Florida Attorney Fee and Net Settlement Calculator

An ordinary Florida personal injury case has no fee cap at all — but in medical malpractice, voters wrote a real limit directly into the Florida Constitution. See your real net below.

No fee cap outside medical malpractice FigureMyTax Editorial Team Free · no sign-up

What would you actually keep?

Enter your settlement amount, your attorney's fee percentage, case costs, and any medical lien still outstanding.

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What you take home
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No cap at all, unless it's medical malpractice

Outside medical malpractice, Florida imposes no statutory cap on the contingency fee percentage — the fee is set entirely by private agreement between attorney and client. 33.3%, or one-third, is a commonly used figure.

Medical malpractice: a limit written into the Constitution itself

This is where Florida is genuinely unlike almost every other state. In 2004, Florida voters approved Article I, Section 26 of the Florida Constitution — the "Medical Liability Claimant's Compensation Amendment." It guarantees that a claimant in a medical liability case must receive at least 70% of the first $250,000 in damages and at least 90% of anything above that, meaning the attorney's fee is capped at 30% of the first $250,000 and 10% of the balance. Because this limit sits in the Constitution, not a statute, the legislature can't simply repeal or adjust it — changing it would require another constitutional amendment.

A real, documented waiver option

A client can knowingly and voluntarily waive this constitutional protection in writing, after the attorney discloses the provision and the client's right to seek representation elsewhere. Some Florida attorneys do ask clients to waive the limit in complex cases, though doing so gives up a right the Florida Constitution specifically guarantees.

What else comes out before you do

Case costs — expenses the attorney typically advances during litigation, like expert witness fees, filing fees, and the cost of gathering medical records — are generally reimbursed from the settlement. If Medicare, Medicaid, or a private health insurer has an outstanding lien for medical treatment related to the injury, that amount is also repaid before you receive your net share.

Florida attorney fees & net settlement — frequently asked questions

Does Florida cap the attorney contingency fee percentage in a personal injury case?

Not in an ordinary personal injury case. Florida caps contingency fees only in medical malpractice (medical liability) claims, under a provision written directly into the Florida Constitution.

What is Florida's constitutional fee cap for medical malpractice cases?

Under Article I, Section 26 of the Florida Constitution, a claimant must receive at least 70% of the first $250,000 in damages, and at least 90% of any amount above that — meaning the attorney's fee is capped at 30% of the first $250,000 and 10% above that.

Can a Florida medical malpractice client waive this constitutional fee limit?

Yes. A client can knowingly and voluntarily waive the protections of Article I, Section 26 in writing, after the attorney discloses the provision and the client's right to seek other counsel.

What comes out of a Florida settlement besides the attorney's fee?

Case costs — expenses like expert witness fees, filing fees, and record-gathering costs the attorney advanced — and any outstanding medical lien also come out before you receive your net amount.

Is this Florida net settlement estimate exactly what I'll receive?

No. It's an estimate based on the figures you enter and common contingency fee practice. Your actual fee agreement, any waiver, case costs, and any lien amount should be confirmed directly with your attorney.

This calculator provides an estimate for general guidance only and is not legal advice. Figures are based on common Florida contingency fee practice and Article I, Section 26 of the Florida Constitution, verified per our methodology. Confirm your actual fee agreement and net recovery with a licensed Florida attorney before acting.