How to Choose a Personal Injury Lawyer in Florida
Choosing a personal injury lawyer can affect how an accident claim is investigated, documented, communicated, negotiated, and, when necessary, litigated.
A prominent advertisement, large number of online reviews, or promise of personal attention does not by itself establish that a lawyer is the right fit for a particular case. An injured person should evaluate the lawyer's relevant experience, communication structure, fee agreement, staffing model, resources, professional standing, and approach to client decision-making.
In this installment of the Curry Law Group Personal Injury Series, attorney Dan King discusses when to contact a lawyer, how to evaluate potential counsel, questions to ask during a consultation, contingency fees, and the importance of direct attorney communication.
Because the video was originally published on March 20, 2019, the article below provides updated guidance. Current fee terms, firm staffing, professional rules, and case procedures should always be confirmed directly with the lawyer and through the written representation agreement.
Watch: Choosing a Personal Injury Lawyer — Curry Law Group Personal Injury Series
Confirm Current Fee and Cost Terms in Writing
This video was recorded in 2019. Current contingency-fee percentages, case-cost obligations, staffing, and representation terms must be confirmed through Curry Law Group's current written agreement. A contingency fee does not automatically eliminate responsibility for case costs, medical bills, liens, or other expenses.
When Should You Contact a Personal Injury Lawyer?
An injured person may benefit from contacting a lawyer early when a claim involves:
- Significant or continuing injuries
- Hospitalization or surgery
- Lost income
- Disputed fault
- Multiple vehicles or responsible parties
- A commercial truck or business vehicle
- An uninsured or underinsured driver
- A dangerous property condition
- A government entity
- A death
- A child or legally incapacitated person
- Requests for recorded statements
- Broad medical authorizations
- An early settlement offer
- Missing or disappearing evidence
- Questions about filing deadlines
Not every minor accident requires legal representation. A consultation may still help a person understand insurance obligations, evidence-preservation concerns, applicable deadlines, and whether handling the claim without counsel is practical.
Seeking a consultation does not require the person to hire the first lawyer contacted.
Should You Notify the Insurance Company First?
Insurance policies commonly require timely notice of an accident or loss.
Reporting that an accident occurred is different from providing an extensive recorded statement, signing a release, accepting fault, authorizing broad access to medical records, or agreeing to settle.
When reporting a claim:
- Provide accurate basic information.
- Obtain the claim number.
- Record the adjuster's contact information.
- Ask whether the call is being recorded.
- Avoid speculation.
- Do not exaggerate or minimize injuries.
- Do not guess about details you cannot recall.
- Preserve copies of all correspondence.
A person's own insurance policy may impose cooperation requirements. The other party's insurer generally does not have the same contractual relationship with the injured person.
Legal advice may be appropriate before providing a detailed statement or signing documents.
Where Can You Find a Personal Injury Lawyer?
Potential sources include:
- Recommendations from trusted friends or relatives
- Another lawyer who does not handle injury cases
- Local or state lawyer directories
- The Florida Bar's lawyer resources
- Professional organizations
- Online search results
- Client reviews
- Local community referrals
- A lawyer referral service
The Florida Bar advises potential clients to investigate lawyers through directories, referrals, professional information, and direct consultation rather than relying on one source alone.
A referral can be useful, but another person's positive experience does not guarantee that the same lawyer is suitable for a different type of accident or injury.
How Much Weight Should You Give Online Reviews?
Reviews can provide information about:
- Responsiveness
- Courtesy
- Office organization
- Communication
- Whether clients felt informed
- General service experience
Reviews may not reliably establish:
- The legal complexity of the reviewed case
- The quality of the evidence
- Whether the result was favorable
- Whether the reviewer was the actual client
- The lawyer's litigation ability
- The terms of the fee agreement
- Whether the lawyer personally handled the matter
- Whether the review is current
Do not select or reject a lawyer solely because of one review, star rating, testimonial, television advertisement, or billboard.
Use reviews as one part of a broader evaluation.
Does Advertising Prove That a Lawyer Is Qualified?
No.
Advertising may help consumers identify a lawyer or firm, but the size of an advertising budget does not establish competence, trustworthiness, personal attention, or suitability for a particular claim.
Florida lawyer advertising is regulated under the Rules Regulating The Florida Bar. Advertising requirements address issues such as identification, misleading information, claims about results, and submission or review of certain advertisements.
Even a compliant advertisement is not a substitute for:
- Reviewing the lawyer's professional history
- Confirming relevant experience
- Asking who will handle the matter
- Understanding the fee agreement
- Discussing the facts directly
- Evaluating communication and trust
Verify the Lawyer's Florida Bar Status
Before hiring a lawyer, verify that the attorney is licensed and eligible to practice in Florida.
Professional information may include:
- Current membership status
- Admission date
- Office information
- Disciplinary history where publicly available
- Board certifications
- Practice information
- Contact details
Do not assume that appearing in an advertisement or search result confirms current eligibility.
Also verify whether the person providing legal advice is an attorney rather than a nonlawyer intake representative, marketer, referral company, or lead-generation service.
Does the Lawyer Handle Personal Injury Cases?
Ask directly how much of the lawyer's practice involves personal injury.
Relevant experience may include:
- Automobile accidents
- Truck crashes
- Motorcycle accidents
- Pedestrian injuries
- Premises liability
- Negligent security
- Dog bites
- Defective products
- Catastrophic injuries
- Wrongful death
- Insurance disputes
- Uninsured-motorist claims
A lawyer experienced in one legal area may not routinely handle another.
For example, a lawyer whose practice focuses primarily on divorce, criminal defense, estate planning, or real estate may have limited experience investigating medical causation, liability insurance, injury damages, liens, or accident reconstruction.
Who Will Actually Handle the Case?
Ask who will be responsible for the claim after the initial consultation.
Possible participants may include:
- The supervising attorney
- Another attorney
- A paralegal
- A legal assistant
- An investigator
- A nurse consultant
- A case manager
- Outside experts
- Co-counsel
Delegation is normal in legal practice. The important questions are:
- Who makes legal decisions?
- Who communicates with insurers?
- Who reviews medical and liability evidence?
- Who negotiates settlement?
- Who prepares the lawsuit?
- Who would appear in court?
- How often will the client speak with an attorney?
- Who should be contacted with urgent questions?
Do not assume the person featured in an advertisement will personally perform every part of the representation.
Know Your Legal Team
Ask who will supervise the case, who will provide routine updates, who will communicate with insurers, and who would handle litigation. Staff support is normal, but the client should understand how attorney supervision and communication will work.
Personal Injury Lawyer Evaluation
A noninteractive reference card. Use it to organize information gathered during consultations. It does not score, rank, or endorse any firm.
Will the Lawyer Personally Meet With You?
The initial meeting may occur:
- In person
- By telephone
- By secure video conference
- At a hospital or rehabilitation facility
- At another appropriate location
Ask whether the consultation is with:
- The lawyer expected to supervise the case
- Another attorney
- A nonlawyer intake employee
- A referral representative
A trained staff member may gather preliminary information, but the client should understand when a lawyer will evaluate the legal issues and discuss representation.
What Experience Should You Ask About?
Useful questions include:
- How often do you handle this type of claim?
- Have you handled cases involving this type of injury?
- Do you handle uninsured-motorist claims?
- Do you file lawsuits when appropriate?
- Who handles litigation if a lawsuit becomes necessary?
- Have you worked with the type of expert this case may require?
- How do you evaluate medical causation?
- How do you investigate available insurance coverage?
- How do you handle medical liens and reimbursement claims?
- Do you refer cases to another firm?
- Would another lawyer share the fee?
Experience does not guarantee success. It helps the client understand whether the lawyer is familiar with the issues likely to arise.
Does Trial Experience Matter?
Many personal injury claims settle without trial. Some require litigation because the parties dispute:
- Fault
- Insurance coverage
- Medical causation
- Injury severity
- Future treatment
- Lost income
- Comparative fault
- Settlement value
A lawyer should not claim that every case must go to trial. However, a client may reasonably ask whether the firm is prepared to file and litigate a case when settlement cannot be reached on acceptable terms.
Ask:
- Does the firm file lawsuits?
- Who would be trial counsel?
- Would the case be referred to another firm?
- Has the lawyer handled contested hearings, depositions, mediation, and trial preparation?
- How does litigation affect fees and costs?
Trial experience is one factor, not a guarantee of a better result.
Should You Interview More Than One Lawyer?
You may.
Speaking with multiple lawyers can help compare:
- Communication style
- Relevant experience
- Staffing
- Case strategy
- Fee terms
- Treatment of expenses
- Expected client involvement
- Accessibility
- Potential conflicts
- Overall comfort and trust
You do not need to interview a fixed number of lawyers.
A person who feels informed and comfortable after one consultation may choose that lawyer. A person who remains uncertain should take time to ask additional questions or consult another lawyer before signing.
Avoid unnecessary delay when evidence may disappear or deadlines may apply.
What Questions Should You Ask During the Consultation?
Consider asking:
- Do you regularly handle this type of personal injury matter?
- Who will supervise my case?
- Who will communicate with me?
- How often will I receive updates?
- How should I send documents?
- What evidence should be preserved immediately?
- What insurance policies may apply?
- What filing or notice deadlines may apply?
- What problems do you see with the claim?
- What information do you still need?
- How are attorney's fees calculated?
- How are case costs handled?
- Could I owe costs if there is no recovery?
- Would another firm or lawyer participate?
Who decides whether to accept a settlement?
- What happens if I want to change lawyers?
- How will medical bills and liens be addressed?
- Will I receive a written agreement?
- What are my responsibilities as the client?
- What results cannot be predicted at this stage?
A responsible lawyer should be willing to discuss both strengths and uncertainties.
What Is a Contingency Fee?
Many personal injury lawyers use a contingency-fee arrangement.
Under this structure, the attorney's fee is generally calculated as an agreed percentage of a recovery rather than billed through ordinary hourly fees.
Florida requires contingency-fee agreements to be in writing and signed by the client and the lawyers or law firms entitled to receive a fee. The agreement should explain the applicable percentage, expenses, and how deductions will be made.
Do not rely on a verbal statement such as "you pay nothing" without reviewing the contract.
Is the Contingency Percentage Set at One Universal Rate?
No single percentage should be assumed for every matter.
Florida's professional rules regulate contingency fees and include requirements and limitations that may depend on:
- The type of case
- The amount recovered
- Whether a lawsuit is filed
- Whether the defendant responds
- Whether an appeal occurs
- Whether multiple lawyers participate
- Whether the claim involves medical liability
- Other circumstances addressed by the rules
The percentage and stages applicable to the representation should be stated in the written agreement.
Do not rely on a 2019 video for a current fee percentage.
What Is the Statement of Client's Rights?
In most qualifying contingency-fee personal injury, property-damage, and wrongful-death matters, the lawyer and client must review and sign a Statement of Client's Rights.
It addresses subjects such as:
- The client's right to select a lawyer
- The right to ask questions
- The right to receive information
- The right to participate in settlement decisions
- Fee and expense information
- The right to end the attorney-client relationship
- Communication expectations
The Florida Bar states that this document must be read and signed by both attorney and client in most contingency-fee matters.
The statement supplements the fee contract; it does not replace it.
Read Both Documents Before Signing
The Statement of Client's Rights explains important protections and expectations, but it does not replace the contingency-fee contract. Review both documents, ask questions, and retain copies.
Are Attorney's Fees and Case Costs the Same?
No.
Attorney's fees compensate the lawyer for legal services.
Case costs may include:
- Filing fees
- Service of process
- Medical records
- Depositions
- Court reporters
- Expert witnesses
- Investigators
- Accident reconstruction
- Medical examinations
- Exhibits
- Travel
- Trial technology
- Other litigation expenses
The agreement should explain:
- Who advances costs
- Whether costs are deducted before or after the attorney's fee
- Whether the client owes costs if there is no recovery
- Whether approval is needed for major expenses
- Whether interest or financing charges may apply
The Florida Bar advises that clients may remain responsible for costs even when a case is lost unless the contract specifically provides otherwise.
Does "No Fee Unless We Recover" Mean No Expense?
Not necessarily.
The phrase may refer only to the attorney's fee. It may not describe:
- Court costs
- Expert fees
- Medical-record charges
- Litigation expenses
- Interest on advanced costs
- Medical bills
- Health-insurance reimbursement claims
- Liens
Read the entire contract and ask for clarification in writing.
The article should not claim that representation will cost the client nothing unless Curry Law Group's current approved agreement expressly establishes that term.
Who Decides Whether to Settle?
The client decides whether to accept or reject a settlement offer after receiving legal advice.
The lawyer may:
- Evaluate liability
- Explain damages
- Review insurance limits
- Analyze comparative fault
- Estimate litigation risks
- Identify liens and expenses
- Recommend acceptance or rejection
- Negotiate terms
The lawyer should not accept a settlement without the client's authority.
The client should understand:
- The gross settlement
- Attorney's fees
- Case costs
- Medical balances
- Liens
- Reimbursement claims
- The anticipated net recovery
- The release being signed
No lawyer can guarantee that rejecting an offer will produce a better result.
How Will the Lawyer Communicate With You?
Ask about:
- Primary contact person
- Telephone response practices
- Email or portal communication
- Update frequency
- Document submission
- Emergency contact procedures
- Office hours
- Vacation or absence coverage
- Access to the supervising attorney
- Communication after a lawsuit is filed
Good communication does not require the attorney to personally answer every call immediately. It should provide a reliable method for questions, updates, decisions, and urgent issues.
Clients also have responsibilities, including:
- Providing accurate information
- Updating contact details
- Attending appointments
- Preserving evidence
- Responding to requests
- Reporting changes in medical care or employment
- Avoiding harmful public posts
- Reviewing documents
- Participating in major decisions
What Red Flags Should You Watch For?
Potential concerns include:
- Guaranteed results
- A guaranteed settlement amount
- Pressure to sign immediately without reviewing the agreement
- Refusal to explain fees or costs
- Unclear identification of the lawyer responsible
- Statements that the client will never speak to an attorney
- Requests to exaggerate symptoms
- Advice to conceal prior injuries
- Instructions to destroy evidence
- Promises based only on prior results
- Unexplained referrals to another firm
- Lack of a written contingency agreement
- Unwillingness to discuss potential weaknesses
- Claims that a television presence proves superior ability
- Advice to stop medically appropriate treatment for strategic reasons
- Instructions to provide false information to an insurer or provider
A lawyer should be able to explain the proposed representation without guaranteeing the outcome.
What About Large Firms and Small Firms?
Firm size alone does not determine quality.
A large firm may offer:
- Significant staffing
- Multiple practice teams
- Extensive litigation resources
- Specialized departments
- Broad geographic coverage
A smaller firm may offer:
- Direct attorney access
- A smaller client roster
- More centralized decision-making
- Local familiarity
- A consistent point of contact
Either model can work well or poorly.
The relevant questions are:
- Who handles the matter?
- Are responsibilities clearly assigned?
- Are adequate resources available?
- Will the client receive reliable communication?
- Is the firm prepared for litigation?
- Does the staffing structure fit the claim?
Avoid unsupported claims that one firm model is always more personal or effective than another.
Can a Lawyer Refer or Share the Case With Another Firm?
Potentially.
A lawyer may involve another attorney because of:
- Specialized expertise
- Trial resources
- Geographic considerations
- Workload
- Conflicts
- Joint responsibility
- Another legitimate reason
Ask:
- Why another lawyer is involved
- What work each firm will perform
- Who will communicate with the client
- How the fee will be divided
- Whether the total fee changes
- Whether client consent is required
- Who will appear in court
Florida's professional rules regulate fee divisions between lawyers, including additional requirements in certain personal injury and wrongful-death contingency matters.
Can You Change Lawyers?
A client generally has the right to end the attorney-client relationship.
Changing lawyers may still create issues involving:
- Existing fee claims
- Reimbursement of costs
- Deadlines
- Transfer of the file
- Court approval when litigation is pending
- Medical-provider arrangements
- Liens
- Delay
- Communication with insurers
Do not terminate counsel impulsively during an urgent deadline.
Review the agreement, ask for an explanation of the concerns, and obtain advice from prospective replacement counsel.
Should You Ask About Disciplinary History?
You may review publicly available professional information and ask the lawyer about matters that concern you.
A disciplinary history does not always explain the full context. The absence of public discipline also does not guarantee competence or suitability.
Consider it alongside:
- Relevant experience
- Communication
- Fee terms
- Professional standing
- Staffing
- Responsiveness
- Case approach
- References
- Direct consultation
Does the Lawyer Understand Medical and Insurance Issues?
Personal injury representation may require analysis of:
- Medical records
- Diagnostic findings
- Preexisting conditions
- Future treatment
- Work restrictions
- PIP
- Bodily-injury liability
- Uninsured-motorist coverage
- Health-insurance reimbursement
- Medicare or Medicaid interests
- Medical liens
- Provider balances
- Disability documentation
The lawyer is not a medical provider. The lawyer should nevertheless understand how medical evidence and insurance issues interact with the legal claim and know when qualified experts are needed.
What Should You Bring to the Consultation?
When available, bring:
- Crash or incident report
- Photographs and video
- Insurance information
- Claim numbers
- Medical records
- Discharge instructions
- Medical bills
- Employment information
- Wage-loss records
- Witness information
- Vehicle-damage estimates
- Communications from insurers
- Settlement offers
- Releases or authorizations
- Prior relevant medical information
- A timeline of the incident and treatment
- A list of questions
Do not delay an urgent consultation merely because every document has not yet been collected.
Personal Injury Lawyer Consultation Checklist
Before hiring a lawyer, confirm:
- The lawyer is licensed and eligible to practice in Florida.
- The lawyer regularly handles the relevant type of claim.
- You know who will supervise the case.
- You know who will communicate with you.
- The firm's litigation approach has been explained.
- No result or recovery has been guaranteed.
- You understand the contingency-fee percentage.
- You understand how case costs are handled.
- You know whether costs may be owed without a recovery.
- You received the written fee agreement.
- You reviewed the Statement of Client's Rights when required.
- You understand whether another firm will participate.
- You know who decides whether to settle.
- You understand your responsibilities.
- You have received answers to your major questions.
- You feel able to communicate honestly with the lawyer.
Frequently Asked Questions
When should I call a personal injury lawyer?
Contacting a lawyer early may be useful when injuries are serious, fault is disputed, evidence may disappear, insurers request detailed statements, or a filing or notice deadline may apply.
Should I contact my insurance company before a lawyer?
Timely notice may be required. Reporting the accident is different from giving a detailed recorded statement or signing documents. Review your policy obligations and obtain advice when appropriate.
Should I hire the lawyer with the most online reviews?
Not automatically. Consider relevant experience, communication, staffing, fee terms, professional standing, and direct consultation in addition to reviews.
Does a television advertisement prove the lawyer is experienced?
No. Advertising identifies the lawyer or firm but does not by itself establish competence, personal attention, or suitability for the claim.
Should I speak with more than one lawyer?
You may. Consult another lawyer when you remain uncertain about the experience, communication, fee terms, or proposed representation.
Should my consultation be with an attorney?
Staff may collect preliminary information, but you should understand when a lawyer will evaluate the claim and who will supervise the representation.
What is a contingency fee?
It is an arrangement in which the lawyer's fee generally depends on obtaining a recovery and is calculated according to the written agreement.
Is the contingency fee the same for every case?
No. The applicable fee may depend on the matter, stage, recovery, participating attorneys, and professional rules.
Will I owe nothing if the case is unsuccessful?
Not necessarily. The attorney's fee and case costs are separate. The written agreement should explain whether the client may owe costs without a recovery.
Who decides whether to accept a settlement?
The client decides after receiving advice from the lawyer.
Will the lawyer in the advertisement handle my case?
Not necessarily. Ask who will supervise the matter, communicate with you, negotiate, and litigate if needed.
Can I change lawyers later?
Generally, yes, but fee claims, costs, deadlines, court procedures, and file-transfer issues may need to be addressed.
Does hiring a lawyer guarantee compensation?
No. A lawyer cannot guarantee liability, insurance coverage, settlement, trial results, or the amount of recovery.
Speak With a Brandon Personal Injury Attorney
Choosing a personal injury lawyer involves more than selecting the first name in a search result.
A prospective client should understand the lawyer's relevant experience, who will handle the claim, how communication works, how fees and costs are calculated, and what responsibilities each side will have.
Curry Law Group assists clients with automobile accidents and other personal injury matters in Brandon, Tampa, Riverview, Valrico, Plant City, and surrounding Hillsborough County communities.
To discuss your circumstances and current representation terms, call Curry Law Group at 813-653-2500.
Legal Disclaimer
This article and accompanying video provide general educational information and do not constitute legal, financial, insurance, or professional-ethics advice. The video was originally published on March 20, 2019. Fee rules, representation agreements, firm staffing, advertising requirements, court procedures, and law-firm practices may have changed. Attorney suitability and case outcomes depend on individual facts and circumstances. Viewing this content or contacting Curry Law Group does not create an attorney-client relationship. An attorney-client relationship is created only through an accepted representation agreement or other legally sufficient arrangement.
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