Will I have to pay my attorney for filing a claim?
Obviously, the answer is it depends. Generally speaking, in Florida, on an insurance claim, or any type of claim against your insurance, if you have to sue your own insurance company to enforce your benefits or rights under the insurance policy, or is it a contract, you’re entitled to your attorney fees and costs for having to do so, as long as you get any decree judgment amount in your favor. With that being said, different attorneys will go about this different ways. Generally speaking, there’s going to be a contingency contract where the attorney is entitled to either statutory fees or a percentage of your recovery. In our office, we try to take statutory fees in just about every case, so the money’s not coming out of our client’s pocket, and they have their funds to pay for the repairs that need to be done. You may lose a percentage of those funds to a public adjuster, if you retained one, and that can range anywhere from 10-20%, depending on the circumstances. At the end of the day, as far as your attorney, your attorney should be able to recover statutory fees if they have a winning case for you. In some instances, the contract may provide for them to take a percentage of your recovery, but you definitely want to discuss that, and understand that issue, and what their intent is, when you hire them.