Florida: How Contingency Fees Work, Constitution Included

Outside medical malpractice, it's a negotiated promise. Inside it, Florida voters themselves wrote the limit into the state's founding document.

The core promise: no recovery, no fee

A contingency fee means the attorney's fee is contingent — dependent — on actually winning or settling the case. If there's no recovery at all, the client generally owes no attorney fee, regardless of how much work went into the case. This holds true across every type of Florida personal injury case.

Outside medical malpractice: a negotiated rate

For an ordinary personal injury claim — a car accident, a slip and fall — Florida sets no statutory percentage at all. The rate is whatever the attorney and client agree to, with 33.3% being the common market figure.

Inside medical malpractice: voters wrote the cap themselves

This is where Florida is genuinely unlike most states. In 2004, a citizen ballot initiative created Article I, Section 26 of the Florida Constitution, guaranteeing a medical liability claimant 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. This didn't come from the legislature; it came directly from Florida voters.

Why the constitutional source genuinely matters

Because this limit is part of the Constitution rather than an ordinary statute, the Florida Legislature can't simply vote to repeal or adjust it the way it could a regular fee statute. Changing Article I, Section 26 would require another constitutional amendment, approved directly by voters — a meaningfully higher bar than ordinary legislation.

A real disclosure requirement, and a real waiver path

Florida Bar rules require an attorney taking a medical liability case on contingency to provide the language of Article I, Section 26 to the client in writing, and to explain orally that the client has a right to seek representation from another attorney willing to accept the case under the constitutional limit. A client can knowingly and voluntarily waive the protection in writing — but it's a genuine waiver of a constitutional right, not a routine administrative step.

How contingency fees work — frequently asked questions

What does "contingency" actually mean in a Florida fee agreement?

It means the attorney's fee is contingent on winning or settling the case. If there's no recovery, the client generally owes no attorney fee at all.

How did Florida's medical malpractice fee cap come to exist?

Florida voters approved it directly in 2004 through a citizen ballot initiative, creating Article I, Section 26 of the Florida Constitution — rather than the legislature passing an ordinary statute.

Why does it matter that the cap is constitutional rather than statutory?

Because the Florida Legislature cannot simply repeal or adjust a constitutional provision the way it can an ordinary statute. Changing Article I, Section 26 would require another constitutional amendment, approved by voters.

Does a Florida attorney have to tell a client about the constitutional fee limit?

Yes. Florida Bar rules require an attorney handling a medical liability contingency fee case to provide the language of Article I, Section 26 to the client in writing and explain it orally, including the client's right to seek other counsel.

Is a contingency fee agreement negotiable in Florida?

Outside medical malpractice, yes — the rate is set by private agreement. In medical malpractice, the agreement can set a rate at or below the constitutional cap, or the client can knowingly waive the cap in writing.

This page provides general guidance only and is not legal advice. Figures are based on Article I, Section 26 of the Florida Constitution, verified per our methodology. Confirm your actual fee agreement with a licensed Florida attorney before acting.