How Much Does a Slip and Fall Lawyer Cost?
Slip and fall cases are personal injury cases, which lawyers often handle on a contingency fee: the lawyer is paid a percentage of the money you recover, and nothing if you lose. Official sources do not publish a typical percentage; the State Bar of California says the fee is negotiable and not set by law, while Florida's rules set maximum percentages for personal injury cases. Court costs and case expenses are separate from the fee, and you may owe them even if you lose. Rules differ by state; in California and Florida, the written fee agreement spells out the percentage and how costs are handled.
What the law says
- The State Bar of California says a contingency fee is often used in accident, personal injury, or other cases in which someone is being sued; you pay a certain percentage of the money you receive if you win or settle, and if you lose the lawyer does not receive any payment from you. State Bar of California, What to Expect Regarding Fees and Billing
- The State Bar of California warns that with a contingency fee you will have to pay some or all of the court costs and other expenses, which can be quite high. State Bar of California, What to Expect Regarding Fees and Billing
- Example (California): the State Bar says a contingency fee agreement should state the lawyer's percentage and whether that share will be figured before or after other costs are deducted, and must note that the fee is negotiable between the attorney and the client and is not set by statute or law. State Bar of California, What to Expect Regarding Fees and Billing
- Example (California): the State Bar says fee agreements must be in writing when the lawyer expects fees and costs for the case to total $1,000 or more. State Bar of California, What to Expect Regarding Fees and Billing
- The State Bar of California says hourly rates can vary among lawyers, suggests asking the lawyer to estimate the time the case will take, and cautions that a case may require more hours than the lawyer first expected. State Bar of California, What to Expect Regarding Fees and Billing
- The Florida Bar describes a contingent fee as a lawyer taking a part of the money the client recovers as the fee; the lawyer is paid only if the client wins, and an extra percentage may apply if the case is retried or appealed. The Florida Bar, Consumer Pamphlet: Attorney's Fees
- Example (Florida): in a contingent fee case, the lawyer and client must enter into a written fee agreement at the start of the representation, signed by the client and by any lawyer or firm that will be paid under it. The Florida Bar, Consumer Pamphlet: Attorney's Fees
- Example (Florida): the Florida Bar says clients may be charged costs such as filing fees and will have to pay these costs even if they lose, unless the contract says otherwise; the contract must specify the other expenses to be deducted and how. The Florida Bar, Consumer Pamphlet: Attorney's Fees
- Example (Florida): for personal injury cases involving tortious conduct, Florida's maximum contingent fees are 33 1/3 percent of any recovery up to $1 million if the case settles before an answer is filed or the time to file one expires, and 40 percent of any recovery up to $1 million after that point through judgment, plus up to 30 percent of any additional recovery between $1 million and $2 million and up to 20 percent of any additional recovery above $2 million. The Florida Bar, Consumer Pamphlet: Attorney's Fees
- Example (Florida): the Florida Bar says lawyers who charge more than these maximum amounts are presumed to be charging an excessive fee unless they have prior court approval. The Florida Bar, Consumer Pamphlet: Attorney's Fees
FAQ
Do I have to pay a slip and fall lawyer up front?
Not usually with a contingency fee. The State Bar of California says contingency fees are often used in accident and personal injury cases: you pay a percentage of the money you receive if you win or settle, and if you lose the lawyer does not receive any payment from you. You may still owe court costs and other expenses.
What percentage does a slip and fall lawyer take?
Official sources do not publish a typical percentage. The State Bar of California says contingency fees are negotiable between the lawyer and client and are not set by law. Florida sets maximums for personal injury cases: 33 1/3 percent of a recovery up to $1 million if the case settles before an answer is filed (or the time to file one expires), and 40 percent of a recovery up to $1 million after that, with lower maximums on larger amounts.
Who pays the costs if I lose?
Often you do. The Florida Bar says you will have to pay costs such as filing fees even if you lose, unless your contract says otherwise, and the State Bar of California says you will have to pay some or all of the court costs and other expenses, which can be quite high.
Is the lawyer's percentage taken before or after expenses?
It depends on the agreement. The State Bar of California says the written agreement should state whether the lawyer's share is figured before or after other costs are deducted, so check this before you sign.
Do I need a written fee agreement?
In Florida, a contingent fee agreement must be in writing and signed at the start of the case. In California, the State Bar says fee agreements must be in writing when the lawyer expects fees and costs to total $1,000 or more. Other states have their own rules.
Can a lawyer charge by the hour for a slip and fall case instead?
Lawyers may use other arrangements. The State Bar of California says hourly rates vary among lawyers and suggests asking for an estimate of the time the case will take, while cautioning that a case may take more hours than first expected.
Related
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- Injured Because a Landlord Didn't Make Repairs: Your Rights
- Fell in a Parking Lot: Who Is Responsible?
- How Long Do You Have to File a Slip and Fall Claim?
- Slipped and Fell in a Store or Grocery Store? Who Is Responsible
- Slipped on Ice or Snow: Can You Sue?
- Tripped on a Broken or Uneven Sidewalk: Who Pays?
- Slipped on a Wet Floor: When the Property Owner Is Liable
- What Is a Statute of Limitations?
- What Is Medical Malpractice?
- What Is Premises Liability? Slip and Fall Law Explained
- What to Do After a Car Accident
- Personal Injury & Wrongful Death by state
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.