In Florida, a personal injury lawyer typically takes 33⅓% of a settlement reached before a lawsuit is filed, and 40% if the case has to be litigated through a verdict. Those percentages apply to the first $1 million recovered and step down on a sliding scale above that amount. Medical malpractice cases follow a stricter formula written into the Florida Constitution. The percentage is only part of the picture, though, because case costs and medical liens also come out of your settlement before you see a check.
The Standard Contingency Fee Tiers
Rule 4-1.5 of the Rules Regulating The Florida Bar sets the maximum percentages a lawyer can charge without seeking court approval. Anything higher is presumed excessive. The rate depends on when your case resolves and how much is recovered.1The Florida Bar. Florida Rules of Professional Conduct – Chapter 4, Rule 4-1.5(f)(4)(B)
- Pre-suit settlement, before the defendant files an answer: 33⅓% of the first $1 million, 30% of amounts between $1 million and $2 million, and 20% of anything above $2 million.
- After a lawsuit is filed, through judgment: 40% of the first $1 million, 30% between $1 million and $2 million, and 20% above $2 million.
- Cases where all defendants admit liability and only damages are in dispute: 33⅓% of the first $1 million, 20% between $1 million and $2 million, and 15% above $2 million.
- Appeals or post-judgment collection work: an additional 5% on top of the applicable tier.
The sliding scale matters more than it looks. On a $500,000 pre-suit settlement, your lawyer earns $166,667. On a $1.5 million recovery at the same stage, the fee is $333,333 on the first million plus $150,000 on the next $500,000 — $483,333 instead of the $500,000 a flat 33⅓% rate would produce. The bigger the recovery, the more the tiered rule saves you.
The Medical Malpractice Exception
If your case involves medical malpractice, forget the percentages above. Article I, Section 26 of the Florida Constitution guarantees that a claimant receives at least 70% of the first $250,000 recovered and 90% of everything beyond that, after reasonable costs are deducted. Translated into attorney share, that caps the lawyer at 30% of the first $250,000 and 10% of anything above $250,000.2FindLaw. Florida Constitution Art. I, Section 26
These caps apply whether the case settles quickly or goes through a full trial, and no matter how many defendants are involved. A client can waive the cap by signing a notarized waiver confirming they understand the constitutional right and voluntarily agree to a higher percentage. Lawyers sometimes ask for a waiver in cases that are unusually complex or carry significant financial risk. You are never required to sign one, and declining should not affect whether an attorney takes your case.
What Else Comes Out of Your Settlement
The contingency percentage covers the lawyer’s time. It does not cover the expenses of actually running the case, and it does not cover what you may owe to medical providers or insurers who paid for your treatment. Both come out of your settlement separately, which is why your net check is often much smaller than the percentage math suggests.
Case Costs
Filing a lawsuit in Florida circuit court alone costs up to $395 for claims of $50,000 or less, $900 for claims between $50,000 and $250,000, and $1,900 for claims of $250,000 or more.3Florida Senate. 2025 Florida Statutes Section 28.241 Beyond filing fees, common expenses include:
- Expert witnesses such as treating physicians, accident reconstructionists, and economists, who routinely charge several thousand dollars per case. In medical malpractice, expert costs can reach well into five figures.
- Court reporter fees, deposition transcripts, and videography, where a single transcript can run several hundred dollars.
- Service of process on each defendant, typically $40 to $150.
- Private mediation, where mediators generally charge $100 to $500 or more per hour and sessions often last half a day or longer.
Most attorneys advance these costs and recoup them from the settlement at the end. Some bill you as they arise. Your written agreement should say which approach applies, and should also address whether you owe reimbursement if the case produces no recovery. In many contingency arrangements you do not, but some contracts say otherwise.
Medical and Insurance Liens
Medical providers, health insurers, and government programs often hold legal claims against your settlement for treatment they already paid for. These liens get satisfied before you receive what remains.
If Medicaid paid for injury-related treatment, Florida law gives the Agency for Health Care Administration an automatic lien for the full amount it spent. The statutory formula deducts attorney fees (calculated at 25% for Medicaid purposes, regardless of your actual fee arrangement) and taxable costs, then sends half of what remains to the agency, up to the total benefits Medicaid paid.4The Florida Senate. 2025 Florida Statutes Section 409.910
Private health insurance can also demand reimbursement through subrogation. Employer-sponsored plans governed by the federal Employee Retirement Income Security Act (ERISA) are the most aggressive, because federal law overrides Florida’s consumer protections. ERISA plans can require dollar-for-dollar repayment before you receive anything, and Florida’s “made-whole” doctrine, which normally prevents an insurer from collecting until you’ve been fully compensated, generally does not apply to these plans. Hospital liens and other provider liens must also be addressed before distribution. Negotiating these down is one of the most valuable things an attorney does in the settlement process.
Fee Calculation: Gross or Net?
Two attorneys quoting the same percentage can produce different outcomes depending on when the percentage is applied. On a $500,000 settlement with $50,000 in case costs, a 33⅓% fee calculated on the gross recovery is $166,667. The same percentage calculated on the net recovery after costs is $150,000. That $16,667 difference comes directly out of your pocket.
Your written fee agreement must specify which approach applies. Read that clause carefully before you sign, and ask the lawyer to walk you through a sample calculation.
What a Florida Fee Agreement Must Contain
Florida requires every contingency fee arrangement to be in writing and signed by both the client and the attorney. The agreement has to spell out the percentage the lawyer will take at each stage, what litigation expenses will be charged, and whether those expenses are deducted before or after the fee is calculated.5The Florida Bar. Florida Rules of Professional Conduct – Chapter 4, Rule 4-1.5(f)(1)
Before you sign, your attorney must give you a copy of the Florida Bar’s “Statement of Client’s Rights,” which outlines your right to ask questions about fees, to negotiate terms, and to have any fee dispute resolved through arbitration. Both you and your lawyer sign that statement. If a second attorney or firm will share in the fee, the contract must say so, you must consent in writing, and each participating attorney assumes joint responsibility for the work.6The Florida Bar. Florida Rules of Professional Conduct – Chapter 4, Rule 4-1.5(f)(2) and (f)(4)(C)
When the case ends, the attorney must give you a written closing statement showing the total recovery, the fee, every deduction, and the net amount going to you. Compare it line by line against your original contract. That is where math errors and disputes surface.
Can You Negotiate the Percentage?
The percentages in Rule 4-1.5 are ceilings. Everything beneath them is negotiable, and attorneys will sometimes agree to a lower rate.
Your leverage depends on the case. Clear liability and high value give you the most room to negotiate, because a reduced percentage still produces a substantial fee for the lawyer. Cases with weak facts, disputed liability, or modest damages give attorneys less flexibility, because they are taking on more risk for a smaller potential recovery.
When you discuss the agreement, confirm the trigger points that would move your case from the pre-suit rate to the litigation rate, who bears advanced costs if there is no recovery, and whether the fee is calculated on the gross or the net. Ask these questions before you sign. A lawyer who gets defensive about fee transparency is a lawyer you probably don’t want handling your case.