What Does an Uninsured Motorist Attorney Near Hialeah Actually Charge?

What is the short answer on fees, what will this actually cost me?

You pay nothing upfront, and you owe no fee if your case does not recover money. An uninsured motorist attorney near Hialeah works on a contingency fee: the firm collects a percentage of your settlement or verdict only at the end, not through hourly bills or monthly invoices. There is no retainer, no surprise statements, and no obligation to pay anything during your case. The agreement is in writing before work begins, and Florida Bar rules give you three business days to cancel it. This structure exists because many clients say, “I can’t afford legal action.” Contingency fees remove that barrier. At Wolfson & Leon, our Hialeah office at 1840 W 49th St #734 operates this way for every personal injury client.

What percentage does the attorney take, and does it change if we go to court?

Under Florida Bar Rule 4-1.5(f), the typical contingency fee is 33⅓ percent if your UM claim settles before the insurance company files an answer or demands arbitration. If the case moves past that point into active litigation, the fee generally rises to 40 percent. These percentages apply to recoveries up to one million dollars. For amounts above one million dollars, lower percentages apply. These are maximums set by the Florida Bar; a lawyer may charge less. Your written agreement will reflect the exact terms. You can review our full personal injury fee schedule for more detail.

Who pays the costs while the case is going, records, experts, filing fees?

Attorney fees (the percentage) and case costs (out-of-pocket expenses) are separate. Wolfson & Leon advances all case costs so you never write a check during your claim. These include medical record retrieval, expert medical testimony, accident reconstruction analysis, court filing fees, deposition transcripts, and court reporter charges. Costs are repaid only from your recovery at the end and do not inflate your attorney’s percentage. If there is no recovery, you owe no attorney fee; how case costs are handled in that situation is spelled out in your written agreement. This matters because many injury victims wonder: “Is this even worth pursuing? Will the next lawyer just tell me the same thing?” Cost-advancing means you do not pay out of pocket while your case is pending.

A UM claim is against your own insurer, does that change the fee or make it harder?

A UM claim is filed against your own insurance company, not the at-fault driver, because that driver had no bodily injury coverage or too little to cover your losses (Fla. Stat. § 627.727). Your fee structure does not change, it remains a standard contingency. Miami-Dade has many drivers without bodily injury coverage, so UM claims are common in Hialeah. Even though you paid premiums for this protection, your insurer may still dispute the value of your claim. For example, an insurer may point to prior back or neck problems to argue your injuries are not from the crash. The at-fault driver often has no assets worth collecting, which is why your UM policy is often the only realistic source of compensation.

Can my own insurer be forced to pay my attorney fee on a UM claim? What changed in 2023?

Florida law once allowed prevailing UM claimants to recover their attorney fees from their own insurer under a one-way fee-shifting rule. The 2023 tort reform legislation materially changed this provision. As of now, the ability to shift attorney fees onto your insurer in a UM dispute is less certain than it was before March 2023. It is advisable to confirm the current status of Fla. Stat. § 627.428 with counsel during your consultation. The practical effect is that insurers may negotiate differently now, knowing they are less likely to face a fee judgment if they push a case to trial. Discuss this openly when you call.

What does it cost to ask, how do I get started from Hialeah?

The first step costs you nothing. Call Wolfson & Leon at 305-965-3766 for a free consultation with no obligation. We speak Spanish and can meet you at your home or hospital room if you cannot travel. Our office is at 1840 W 49th St #734 in Hialeah. Adjusters often take recorded statements within hours of a crash, and if English is not your first language, a misstated symptom can hurt your claim for years. Get clear advice early, in the language you think in. There is no pressure to decide on the call, just facts about your options.

Frequently asked questions

If I have no money, can I still hire a UM attorney in Hialeah?
Yes. You pay no upfront fees or costs. The attorney only gets paid if your case recovers money, and case expenses are advanced by the firm.

Does the attorney fee percentage go up if my UM case goes to a lawsuit?
Typically, yes. Under Florida Bar rules, the fee can be up to 33⅓ percent before the insurer files an answer or arbitration is demanded, and up to 40 percent after that point.

Is it harder to win a UM claim because the case is against my own insurer?
Not necessarily harder to win, but your insurer will defend the claim like any other party. They have a financial incentive to pay as little as possible, even though you paid for the coverage.

What does the 2023 Florida law change mean for my UM attorney fee claim against my insurer?
The 2023 tort reform altered the old rule that let winning UM claimants recover attorney fees from their insurer. The current availability of that remedy is uncertain and should be reviewed with your lawyer.

How long do I have to file a UM claim after a Hialeah crash?
A UM claim against your own insurer is a contract claim, so it is not governed by the two-year negligence deadline (Fla. Stat. § 95.11) that applies to injury lawsuits against an at-fault driver for crashes on or after March 24, 2023. Talk to a lawyer promptly to confirm the deadline that applies to your claim. Do not wait, evidence disappears quickly in Miami-Dade cases.

Related reading: The driver who hit me in Hialeah has no insurance. What now? · 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 · I was in a car accident in Hialeah. What do I do now? · How long do I have to file an injury lawsuit in Florida? The two-year rule after HB 837

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.