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.