Morgan and Morgan is a personal injury firm with offices in Miami and across Florida
Morgan and Morgan operates as a personal injury law firm with a significant presence in Miami and throughout Florida. The firm handles cases involving car accidents, slip-and-fall injuries, wrongful death, and other personal injury claims. If you are considering whether to contact them or any personal injury attorney, understanding what they do, how they work, and what questions to ask will help you make a clearer decision about representation.
This guide explains what personal injury firms typically do, what to look for when evaluating any firm, and the kinds of questions that matter when you are deciding whether to hire representation for an injury claim.
Key Takeaways
- Personal injury firms typically work on contingency, meaning they take a percentage of your settlement or judgment rather than charging upfront fees.
- Before hiring any firm, you should understand their fee structure, how they communicate, and whether they have experience with your specific type of injury or accident.
- The size and reputation of a firm does not determine whether it is the right fit for your case — what matters is whether they handle your type of claim and whether you trust their approach.
- You have the right to interview multiple firms before deciding, and most personal injury attorneys will discuss your case at no cost during an initial consultation.
How personal injury firms charge for representation
Most personal injury firms, including large practices like Morgan and Morgan, work on a contingency fee basis. This means the firm does not charge you an upfront fee. Instead, they take a percentage of the money you recover — either through a settlement with the other party's insurance company or through a judgment if your case goes to trial.
The percentage varies by firm and by the type of case. Personal injury contingency fees in Florida typically range from 25 to 40 percent of the recovery, depending on whether the case settles before trial or requires litigation. You should ask any firm you contact what their specific percentage is and whether it changes if the case goes to trial rather than settling.
You are also responsible for costs associated with your case — things like court filing fees, informed witness fees, medical record requests, and investigation expenses. Some firms advance these costs and deduct them from your recovery. Others ask you to pay them as they arise. This is an important detail to clarify before you hire representation.
What to evaluate when choosing a personal injury attorney
The size of a firm or its advertising presence does not tell you whether it is right for your case. What matters is whether the firm has experience with your specific type of injury or accident, how they communicate with clients, and whether you feel confident in their approach.
Start by asking whether the firm regularly handles cases like yours. If you were injured in a car accident, ask how many car accident cases they handle each year and what their typical settlement or judgment range is. If your injury involves a specific type of accident — a motorcycle crash, a pedestrian hit-and-run, a commercial truck collision — ask whether they have handled similar cases. Experience with your type of claim matters because the law, the evidence, and the negotiation strategy differ significantly between accident types.
Ask also about communication. How often will you hear from the firm? Who will be your main contact — a partner attorney, an associate, or a paralegal? Will the same person handle your case from start to finish, or will it move between team members? Some people prefer working with a large firm because they have resources and staff; others prefer a smaller firm where they know their attorney personally. Neither is objectively better — it depends on what you need.
Questions to ask during an initial consultation
Most personal injury attorneys offer a free initial consultation. Use this time to ask specific questions about how they work and what they think about your case. Write down your questions beforehand so you do not forget them in the moment.
Ask what they think your case is worth based on what you have told them. They cannot may provide an outcome, but they should be able to give you a realistic range based on similar cases. Ask what they think the biggest challenge in your case is — if they say there are no challenges, that is a red flag. Every case has obstacles, and an honest attorney will name them.
Ask how long they think your case will take. Personal injury cases can settle in a few months or take years if they go to trial. Ask whether they prefer to settle or whether they are willing to go to trial if necessary. Ask what happens if you disagree with a settlement offer — do they have to follow your decision, or can they settle without your approval? (The answer should be that you have final say over any settlement.)
Ask for references — other clients they have represented in cases similar to yours. A firm should be willing to provide at least a few names of people you can contact.
Red flags when evaluating any personal injury firm
Avoid any firm that guarantees a specific outcome or settlement amount. No attorney can may provide what a jury will do or what an insurance company will offer. If someone promises a certain result, that is a sign they are not being honest about how the legal system works.
Be cautious of firms that pressure you to sign a representation agreement when ready or that discourage you from talking to other attorneys. You have the right to shop around. A reputable firm will let you take time to decide.
Watch for vague answers about fees and costs. You should have a written fee agreement that spells out exactly what percentage the firm takes, what happens to costs, and what you owe if the case does not result in a recovery. If a firm is unclear or evasive about money, that is a reason to look elsewhere.
Be skeptical of firms that focus heavily on their size, their advertising, or their reputation rather than on your specific case. What matters is whether they can help you, not how many commercials they run.
Understanding the personal injury claim process
If you hire a personal injury attorney, here is roughly what happens. First, you and your attorney gather information about the accident — police reports, medical records, witness statements, photographs. Your attorney sends a demand letter to the other party's insurance company describing your injuries and the costs you have incurred.
The insurance company responds with an offer, usually lower than your demand. Your attorney negotiates with the insurance company's lawyer. This back-and-forth can take weeks or months. If you reach an agreement, you sign a settlement release, the insurance company pays, your attorney takes their fee and deducts costs, and you receive the remainder.
If you cannot reach a settlement, your attorney files a lawsuit in court. Discovery happens next — both sides exchange documents and take depositions (recorded statements under oath). Many cases settle during or after discovery once both sides understand the strength of the other's position. If settlement does not happen, the case goes to trial, a jury hears evidence, and they decide whether the other party is liable and how much to award you.
How to decide whether you need a personal injury attorney at all
Not every injury claim requires a lawyer. If you were injured in a minor accident, your medical bills are small, and the other party's insurance company is offering a reasonable amount, you may be able to handle the claim yourself by negotiating directly with their adjuster.
You should consider hiring an attorney if your injuries are serious, your medical bills are substantial, you are missing work, the other party disputes fault, or the insurance company is offering far less than your actual costs. You should also hire an attorney if you are unsure about the value of your claim or if the other party's insurance company is being difficult or slow to respond.
The cost of hiring an attorney — their contingency fee — should be weighed against what you might recover on your own. If the insurance company is offering $5,000 and your injuries are minor, paying an attorney 33 percent of that ($1,650) might not make sense. If your injuries are serious, your medical bills are $50,000, and the insurance company is offering $15,000, hiring an attorney who might negotiate $40,000 or more makes financial sense even after their fee.
Frequently Asked Questions
Can I switch attorneys if I am unhappy with my current representation?
Yes. You can fire your attorney and hire someone else, though you should do it in writing. Your new attorney will need to file a motion with the court to withdraw the old attorney and enter as your new counsel. If your case has not settled, this usually does not cause major delays. Be aware that if you owe your first attorney money for costs they advanced, you may still owe that even after you switch.
What if the insurance company denies my claim entirely?
If the insurance company says they will not pay because they believe the other party is not liable, your attorney can file a lawsuit. This moves your case into the court system, and a jury will decide who was at fault. This is one reason having an attorney matters — they can take your case to trial if necessary, whereas negotiating on your own with a company that has already said no is very difficult.
How long does a personal injury case usually take?
straightforward cases with clear liability and minor injuries can settle in three to six months. Cases involving serious injuries, disputed fault, or high damages often take one to three years, especially if they go to trial. Your attorney should give you a realistic timeline based on the specifics of your case during your initial consultation.
Do I have to accept a settlement offer my attorney recommends?
No. You have final decision-making power over any settlement. Your attorney can advise you on whether an offer is reasonable, but you are not required to accept it. If you and your attorney disagree strongly about whether to settle, that may be a sign the relationship is not working.
What happens if I lose at trial?
If a jury finds that the other party is not liable, you receive nothing, and you owe nothing to your attorney under a contingency fee arrangement. You may still owe costs that were advanced during the case, depending on your fee agreement. This is why understanding your fee agreement upfront is important.