Hiring a Slip and Fall Lawyer in Florida
Who is responsible for a fall in Florida, the deadline to sue and the shorter deadline for falls on city property, how lawyers usually charge (contingency fees), how to check a lawyer's license, and free help. We do not recommend or rank lawyers.
What a lawyer costs in Florida: fee rules
| Rules on contingency fees | Florida requires every contingent fee arrangement to be a written contract signed by the client and a lawyer for the firm, stating the percentages on settlement, trial or appeal and the costs deducted (and whether before or after the fee); the client gets a copy and, at the end, an itemized closing statement. Contingent fees are banned for criminal defendants and for domestic relations fees contingent on a divorce or the amount of alimony, support or property settlement. In personal injury, wrongful death and property damage tort cases, the client must first receive and sign a Statement of Client's Rights, and the contract may be cancelled in writing within 3 business days. Without court approval, fees above these levels are presumed clearly excessive: before an answer is filed (or demand for arbitrators), 33 1/3% of any recovery up to $1 million, 30% of $1-2 million, and 20% above $2 million; after an answer through judgment, 40% up to $1 million, 30% of $1-2 million, 20% above $2 million; if all defendants admit liability and ask for trial on damages only, 33 1/3% up to $1 million, 20% of $1-2 million, 15% above $2 million; plus an additional 5% if an appeal or post-judgment action is needed. In medical liability cases the lawyer must also give the client the text of Florida Constitution article I, section 26 (which, unless waived, entitles the claimant to at least 70% of the first $250,000 of damages). |
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| If you disagree with a lawyer's bill | The Florida Bar's Legal Fee Arbitration Program is free and voluntary: either the lawyer or the client can start it, but both must consent by signing an Agreement to Arbitrate. An arbitrator hears testimony, reviews evidence and makes a final and binding decision. Consumer guide: https://www.floridabar.org/public/consumer/pamphlet009/ |
| If a lawyer takes your money | The Florida Bar Clients' Security Fund, financed by part of Bar members' dues, may provide discretionary relief to people who lost money because a Florida lawyer misappropriated it during an attorney-client relationship. The lawyer generally must have been suspended, disbarred or had a license revoked (or have died), and a grievance must be filed unless the lawyer was already disbarred, revoked or deceased. Limits: unearned fees up to $5,000 (only if no useful services were provided) and misappropriation up to $250,000; damages, expenses and lost interest are not paid, and negligence, malpractice and fee disputes are not covered. File within three years of the final disciplinary action or the lawyer's death; processing often takes more than 12 months, and theft claims are paid once a year (prorated if funds are short). |
Florida rules to know first
| Property owner's duty | Slip and fall in a store or other business: if a person slips and falls on a 'transitory foreign substance' (for example a spill) in a business establishment, the injured person must prove the business had actual or constructive knowledge of the dangerous condition and should have taken action to fix it. Constructive knowledge can be shown by circumstantial evidence that the condition existed long enough that the business, using ordinary care, should have known of it, or that the condition happened regularly and was therefore foreseeable. The statute says it does not change any common-law duty of care owed by whoever possesses or controls business premises. Source: Fla. Stat. § 768.0755 |
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| Claims against a city or county | Florida's sovereign immunity waiver statute covers both the State and local governments: 'state agencies or subdivisions' include counties and municipalities. Before suing a city or county, the injured person must present the claim in writing to that city or county within 3 years after the claim accrues (unlike claims against state agencies, a claim against a municipality or county does not also have to be presented to the Department of Financial Services), and the claim must be denied in writing; if there is no final decision within 6 months after filing, the claim is treated as denied. The lawsuit itself must be filed within 4 years after the claim accrues (medical malpractice and wrongful death follow their own deadlines). Recovery is capped at $200,000 per person and $300,000 per incident; any amount above that can be paid only by a further act of the Legislature, and punitive damages and pre-judgment interest are not allowed. The same statute covers the State and local governments; wrongful death claims must be presented to the Department of Financial Services within 2 years (s. 768.28(6)(a)2.). |
| Fault rule | Modified comparative fault (51% bar). In negligence cases, an injured person's own fault reduces the damages proportionately, but a person found more than 50% at fault for his or her own harm recovers nothing. This bar does not apply to personal injury or wrongful death claims for medical negligence, where pure comparative fault applies. Each defendant generally pays only its own percentage of fault. Source: Fla. Stat. § 768.81(2), (3), (6) |
| Deadline to sue | A lawsuit founded on negligence (such as most car-accident and slip-and-fall injury claims) must be filed within 2 years. Claims for assault, battery, false imprisonment and other intentional torts have 4 years, as do product-related injury claims. The 2-year negligence period was shortened from 4 years by 2023 legislation; claims that accrued earlier may be governed by the prior law. |
Find and check a lawyer
| Lawyer referral service | The Florida Bar Lawyer Referral Service matches you with a lawyer based on your legal issue and location after you briefly describe your situation. "You can receive a 30-minute consultation for no more than $25." Call 800-342-8011 (weekdays 8:00 a.m.-5:30 p.m.) or use the online referral form, available 24/7. Local bar associations run nine referral services in Florida's major cities, and The Florida Bar handles referrals from all other areas. The service does not have pro bono lawyers. Coverage areas: https://www.floridabar.org/public/lrs/coverage-areas/ |
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| Check that the lawyer is licensed | The Florida Bar's member search ("Find a Member") lets you look up Florida lawyers by name, Bar number (exact match), city, county, state or country, with filters for eligible lawyers only, board certifications, practice areas, law schools and languages. Source: The Florida Bar, Find a Member |
| Check discipline history or file a complaint | The Florida Bar's Attorney/Consumer Assistance Program (ACAP) is a resource for people who want to discuss concerns about a lawyer's conduct: call 866-352-0707. To file a formal Bar complaint, download the complaint form, review the instructions and submit it as directed. The Bar publishes a monthly summary of disciplinary actions and instructions for viewing discipline documents. The Florida Bar: 651 E. Jefferson St., Tallahassee, FL 32399; 850-561-5600. Filing a complaint: https://www.floridabar.org/public/acap/filing-a-complaint/ ; Discipline documents: https://www.floridabar.org/public/acap/instructions/ |
Free legal help
| Free legal aid | Florida's LSC-funded legal aid organizations give free civil legal help to eligible low-income people: Bay Area Legal Services, Coast to Coast Legal Aid of South Florida, Community Legal Services of Mid-Florida, Florida Rural Legal Services, Legal Services of Greater Miami, Legal Services of North Florida and Three Rivers Legal Services. The Florida Bar's referral page also points people seeking free or low-cost help to Florida legal aid programs listed at fundingfla.org. Florida Bar LRS page: https://www.floridabar.org/public/lrs/ |
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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.