You’ve Been Hurt. How do fees work?
If a medical error changed your life, cost should not be a barrier to answers. Our firm handles medical malpractice on a contingency fee: no hourly bills, no retainer; we’re paid a percentage of the recovery, and only if we win.
What “contingency fee” means in Florida (plain English)
No win, no attorney’s fee. You owe no attorney’s fee unless there’s a recovery. Your written contract controls how case costs are handled (see below). Florida requires the contract to state the exact percentages and whether expenses are deducted before or after the fee is calculated.
Florida Bar Constitutional client right cap (med mal only). Florida’s Constitution gives the client at least 70% of the first $250,000 and 90% of any portion over $250,000 in a medical liability claim; effectively capping a lawyer’s fee at 30%/10%; unless the client knowingly waives that right.
The Florida Senate
Lawful waiver (the common path). Florida Bar rules provide a specific waiver form and process so a client may choose the standard injury schedule (often 33⅓% to 40% depending on stage), and the rules require judicial approval only if a proposed fee would exceed the schedule’s “presumed reasonable” limits. We’ll go over this in writing and at your pace.
What about costs?
Medical negligence cases are expert intensive and expensive. Typical out of pocket case costs include expert fees, records, depositions, and filings.
We advance costs. Our firm advances litigation expenses. If there’s a recovery, costs are repaid from the recovery before or after the fee; exactly as your contract specifies (we show you a sample closing statement up front). No disbursement happens until you sign the closing statement.
If there’s no recovery. Florida ethics rules allow costs we advance to be repayable only if you win. Our written agreement spells this out so there are no surprises.
Transparency you can see: At the end of every contingency matter, Florida requires a written closing statement showing the outcome, the fee calculation, all costs, and your net recovery. You sign off. Florida Bar
Why clients sometimes waive the constitutional cap
The med mal cap in Article I, §26 is a client right, not a mandate. Many families elect the standard injury schedule (often 33⅓% to 40%) because complex malpractice cases require multiple specialty experts, years of work, and trial readiness, and the constitutional cap can make it impractical for experienced counsel to take (or fully develop) a case. Florida’s Supreme Court approved a Bar rule and specific waiver form so clients can make this choice knowingly and voluntarily. You’ll get the waiver in writing, with the right to say no.
Who signs the contract (and why it matters)
If more than one lawyer or firm will share responsibility (for example, local and trial counsel), each participating lawyer must sign the contingency fee contract, and you must consent in writing. That way, everyone on your team is jointly responsible to you.
Our commitment
Free case review. We’ll explain fees, costs, and options; including the constitutional cap and the waiver, before you decide.
Written clarity. Your contract will show percentages, how costs are handled, and a sample closing statement.
Client first alignment. We don’t get paid a fee unless you do.
Frequently asked questions
What percentage is typical in Florida med mal? If a client keeps the constitutional cap, the lawyer’s fee is effectively 30% of the first $250,000 and 10% above that. If a client signs the Bar’s waiver, firms commonly use the standard injury schedule (often 33⅓% to 40% depending on stage), as permitted by Rule 4 1.5. We’ll walk through the exact numbers in writing.
Do I owe costs if we lose? Your fee contract controls. Florida ethics rules allow costs we advance to be repayable only if there’s a recovery; many firms structure cost repayment that way. We’ll spell it out.
When are costs deducted; before or after the fee? Florida requires the contract to say which method is used. We show you the math in your engagement documents and again on the closing statement before any funds are disbursed.
Can I change my mind after I sign? Florida’s contingency fee rules include a Statement of Client’s Rights and a 3 business day cooling off period for contingency contracts, so you can reconsider early. We provide the Bar’s statement with every agreement.
Will a judge have to approve the fee? Only if a proposed fee would exceed the Bar’s “presumed reasonable” schedule. Otherwise, the constitutional waiver form plus your written fee contract is sufficient.
Governing Florida Statutes & Case Law
Florida Constitution, Art. I, §26 (Claimant’s Right to Fair Compensation) — 70%/90% client share unless waived.
Florida Bar Rule 4 1.5(f) — What the contract must say, closing statement requirement, client rights, and the contingency fee schedule.
Supreme Court approval of the waiver process — Waiver of the constitutional cap by informed client choice.
Rule 4 1.8(e) — Lawyers may advance costs; repayment may be contingent on the outcome.
Attorney Bio: Jorge L. Flores, Florida Bar No. 53244, has been representing families in Miami Dade for over 30 years.
Attorney advertising note: This page is general information, not legal advice. Hiring a lawyer is an important decision that should not be based solely upon advertisements.