No Win No Fee in Hialeah: What You Actually Owe If You Lose

‘No win, no fee’ means your attorney does not charge a fee if your case ends with no recovery. It does not automatically mean you owe nothing at all. Case costs like filing fees, medical records, and expert reports are separate from the lawyer’s fee. At Wolfson & Leon, your written fee agreement will clearly state how these costs are handled before you sign anything.

What is the difference between a free consultation and a no-win-no-fee promise?

A free consultation and a contingency fee agreement are two different things. The free consultation is a one-time meeting with no charge to discuss your claim. It creates no legal relationship and binds neither you nor the lawyer. The “no win, no fee” promise comes later, in a written contract that governs how the attorney gets paid over the life of your case. Walking out of a free consultation costs you nothing, regardless of what you later agree to. At Wolfson & Leon, we offer free consultations at our Hialeah office at 1840 W 49th St #734, at your home, or even in a hospital room. We can explain all fee terms in Spanish during that meeting.

What are ‘case costs’ and why are they different from the attorney’s fee?

Case costs are real expenses paid to third parties while building your claim. They are not the same as the attorney’s fee, which is a percentage of what you recover. Common case costs include court filing fees, fees to get your medical records, police report retrieval fees, expert witness charges for accident reconstruction or medical opinions, deposition transcripts, and process server fees. These costs exist whether your case settles or not. Florida Bar advertising rules prohibit misleading statements, and an ad saying “pay nothing” can mislead if it hides the fact that case costs might still apply. “No fee” and “no cost” are not the same thing. Costs vary depending on how complex your case becomes.

If my case loses, what do I actually owe?

If there is no recovery, your attorney earns no fee, the percentage applies to zero. But case costs are a separate question. Some firms absorb these costs on a loss; others don’t, read it carefully before you sign. You should ask this question directly and confirm it in your written agreement before signing. In rare cases where a lawsuit goes to trial and you lose, Florida law allows the defendant to ask the court for certain taxable costs. Courts have discretion over those amounts, and they are not automatic. The only way to know your exact responsibility is to read your signed fee agreement.

If my case wins, in what order does the money come out?

The gross settlement or verdict amount is never your final take-home. The attorney’s fee percentage is paid from the recovery, and case costs advanced by the firm are reimbursed; your written agreement must say whether costs are deducted before or after the fee is calculated. Any medical liens or other reimbursement claims are also paid from the recovery. You receive the net balance. For example, a health insurer, Medicare, or Medicaid that paid your medical bills may have a right to repayment; bills already paid by PIP under FS 627.736 generally are not recovered twice. Providers who treated you on a lien also get paid from the settlement. Contrary to the myth that “the lawyer gets one-third and you keep one-third,” the reality involves fees, costs, and liens, so your net is almost always less than the headline number. Your written agreement will show exactly how your recovery is allocated.

What must be in writing before I sign anything?

Florida Bar rules require a contingency fee agreement in a personal injury case to be in writing and signed by you and the lawyer. The agreement should state the fee percentage, when that percentage applies, how case costs are handled, and whether you must repay those costs if there is no recovery. Florida Bar rules also generally give you a short window after signing, typically three business days, to cancel the agreement in writing without obligation. The advertisement is not the contract. The written agreement you sign is what controls your financial obligations. Always read it, ask questions, and confirm details before putting your name on the line.

How does Wolfson & Leon handle fees, costs, and the conversation before you sign?

At Wolfson & Leon, we advance case costs so you do not pay them out of pocket while your case is active. There is no attorney fee unless there is a recovery. Your fee percentage and cost arrangement are set in writing before we begin work. We explain all terms in plain language, and Spanish-language explanations are available. Free consultations can happen at our Hialeah office at 1840 W 49th St #734, at your home, or in a hospital room. What happens to advanced costs if your case does not recover is addressed in your written agreement, ask us directly about it before you sign.

Frequently asked questions

Is the free consultation the same as the no-win-no-fee promise?
No. The free consultation is a single no-charge meeting to review your claim. The no-win-no-fee promise is part of a later written contract that covers payment throughout your case.

What are case costs, and do I have to pay them if my case loses?
Case costs are out-of-pocket expenses like filing fees, medical records, and expert reports. Whether you owe them if you lose depends on your written fee agreement.

If I win, why is the settlement amount different from what I take home?
Your attorney’s fee, reimbursed case costs, and any medical liens come out of the recovery, as your written agreement describes. What remains is your net recovery.

Does Florida require the contingency fee agreement to be in writing?
Yes. Florida Bar rules require the agreement to be in writing and signed by you and the lawyer.

Can I meet with a Hialeah injury lawyer if I am in the hospital or cannot travel?
Yes. Wolfson & Leon offers free consultations at the hospital, at your home, or at our Hialeah office.

Related reading: I was in a car accident in Hialeah. What do I do now? · I fell in a store in Hialeah. Can I make a claim? · The attorneys who answer the phone · I was in a car accident in Hialeah. What do I do now? · The 14-day PIP rule in Florida: what happens if you wait to see a doctor after a Hialeah car accident

Hurt in an accident in Hialeah? Call Wolfson & Leon at 305-965-3766 for a free consultation. We speak Spanish, and there is no fee unless we win.