In most parts of the United States, each party to litigation pays for their own attorney's fees, whether they win or lose. This is known as the "American Rule." However, in Florida, the rules are different.
The Florida state legislature has passed a law that shifts the burden for paying for your own attorney's fees to the other party under certain circumstances.
Specifically, if a defendant files a Proposal for Settlement which is not accepted by the plaintiff, the defendant is entitled to recover costs and attorney’s fees from the date of filing of the offer if the judgment is less than 75% of the Proposal. If a plaintiff files a Proposal for Settlement which is not accepted by the defendant and the plaintiff recovers a judgment in an amount at least 25 greater than the Proposal, then then plaintiff is entitled to recover costs and attorney’s fees from the date of the filing of the demand.
Since how a judge or jury may rule after a trial in a particular case is often unpredictable, we have developed the LegalFeeGuard program. The program is designed to take this worry away, so you can focus on the merits of your case. The program also provides a ready source of funds to satisfy any valid claims made pursuant to the Proposal for Settlement statute after a trial, making it easier to collect.
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