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, commonly 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 particular 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 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
A personal injury claim can move forward without paying 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.
What Our Clients Say
Verified Google reviews from clients represented by the firm across Miami-Dade and South Florida. See our full client testimonials page for more.
Posted on Google![]()
Sandra EiranovaTrustindex verifies that the original source of the review is Google.
I highly recommend this criminal defense attorney Andre A. Rouviere for his exceptional professionalism, attention to detail, and patience in handling my cousin’s case. From our very first interaction, he made me feel comfortable, safe, and confident that my cousin’s case was in capable hands. He took the time to listen carefully, explain the process, answer our questions, and address our concerns with patience and respect. His professionalism, dedication, and thorough approach gave me peace of mind during what could have been a very stressful experience. What impressed me most was the trust and confidence he inspired from the very beginning. I truly felt that we were being treated with care, respect, and genuine concern, rather than simply being another case. Finding an attorney, you can trust is extremely important, especially when dealing with a criminal matter, and I am grateful for the experience we had with him. I would absolutely recommend his services to anyone looking for a knowledgeable, professional, and trustworthy criminal defense attorney. The Law Office of Andre A. Rouviere in Coral Gables, Florida, is truly outstanding.Posted on Google![]()
Pilar AvilesTrustindex verifies that the original source of the review is Google.
Attorney Andre Rouviere has assisted me now twice! I am very grateful for the diligent efforts he made to help us out both times. Andre communicated clearly and helped us navigate throughout the legal process so we understood everything throughout. I will always call him whenever I need help again in the future and cannot recommend him enough.Posted on Google![]()
Eddy's Dogs aka Eddy's K9 RescueTrustindex verifies that the original source of the review is Google.
Absolutely recommend this law firm. They handled my case and I was amazed at the attention and information I got. I highly recommend them and will be using their services again.Posted on Google![]()
Carlos ZaldivarTrustindex verifies that the original source of the review is Google.
Andre is an exceptional lawyer. Andre represented me in a civil case and did an exceptional job when I was told not to bother with a suit. Andre succeeded, and I got my money back. I send all my friends to AndrePosted on Google![]()
Bob RTrustindex verifies that the original source of the review is Google.
Andre has represented me, my family and friends on several legal matters. He is always available to provide sound, practical advice and more than willing and able to fight for you when necessary. It’s reassuring to have a qualified, experienced lawyer in my corner to protect me and my interests when I need it.
Owner's reply
Bob, thank you. Clients who return and who send their family and friends give me the highest compliment. I’m grateful for your confidence and I’m always here if you need me.Posted on Google![]()
Phil GlatzerTrustindex verifies that the original source of the review is Google.
As an attorney, I have often referred my clients to André for legal work that I myself cannot handle and everyone has always been very satisfied with his representation. I highly recommend him.
Owner's reply
Thanks Phil. A referral from a colleague who knows the work means a great deal to me. I take every case you send my way seriously, and I’m glad the clients were well served.Posted on Google![]()
Pedro CarreraTrustindex verifies that the original source of the review is Google.
I can always count on him. An honest lawyer.
Owner's reply
Thanks Pedro.Posted on Google![]()
Gabriel HernandezTrustindex verifies that the original source of the review is Google.
Extremely quick and efficient . My ticket was handed and I didn’t have to worry about it once. His staff is also super helpful giving multiple updates on the status
Owner's reply
It's great to hear you were pleased. We are happy we were able to take the burden off your shoulders and resolve your issue for you.Posted on Google![]()
Andrew VarelaTrustindex verifies that the original source of the review is Google.
An amazing attorney who gives every case the care and attention it deserves. His attention to detail is exceptional, and it’s clear that he takes pride in his work and truly cares about his clients. I highly recommend him to anyone looking for a dedicated, thorough, and attentive attorney!
Owner's reply
I really appreciate that Andrew. Thank you.
