1st DCA Says Statutory Cap on Attorney Fees Applies per Issue, not per Claimant

Florida's statutory cap on attorney fees does not limit an attorney to collecting only 10% of the benefits secured for the life of a claim after the $10,000 threshold is reached, the 1st District Court of Appeal ruled last week. In a case of first impression, the court said that the payment scheme set out in Florida Statutes Section 440.34 contemplates that there may be more than one claim filed per claimant. The statute caps attorneys’ fees at 20% of the first $5,000 in benefits secured, 15% of the next $5,000 and 10% of any amount secured in excess of the initial $10,000, for the...