How will I pay for an attorney?

When you’ve been seriously injured because of someone else’s negligence, you need a skilled personal injury attorney to get the full amount of compensation you deserve. Fortunately, if you choose de la Parte & Gilbert, P.A., you won’t have to pay upfront for legal fees and expenses when you’re hurt and can’t work.

At de la Parte & Gilbert, P.A., we handle all of our medical malpractice, wrongful death, and catastrophic personal injury cases on a contingency fee basis, which means we won’t charge you legal fees unless your case settles or you win a recovery in court. If your case does settle or you win a recovery in court, our legal fees will be a percentage of your total recovery.

What comes out of my settlement or recovery?

How much money comes out of your total injury compensation will depend on the amount or percentage you’ve agreed to pay for attorney fees, the amount of legal costs that have accumulated, and your medical expenses.

• Attorney Fees – The contingency fee varies based on various factors, including the type of case and the stage at which your case is resolved. Typically, you can expect a fee of 33% or any settlement before suit is filed and 40% of a settlement or recovery at trial if a lawsuit is filed.
• Legal Costs – We advance all legal costs that are later deducted from any settlement or recovery. If your case does not settle or result in a recovery at trial, you won’t have to pay any of these costs.
• Medical Expenses – We have a legal obligation to deduct and pay all medical liens from your settlement or recovery. These liens can come from medical providers you still owe, and from insurance companies who paid your injury-related medical bills.

What if I have questions about the contingency fee?

Your attorney at de la Parte & Gilbert will explain exactly how the attorney’s fees will be calculated, and what else will come out of any potential settlement or trial recovery, before you sign a written contingency agreement. Our attorneys are happy to answer any questions about our fee structure, how costs are handled, or any other terms of the contingency agreement.

Once a settlement or recovery at trial has been obtained, you will receive a written settlement statement that outlines precisely how your settlement or recovery proceeds will be allocated, including how much you will take home.

We pride ourselves on being transparent and up front regarding our fees and how settlements and trial recoveries must be allocated according to Florida law. If you have any questions regarding how contingency fees operate, legal costs, or medical liens, call 813-229-2775.