Reviewed by Jorge L. Flores, Esq. · Law Offices of Jorge L. Flores, P.A. · Miami, Florida · Last Updated: March 2026
What Most People Assume
“No fee unless we win” means the case costs me nothing.
What Is Actually True
Your attorney advances $50,000 to $300,000 in hard costs on your behalf. Those costs are reimbursed from your recovery. If you lose, the firm absorbs the loss entirely.
The phrase “no fee unless we win” describes the attorney’s fee. It does not describe the tens or hundreds of thousands of dollars your firm spends to build the case. Medical records, expert physicians, court reporters, forensic economists, 3D medical animations, and trial technology are not free; someone pays for them. In our cases, the Law Offices of Jorge L. Flores, P.A., advances every dollar of that cost. You pay nothing out of pocket while the case is active. If we lose, we absorb the loss. But you deserve to understand where those dollars go and how they affect what you ultimately take home.
WHERE THE MONEY GOES: COST BY COST
$15,000 – $75,000+
Medical Expert Witnesses · Per Case
The single largest expense. Florida law requires a board-certified expert in the exact same specialty as the defendant to review your records, sign a sworn affidavit before the case can be filed, prepare for depositions, and testify at trial. Rates range from $300-$500/hour for record review to $500-$1,400/hour for trial testimony depending on specialty. Neurosurgeons and cardiologists command the highest premiums. If the case involves multiple defendants in different specialties, a separate expert is required for each.
Behind the Number
When a practicing surgeon agrees to testify, they cancel clinic hours or elective procedures. Their hourly legal rate compensates for the opportunity cost of stepping away from a lucrative medical practice, the intense preparation required to withstand cross-examination, and the professional risk of publicly criticizing a colleague. A birth injury case involving an obstetrician, a neonatologist, a pediatric neurologist, a life care planner, and a forensic economist can push the combined expert ledger past $100,000 before trial.
$10,000 – $60,000
Depositions · Per Case
Court reporters, transcript production, and legal videography for every deposition taken. A moderate case involves 5-10 depositions; complex cases with hospital liability, multiple specialists, and nursing staff may require 15-25. A single full-day deposition transcript costs $1,500-$2,100. Videography runs $100-$150/hour with two-hour minimums.
$5,000 – $50,000+
Trial Exhibits and Medical Animations · If Case Reaches Trial
If the case reaches trial, jurors must understand complex anatomy, surgical mechanisms, and disease progression. High-end 3D medical animations cost $30,000-$45,000+ for a one-minute production. “Day in the Life” documentaries showing the plaintiff’s daily struggles cost $2,500-$7,500. Trial technology (real-time exhibit presentation, projectors, enlargements) adds $2,000-$5,000 per week of trial. Studies show combined visual and oral presentation increases juror retention by up to 650%.
$5,000 – $15,000
Medical Records, Filing Fees, and Mediation · Cumulative
Record retrieval from hospitals at $1.00 per page (a single ICU stay can produce 5,000+ pages). Court filing fees ($400 base + summons + extension petitions). Process server fees ($65-$100 per defendant). Mediation ($300-$600/hour, typically split with defense; our share runs $2,000-$3,000 for a full day). Travel for out-of-state expert depositions. Specialized medical literature research.
The Short Version
A straightforward case that settles early costs $30,000-$75,000. A complex case with multiple defendants costs $75,000-$150,000. A catastrophic injury case that goes to trial costs $200,000-$400,000+. Your firm pays all of it upfront. You pay nothing while the case is active. These costs are reimbursed from the recovery if you win. If you lose, the firm absorbs the loss.
THE MATH: HOW COSTS AFFECT WHAT YOU TAKE HOME
This is the math most law firm websites never publish. Understanding it before you sign a retainer prevents the “settlement surprise” that frustrates patients who expected the gross number to be the check they receive. For a complete analysis of how damages themselves are calculated, see our types of compensation guide. For how case value is determined, see our case value page.
Worked Example: $1,000,000 Settlement
| Gross Settlement | $1,000,000 |
| Attorney Fee (40% post-waiver contingency) | – $400,000 |
| Advanced Litigation Costs (experts, depositions, exhibits) | – $120,000 |
| Medicaid/Medicare Lien (negotiated down from $140K) | – $80,000 |
| Private Health Insurance Subrogation | – $25,000 |
| Your Net Recovery | $375,000 |
This example assumes a standard 40% contingency fee (post-Amendment 3 waiver), $120K in advanced costs for a moderate-complexity case, and $105K in combined medical liens negotiated down to $80K. Actual numbers vary by case. The attorney fee percentage, cost reimbursement, and lien negotiation are all discussed transparently before the retainer is signed.
Why This Matters Before You Sign
A $1 million settlement does not mean a $1 million check. After the attorney fee, the cost reimbursement, and the medical liens, the patient in this example takes home $375,000. That is still a substantial recovery. But if the patient expected $1 million, the settlement feels like a loss. Every firm that operates with integrity shows you this math on the first call, not on the day the check arrives.
If you want to understand the full financial picture before you commit, contact the Law Offices of Jorge L. Flores, P.A. for a transparent consultation.
Inside Advantage
Costs do not just affect the total recovery; they drive the strategic decisions that determine whether you settle or go to trial. A case valued at $400,000 in settlement might have a theoretical trial value of $800,000. But rejecting the settlement to try the case guarantees an additional $150,000 in expert trial fees, animations, and courtroom technology. If the jury awards $800,000, the client wins. If the jury returns a defense verdict, the client receives nothing and the firm loses everything it invested. Before founding this firm, Attorney Flores watched defense teams exploit this cost pressure from the other side; knowing that plaintiff firms carrying $200,000 in advanced costs become increasingly desperate to settle as trial approaches, and using that desperation to suppress settlement offers. We manage costs aggressively from day one; negotiating flat-fee arrangements with experts where possible, consolidating depositions to reduce transcript volume, and making the settle-or-try decision based on the medical evidence rather than the financial pressure. The defense does not get to use our cost exposure as a negotiation weapon.
FULL TRANSPARENCY FROM THE FIRST CALL
The Law Offices of Jorge L. Flores, P.A., advances every dollar required to investigate and litigate your medical malpractice case. You pay nothing out of pocket. If we do not recover compensation, you owe nothing for the costs we advanced.
From our offices in Miami, Florida, we show you the full financial picture on the first call; including projected costs, the fee structure, anticipated lien exposure, and the realistic net recovery range. We believe the math should never be a surprise.
P.S. The reason most law firms do not publish their cost structure is not because the information is proprietary. It is because the numbers are large enough to discourage potential clients before the firm can explain how the economics actually work. We publish them because we believe informed clients make better decisions, and because the financial transparency builds the trust that survives a three-year litigation. Call the Law Offices of Jorge L. Flores, P.A., today; because you deserve to know the math before you sign, not after the settlement check arrives.
Related: Case Value Guide · Types of Compensation · Pre-Suit Requirements · Medical Malpractice Overview