Based on data obtained from USCourts.gov, Florida ranks first as the state with the highest number of personal injury cases per capita. Personal injury cases made up 62% of all pending civil cases in Florida within the past year, highlighting the significant impact of these cases on the state’s legal system.

If you’re planning to file a personal injury claim, it is important to take note of a few things before taking the next step. The information above indicates the likelihood of encountering a substantial backlog in Florida’s courts. Grasping the nuts and bolts of contingency fees is also essential before you sign any agreement with a personal injury lawyer.

Aside from that, below are some more things you should know before proceeding to file a personal injury claim in Florida:

The Cost of Hiring Personal Injury Lawyers in Florida

No matter how you look at it, you need competent legal counsel if you want to secure a favorable judgment on your personal injury claim. An experienced personal injury lawyer can help you navigate the complexities of court procedures and ensure that your best interests are protected during negotiations.

There are two common types of arrangements for hiring personal injury lawyers. You can choose to get a lawyer based on a contingency fee agreement or opt to pay an hourly fee instead.

• Contingency Fee: Generally 33 to 40% of the Awarded Settlement

It is common practice among personal injury lawyers to accept cases on a contingency fee basis. This means that you don’t have to pay your lawyer upfront until they secure a favorable settlement or win the personal injury case on your behalf.

A contingency fee arrangement is beneficial for complainants who don’t have the financial means to retain legal counsel. Generally, lawyers get 33 to 40% of the awarded settlement as a contingency fee. Remember that the exact percentage would vary depending on the difficulty of the case, the professional expertise of the lawyer, and the total amount of the settlement.

• Hourly Fee: Ranges From $250 to $500 per Hour

Billing lawyers by the hour may not be common in personal injury cases, but it is always an option. Typically, lawyers prefer this arrangement if it is difficult to gauge the outcome of the case and when there are difficulties in gathering evidence or negotiating a settlement.

This billing method allows lawyers to account for the unpredictability of the personal injury case while ensuring they are compensated for their time and effort. However, this method can cause a huge financial burden on the client, as they may end up paying a higher fee if the case takes longer than expected.

Remember that Florida courts are currently swamped with a record-high number of personal injury cases. Hence, it might take longer for your case to be resolved if it does go to trial. The longer your case drags on, the more hours your attorney will need to bill for their services. If you’re choosing this option, you may end up feeling pressured to settle for a lower amount to avoid accumulating more legal fees.

The Majority of Personal Injury Claims Are Resolved Through Settlements

Personal injury claims arising from vehicular accidents might seem common, but in reality, only four to five percent of these cases go to trial. The majority of personal injury claims are often settled outside of court through negotiations or alternative dispute resolution methods. This is primarily due to the high costs, time-consuming nature, and uncertainty associated with going to trial.

Knowing this, it is best to be open to alternative resolutions before pursuing a personal injury claim. This way, you can save time and resources and avoid a stressful trial process. However, you must consult a lawyer first to determine if you can get a fair settlement out of the negotiations.

Your lawyer can offer advice on whether it is more advantageous to pursue a settlement or proceed to trial, considering factors like the strength of your evidence, the actual cost of damages or injuries incurred, and the likelihood of success in court.

Be Mindful of Tort Reforms Under House Bill 837

In March 2023, HB 837 came into law. This introduced several reforms that can affect your personal injury case in Florida. Some of the most significant changes are the following:

• Statute of Limitations

HB 837 reduced the statute of limitations to two years for actions based on negligence. Prior to this, a party has four years to file a lawsuit for negligence. This change in the statute of limitations aims to expedite the legal process and ensure that cases are resolved more efficiently.

If you’re still thinking about filing a personal injury claim based on negligence, you must decide fast. You also have to consider that lawyers will spend significant time preparing the case and gathering evidence within the limited two-year timeframe. However, note that actions based on wrongful deaths caused by intentional torts may still be commenced at any time.

• Comparative Fault Scheme

Before HB 387 came into law, a party may still collect damages even if they were 99% responsible for the accident or negligent act. However, with the implementation of HB 387, you must ensure that you are not more than 50% responsible for the injuries and damages you have suffered. Parties found to be more than 50% responsible for their own harm are not allowed to recover damages anymore.

This means that if you were partially at fault for a vehicular accident, you may be unable to recover damages. Hence, it is important to gather evidence and present a strong case to prove the other driver’s negligence and establish your own comparative fault.

Again, like other laws, this has a few exceptions. This comparative fault scheme is not applicable in cases of personal injury and wrongful deaths arising from medical negligence. It’s best to discuss the circumstances of your case with a lawyer to determine if comparative fault applies and whether or not you are qualified to recover damages out of a negligence case.

If you want to know more about tort reforms under HB 387, it is best to consult a personal injury lawyer in Florida. They can provide you with accurate information and guidance on how these reforms may impact your potential case.