Florida personal injury contingency fees provide access to legal representation for many in the state who couldn’t otherwise afford to pursue claims. These arrangements allow attorneys to collect fees only if they successfully recover compensation for their clients.

Regulatory Framework

Florida’s approach to contingency fees is governed by Rule 4-1.5 of the Florida Bar Rules of Professional Conduct. This rule establishes specific guidelines and limitations on these arrangements. Unlike many states, Florida sets maximum percentages attorneys can charge based on case type and recovery amount.

The Florida Courts have established standard contingency fee agreements that serve as templates for compliant arrangements. These standardized forms help ensure transparency and fairness while protecting clients from excessive fees.

Fee Structure Limitations

The maximum contingency fees in Florida personal injury and wrongful death cases follow a sliding scale:

33.33% of any recovery up to $1 million
30% of any portion between $1 million and $2 million
20% of any portion exceeding $2 million

For cases that settle before filing a lawsuit or when the defendant admits liability, lower maximums apply:

33.33% of any recovery up to $1 million if settled before filing suit
20% when liability is admitted and only damages are contested

Medical Malpractice Considerations

In medical malpractice cases, Florida applies stricter limitations. Maximum fees are:

30% of the first $250,000 recovered
10% of any amount exceeding $250,000

However, attorneys can petition the court for higher fees in exceptional cases requiring extraordinary efforts.

“For cases that settle before filing a lawsuit or when the defendant admits liability, lower maximums apply…”

Written Agreements

All contingency fee arrangements in Florida require signed, written agreements. These agreements must clearly explain:

The fee percentages
Which expenses will be deducted from the recovery
Whether expenses are deducted before or after calculating the attorney’s percentage
The client’s right to cancel the agreement within 3 business days

Client Rights and Protections

Florida’s regulatory framework provides several protections for clients entering contingency fee arrangements. Clients retain the right to terminate representation at any time, though they may still owe for work already performed.

Cases involving insurance claims, additional consumer protections may apply. Insurers must provide notice of the insured’s right to negotiate attorney fees in certain situations.

Cost Considerations

Beyond attorney fees, cases typically involve additional costs. These may include:

Court filing fees
Expert witness fees
Medical record costs
Deposition expenses
Investigation costs

The Florida Bar requires clear disclosure of how these costs will be handled. Some firms advance these costs and deduct them from the final recovery, while others require clients to pay costs as they occur.

Benefits and Limitations

Contingency arrangements provide clear benefits for clients who couldn’t otherwise afford representation. The attorney assumes the financial risk of the case, aligning the lawyer’s interests with obtaining the best possible outcome for the client.

However, these arrangements may not be available for all case types. Contingency fees are most common in:

Personal injury cases
Medical malpractice claims
Product liability suits
Employment discrimination cases
Some business litigation

Divorce, criminal defense, and simple will preparation typically don’t qualify for contingency arrangements under Florida law.

Personal Injury at South Florida Law

At South Florida Law, we understand that the aftermath of an injury can bring significant financial strain. That’s why our personal injury attorneys work exclusively on a contingency fee basis. This arrangement means you won’t pay any upfront costs or hourly fees for our legal services. Instead, our payment comes as a percentage of your settlement or court award only if we successfully resolve your case.

This approach aligns our interests directly with yours—we only succeed when you do. You can pursue justice and fair compensation without the added stress of legal bills piling up during your recovery. With South Florida Law, you truly have nothing to lose and potentially much to gain. Contact us today for a free consultation, and let us shoulder the legal burden while you focus on what matters most: your health and wellbeing.

If you have been injured in an accident, or a loved one has recently died in an accident due to the negligence of others, contact us today for a free case evaluation by calling (954) 900-8885 or via our contact form.