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: September 2026
Frequently Asked Questions
How does a contingency fee work?+
Does the Law Offices of Andre A. Rouviere work on contingency?+
What percentage does Florida law allow for contingency fees?+
Does the contingency fee percentage change once a lawsuit is filed?+
What happens if a personal injury case is not successful?+
Why can't contingency fees be used in criminal cases?+
Is the contingency fee cap different for medical malpractice cases?+
Who pays case costs if the case is not won?+
Can I switch attorneys during a contingency case?+
What is required at the end of a successful case?+
Does a personal injury settlement for a minor need court approval?+
What has to happen before signing a contingency fee agreement?+
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. See our post on whether this firm works on contingency for a direct answer.
No upfront cost
Nothing is owed to start a case or to have it evaluated.
Percentage of the recovery
The fee is a set percentage of the settlement or judgment, not an hourly rate.
No recovery, no fee
If the case does not result in a settlement or judgment, no attorney fee is owed.
Costs handled separately
Case costs, such as filing fees or witness fees, are addressed in the written fee agreement and are distinct from the attorney's fee.
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.
Up to $1 million, settled before an answer is filed
33 1/3 percent of the recovery.
Up to $1 million, settled after an answer is filed or at trial
40 percent of the recovery.
$1 million to $2 million
30 percent of that portion.
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.
When the Standard Rules Don't Apply
Medical malpractice and cases involving a minor follow different rules than the standard personal injury schedule.
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.
$15,000 or less, no lawsuit filed
No court approval required for a minor's settlement.
$15,000 or less, lawsuit already filed
Court approval required.
$15,000 to $50,000
Court approval required.
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 appropriate for the minor.
What to Expect Along the Way
From a case that is not won, to the financial close of one that is.
If the case is not successful
No attorney fee is owed. Responsibility for case costs, such as filing fees and 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.
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.
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 for the larger picture.
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.
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, our Statute of Limitations guide for how much time a claim has, and our Areas We Serve page for where the firm practices. Consultations are free and confidential, with no obligation to retain. See our posts on what happens at a free consultation and what not to tell an attorney.
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