(The information on this site applies to Florida only)

Most malpractice cases are handled on a contingency fee basis, which means that you only have to pay the attorney a fee for his services if he obtains a recovery for you, either by settlement or trial.  If he does not obtain a recovery, you owe him nothing for his services. Under almost all circumstances you will have a written contract with your lawyer that spells out the details of the attorneys' fee agreement. The exact percentage charged will vary from state to state and region to region because of differences in state laws, bar regulations, and custom. Probably the average fee is between thirty percent (30%) and forty percent (45%) of the recovery.  Keep in mind that there may be restrictions on the maximum a lawyer may charge, but there is no minimum required fee.  If your case is good enough and the damages are big enough you may be able to negotiate for a lower fee than normally charged.  Beware though, there are considerable differences between the skills and experiences of lawyers.   Ask yourself, "if I needed brain surgery would I want the guy giving discounts on brain surgery this week, or would I want the best?" Remember, a contingency fee lawyer is completely free to you until there is a recovery and a top notch lawyer has a better chance of getting a top dollar recovery for your injury.  If you lose the case it makes no difference if the fee was going to be forty (40%) or ten percent (10%).  You will recover nothing.      

The Florida Supreme Court and the Florida Bar have adopted a maximum fee schedule that attorneys are permitted to charge in contingency fee cases. Generally speaking, contingency fees may not exceed 40% of the first $1 million, 30% of the amounts recovered between $1 million and $2 million, and 20% of all amounts over $2 million.  If an appeal is filed the fee may rise 5% more.  There are other limitations, exceptions, and special circumstances where this may vary. The Florida Bar has also adopted a Statement of Client's Rights, which must be followed by any attorney handling a case on a contingency fee. The primary Florida Bar Rule on contingent fees is Rule 4-1.5, Florida Rules of Professional Conduct. 

In November 2004, the doctors in Florida paid millions of dollars to collect signatures and place on the state election ballot a proposal to amend the state constitution to limit attorneys fees in medical malpractice cases to 30% of the first $250,000 of a recovery, and 10% of all amounts recovered over that.  This proposed amendment was called "Amendment 3."  Virtually every major newspaper editorial board in Florida recommended that voters reject Amendment 3, because it was a trick.  These doctors were not interested in helping patients make more money when they sued them.  Doctors after all want to eliminate malpractice suits not encourage them.  What they were really after was to make it nearly impossible for patients to find good lawyers who could afford to take on their case at such reduced attorneys fees.  Click here to read what the editorial boards were saying.  In spite of what the newspapers warned, the voters approved amendment 3. 

Since then many people have been unable to find lawyers to represent them in malpractice cases.  Our firm will still take cases, but sometimes we feel we can do it for the limited fee, and sometimes we will have the client sign a waiver of these fee limits and agree to the higher sliding scale fee described two paragraphs above.