Florida Contingency Fee Guide: Percentages and Rules

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Personal Injury Guide

How Do Contingency Fees Work in Florida?

No fee unless money is recovered, and how Florida's contingency fee rules work for personal injury and civil cases.

Last reviewed: August 2026

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Fee agreements have real limits. It is worth confirming any contingency fee agreement matches Florida's percentage caps and disclosure requirements, covered in detail below, since a fee above the legal maximum would be a Bar rule violation.
The Basics Fee Percentages Special Situations Each Stage of a Case Quick Answers
The Basics

What a Contingency Fee Means

The attorney is paid a percentage of what is recovered, not an hourly rate or a flat fee paid upfront.

1

No upfront cost

Nothing is owed to start a case or to have it evaluated.

2

Percentage of the recovery

The fee is a set percentage of the settlement or judgment, not an hourly rate.

3

No recovery, no fee

If the case does not result in a settlement or judgment, no attorney fee is owed.

4

Costs handled separately

Case costs, such as filing fees or expert witness fees, are addressed in the written fee agreement and are distinct from the attorney's fee.

Contingency fees are not permitted in criminal cases under Florida Bar ethics rules, since a criminal case ends in outcomes like a conviction or dismissal that cannot ethically be tied to a percentage fee. Criminal defense matters, including criminal defense representation, are billed as a flat fee or hourly rate instead.
Fee Percentages

What Florida Law Allows

Florida Bar Rule 4-1.5(f) sets maximum contingency fee percentages on a sliding scale based on the amount recovered.

1

Up to $1 million, settled before an answer is filed

33 1/3 percent of the recovery.

2

Up to $1 million, settled after an answer is filed or at trial

40 percent of the recovery.

3

$1 million to $2 million

30 percent of that portion.

4

Above $2 million

20 percent of that portion.

Example: on a $1.5 million recovery settled after a lawsuit is filed, the fee is 40 percent of the first $1 million ($400,000) plus 30 percent of the remaining $500,000 ($150,000), for a total fee of $550,000.

Special Situations

When the Standard Rules Don't Apply

Medical malpractice and cases involving a minor follow different rules than the standard personal injury schedule.

1

Medical malpractice: a constitutional protection

Florida's Constitution, under Article I, Section 26, guarantees a medical malpractice claimant no less than 70 percent of the first $250,000 in damages recovered. A client can waive this protection in writing to use the standard injury fee schedule instead, but the attorney has an affirmative obligation to explain that choice clearly first.

2

$15,000 or less, no lawsuit filed

No court approval required for a minor's settlement.

3

$15,000 or less, lawsuit already filed

Court approval required.

4

$15,000 to $50,000

Court approval required.

5

Over $50,000

Court approval required, typically with a formal guardianship of the minor's property.

The court's role is to confirm the settlement, including the attorney's fee, is in the minor's best interest.

Each Stage of a Case

What to Expect Along the Way

From a case that is not won, to the financial close of one that is.

1

If the case is not successful

No attorney fee is owed. Responsibility for case costs, such as filing fees and expert witness fees, depends on the specific terms of the written agreement, since some agreements have the attorney absorb these costs on an unsuccessful case while others do not.

2

If you switch attorneys mid-case

A client can end representation with any attorney at any time. Under Rosenberg v. Levin, 409 So. 2d 1016 (Fla. 1982), a discharged attorney can generally seek the reasonable value of work already performed, capped at the original contract amount and payable only if the case is later resolved successfully by new counsel.

3

Before signing

The agreement must be in writing, and the attorney must provide a Statement of Client's Rights for Contingency Fees. Clients have a three-business-day period after signing during which the agreement can be canceled. See our page on what it costs to hire a lawyer in Miami for the larger picture.

4

At the end of a successful case

Florida requires a written closing statement itemizing all costs, expenses, and the fee received. Both attorney and client sign it, and the attorney must retain it, along with the fee agreement, for six years, available for the client to inspect.

Quick Answers

Frequently Asked Questions

How does a contingency fee work?+
A contingency fee means an attorney is paid a percentage of whatever is recovered through settlement or judgment, rather than an hourly rate or a flat fee paid upfront. There is no upfront cost, and no attorney fee is owed if there is no recovery. Personal injury and civil matters are commonly handled this way.
Does the Law Offices of Andre A. Rouviere work on contingency?+
Yes, for personal injury and civil matters. Criminal defense matters work differently, since contingency fees are not permitted in criminal cases under Florida Bar rules.
What percentage does Florida law allow for contingency fees?+
Florida Bar Rule 4-1.5(f) caps contingency fees at 33 1/3 percent of recovery up to $1 million if the case settles before the defendant files an answer, or 40 percent if it settles after an answer is filed or goes to trial. Between $1 million and $2 million, the maximum is 30 percent of that portion, and above $2 million it is 20 percent.
Does the contingency fee percentage change once a lawsuit is filed?+
Yes. The lower percentage applies to cases resolved before the defendant formally responds to the complaint. Once an answer is filed or the case proceeds toward litigation, the maximum allowable percentage increases.
What happens if a personal injury case is not successful?+
No attorney fee is owed. The financial risk of an unsuccessful outcome falls on the attorney, not the client, under a contingency arrangement.
Why can't contingency fees be used in criminal cases?+
Florida Bar ethics rules do not permit contingency fee arrangements in criminal defense matters, since a criminal case ends in outcomes like a conviction, dismissal, or sentence that the rules do not allow an attorney to be paid a percentage of. Criminal defense representation is billed as a flat fee or hourly rate instead.
Is the contingency fee cap different for medical malpractice cases?+
Yes. Florida's Constitution, under Article I, Section 26, guarantees a medical malpractice claimant no less than 70 percent of the first $250,000 in damages recovered, capping the standard attorney fee below what applies to other personal injury cases. A client can waive this protection in writing to use the standard injury fee schedule instead.
Who pays case costs if the case is not won?+
This is separate from the attorney's fee, which is waived entirely if there is no recovery. Responsibility for case costs depends on the specific terms of the written fee agreement, and should be addressed clearly before signing rather than assumed.
Can I switch attorneys during a contingency case?+
A client has the right to end representation with any attorney at any time. If an attorney is discharged before the case concludes, Florida law under Rosenberg v. Levin generally allows that attorney to seek payment for the reasonable value of work already performed, capped at the original contract amount and payable only if the case is eventually resolved successfully by new counsel.
What is required at the end of a successful case?+
Florida requires the attorney to prepare a written closing statement itemizing all costs, expenses, and the fee received once a case concludes with a recovery. Both the attorney and the client sign it, each keeps a copy, and the attorney must retain it for six years and make it available for the client to inspect.
Does a personal injury settlement for a minor need court approval?+
Often, yes. Under Fla. Stat. § 744.387, a settlement of $15,000 or less generally does not require court approval if no lawsuit has been filed, but does require it once a lawsuit is filed. A settlement between $15,000 and $50,000 requires court approval, and one exceeding $50,000 typically requires both court approval and a formal guardianship of the minor's property.
What has to happen before signing a contingency fee agreement?+
The agreement must be in writing and signed by both the client and the attorney, spelling out the fee percentage and how costs are handled. Clients also have a three-business-day period after signing during which the agreement can be canceled.
Ready When You Are

No Fee Unless You Recover

The decision to pursue a personal injury claim does not have to wait on the ability to pay legal fees upfront.

See our Personal Injury page for the types of cases handled on this basis, and our Statute of Limitations guide for how much time a claim has. Consultations are free and confidential, with no obligation to retain.

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