Your Case, Our Risk: The No Win No Fee Promise
What “No Win No Fee” Really Means for Injured Floridians
No win no fee is a legal funding agreement where you pay your attorney nothing unless they win your case.
Here’s a quick breakdown:
| Term | What It Means |
|---|---|
| No win no fee | You owe zero attorney fees if your case is lost |
| Contingency fee | Your attorney’s fee is a percentage of your settlement or award |
| Upfront costs | None — you don’t pay to start your case |
| If you win | Your attorney takes a percentage (typically 33%–40% in Florida) from your recovery |
| If you lose | You owe your attorney nothing |
This model exists so that anyone injured by someone else’s negligence can access skilled legal representation — regardless of their financial situation. You shouldn’t have to choose between paying rent and pursuing justice.
After a serious accident, you’re likely dealing with medical bills, lost wages, and a lot of uncertainty. The last thing you need is a legal fee you can’t afford. A no win no fee arrangement removes that barrier entirely. Your attorney only gets paid when you get paid.
I’m Thomas W. Carey, founding partner of Carey Leisure Carney, and over nearly four decades I’ve guided roughly 40,000 injury matters across Florida — the vast majority handled on a no win no fee basis, so cost is never a reason my clients go without representation. Let me walk you through exactly how this works and what to expect.
Must-know no win no fee terms:
Understanding the No Win No Fee Agreement
At its core, a no win no fee agreement is about balancing the scales. When we take on a case at Carey Leisure Carney, we are essentially investing our time, expertise, and resources into your recovery. We understand that after an auto accident or a slip and fall in Clearwater or St. Petersburg, you might be facing a mountain of medical bills and a mailbox full of “past due” notices.
By using a contingency fee model, we remove the financial barrier to high-quality legal help. You don’t need a “war chest” of cash to hire a Board-Certified attorney. Instead, our payment is contingent—or dependent—on us successfully securing a settlement or jury award for you. This aligns our interests perfectly: we only succeed when you succeed. Before you sign anything, it is vital to understand what you need to know about hiring a law firm to ensure you are getting the personalized service you deserve.
What is a no win no fee arrangement?
Technically known as a “Conditional Fee Agreement” (CFA) or more commonly in Florida as a “Contingency Fee Agreement,” this is a legally binding contract between you and our firm. It shifts the financial risk of litigation from your shoulders to ours.
Under a traditional hourly billing model, a lawyer sends you a bill every month regardless of whether the case is moving forward or if the outlook is grim. With a no win no fee promise, we take the risk. If the case doesn’t result in a recovery, we don’t send you a bill for our time. This contract outlines the percentage of the final recovery that will cover our legal fees and how case-related expenses will be handled. It is designed to provide you with peace of mind so you can focus on healing while we focus on the legal heavy lifting.
Types of claims handled on a no win no fee basis
We apply the no win no fee model to a wide variety of personal injury cases across our Florida locations, from Wesley Chapel to Largo. These include:
- Auto Accidents: Whether it’s a car, truck, or motorcycle crash, these are the most common claims we handle on contingency.
- Medical Negligence: Cases involving surgical errors, misdiagnosis, or birth injuries where a healthcare provider failed to meet the standard of care.
- Slip and Fall: Injuries occurring on someone else’s property due to dangerous conditions like wet floors or uneven pavement.
- Workplace Injuries: Helping injured workers navigate the complexities of third-party claims when a non-employer party is at fault.
- Wrongful Death: Seeking justice for families who have lost a loved one due to another’s negligence.
If you are unsure if your specific situation qualifies, you might be wondering what kind of lawyer do I need? to handle your unique circumstances.
How a Claim Works: From Evidence to Settlement
The journey of a no win no fee claim begins the moment you contact us for a free consultation. During this initial meeting, we listen to your story and determine if there is a viable claim. Because we take on the financial risk, we must be diligent in our assessment. Generally, we look for cases where there is clear evidence of negligence and a high probability of success (often cited as 50% or higher in the industry).
Once we accept your case, the “work” phase begins. We don’t ask you for a retainer; instead, we start:
- Evidence Gathering: We collect police reports, surveillance footage, and photos of the scene.
- Medical Records: We compile all documentation of your injuries and treatment to prove the extent of your damages.
- Witness Statements: We interview those who saw the accident to build a strong narrative.
- Case Valuation: Our team, with over 100 years of combined experience, calculates the true value of your claim, including “general damages” (pain and suffering) and “special damages” (economic losses).
Time limits for filing your claim
In Florida, you cannot wait forever to seek justice. The “Statute of Limitations” sets a strict deadline for filing a lawsuit. For most personal injury claims in Florida, the window is typically two years from the date of the accident (following recent legislative changes). If you miss this deadline, you lose your right to sue, no matter how strong your case is.
There are exceptions—such as claims involving minors or cases where the injury wasn’t immediately apparent—but these are rare. This is why it is critical to know when to hire a lawyer as soon as possible after an incident in New Port Richey or Spring Hill. Starting early gives us the best chance to preserve evidence before it disappears.
Success Fees and Costs: What You Pay When You Win
If we win your case—which is always our goal—the legal fees are deducted from the final settlement or court award. This is often called a “success fee.” In Florida, the Florida Bar has established strict rules to ensure these fees are reasonable and transparent.
Typically, the fee is a percentage of the total recovery. For most personal injury cases, the standard is 33.3% (one-third) if the case settles before a formal “answer” is filed by the defense, and 40% if the case proceeds further into litigation. Florida rules also include caps for very large recoveries; for example, the percentage may decrease for portions of a recovery exceeding $1 million. We always discuss these percentages upfront so there are no surprises. If you’re curious about the specifics, you can read more about how much it costs to hire a personal injury attorney.
Understanding disbursements and expenses
It is important to distinguish between “attorney fees” (payment for our time) and “costs/disbursements” (money spent to move the case forward). Even in a no win no fee arrangement, a lawsuit incurs expenses such as:
- Court Filing Fees: The cost to officially start a lawsuit in the Florida court system.
- Expert Witnesses: Fees for medical experts, accident reconstructionists, or life-care planners who provide vital testimony.
- Medical Reports: Charges from hospitals and doctors for copies of your records.
- Administrative Costs: Expenses for depositions, transcripts, and specialized evidence presentations.
At Carey Leisure Carney, we typically advance these costs for you. This means we pay for the experts and the filing fees out of our own pocket while the case is active. If we win, these costs are reimbursed to us from the settlement after the attorney fee is calculated.
Potential Risks and Client Responsibilities
While the no win no fee model is designed to be “risk-free” regarding attorney fees, it is not a total “get out of jail free” card. You still have responsibilities as a client. The most important responsibility is honesty.
We rely on the information you provide to build your case. If a claimant provides misleading information or hides a pre-existing injury, it can jeopardize the entire claim. Furthermore, in some jurisdictions, if a case goes to trial and is lost, the “losing party” could potentially be held liable for some of the other side’s legal costs. However, we work tirelessly to mitigate these risks through careful case selection and thorough preparation.
Exceptions where you might still owe costs
There are very specific, rare circumstances where a no win no fee agreement might be voided, and you could be responsible for costs:
- Claimant Dishonesty: If it is discovered that you committed fraud or lied about the circumstances of the accident.
- Non-cooperation: If you repeatedly fail to attend medical appointments, depositions, or court hearings without a valid reason, making it impossible for us to represent you.
- Early Termination: If you decide to fire your attorney without “good cause” after significant work has been performed, the firm may be entitled to a “lien” for the work done.
- Breach of Agreement: Any major violation of the terms you signed at the start of the case.
Frequently Asked Questions about No Win No Fee
What happens if I lose my no win no fee claim?
If we are unsuccessful in obtaining a recovery for you, our no win no fee promise means you owe us zero in attorney fees. You will not receive a bill for the hundreds of hours our Board-Certified attorneys and staff spent on your file. This is the “risk-free” guarantee that allows Floridians to stand up to giant insurance companies without fear of financial ruin.
How do I choose a reliable no win no fee attorney?
Not all no win no fee lawyers are created equal. When searching for representation in Trinity or Wesley Chapel, look for these three things:
- Board Certification: Only the top 2% of Florida attorneys are Board-Certified in Civil Trial law. This is the highest level of evaluation by the Florida Bar.
- Experience: Look for a firm with a long track record. Our team has over 100 years of combined experience.
- Direct Access: Many large “settlement mills” will pass your case off to a paralegal. At Carey Leisure Carney, you get direct access to your attorney.
For more tips, check out our guide on how to choose a lawyer.
Conclusion
The no win no fee promise is our commitment to the people of Florida. It ensures that justice isn’t a luxury reserved for the wealthy. At Carey Leisure Carney, we take the financial risk so you don’t have to. With Board-Certified expertise and a deep-rooted presence in Clearwater, St. Petersburg, and the surrounding areas, we provide the high-level representation you need with the personalized service you deserve.
If you or a loved one has been injured, don’t let the fear of legal fees stop you from getting help. Contact us today for a free consultation. We don’t get paid unless you do.
Ready to start your journey toward recovery? Speak with a Personal Injury Attorney at Carey Leisure Carney today.