Florida — Contingency Fee Rules
Florida has the most detailed contingency fee regulation of any US state, with a Bar-prescribed sliding scale. The 2023 tort reform (HB 837) significantly changed the litigation landscape, reducing the statute of limitations to two years and adopting a 51% bar comparative fault system.
How Are Contingency Fees Regulated in This State?
Direct Answer: Florida regulates contingency fees under Rule 4-1.5 of the Rules Regulating The Florida Bar. Standard fees scale with recovery: 33⅓% up to $1M pre-answer, 40% post-answer. HB 837 (2023) reformed tort law extensively, but contingency fee structures remain governed by the Bar's sliding-scale rule.
Florida Bar Rule 4-1.5(f)(4)(B) establishes a detailed sliding scale for contingency fees that is "presumed reasonable." The standard schedule is:
- 33⅓% of any recovery up to $1 million if no lawsuit is filed
- 40% of any recovery up to $1 million after filing through trial
- 30% of recovery from $1 million to $2 million (no lawsuit)
- 30% of recovery from $1 million to $2 million (through trial)
- 20% of any recovery exceeding $2 million
Attorneys may charge a different fee, but the agreement must clearly state the deviation and the client must be informed of the Bar schedule. In medical malpractice cases, a 2004 constitutional amendment (Article I, § 26) caps attorney fees at 30% of the first $250,000 and 10% thereafter.
Statute of Limitations
| Claim Type | Deadline | Authority |
|---|---|---|
| Personal Injury (negligence) | 2 years (post-HB 837) | Fla. Stat. § 95.11(5)(a) |
| Medical Malpractice | 2 years / 4-year repose | Fla. Stat. § 95.11(5)(c) |
| Wrongful Death | 2 years | Fla. Stat. § 95.11(5)(e) |
| Product Liability (personal injury) | 4 years / 12-year repose | Fla. Stat. §§ 95.11(3)(d), 95.031(2) |
| Property Damage | 4 years | Fla. Stat. § 95.11(3)(g) |
| Government Entity | 3-year notice + 180-day wait | Fla. Stat. § 768.28 |
Florida's limitations statute was renumbered after the 2023 tort-reform act — some subsections cited elsewhere as (3) or (4) for these claim types now sit under (5). Always check the current text at the link below rather than an older citation.
Florida-Specific Considerations
2023 Tort Reform (HB 837): This landmark legislation changed Florida from a pure comparative negligence state to a 51% bar modified comparative fault system. It also reduced the general negligence statute of limitations from four years to two years.
No-fault auto insurance: Florida is a no-fault state requiring Personal Injury Protection (PIP) coverage of at least $10,000. To step outside the no-fault system and sue the at-fault driver, the injury must meet the "serious injury" threshold: significant or permanent loss of a body function, permanent injury, significant scarring, or death.
Medical malpractice pre-suit: Florida requires a 90-day pre-suit investigation period (Fla. Stat. § 766.106) before filing a medical malpractice lawsuit, during which both sides exchange information and conduct informal discovery.
Frequently Asked Questions
What is the standard contingency fee in Florida?
What is the statute of limitations for personal injury in Florida?
Does Florida have tort reform caps?
What is Florida's comparative fault rule?
Are contingency fees in Florida regulated by the Bar?
You May Also Be Interested In
Personal Injury
Contingency fee guide for PI claims
Read moreMedical Malpractice
Malpractice fee caps and pre-suit
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Auto accident contingency claims
Read moreWhat Is a Contingency Fee?
Complete contingency fee explainer
Read moreCalifornia
California contingency fee rules
Read moreNew York
New York fee regulations
Read moreWhere this applies: This page covers Florida. Other states set their own rules.
Sources for this page
Every rule stated above is based on the primary sources below. Each link goes to the legislation, court rule or regulator itself so you can check it. Last verified 17 September 2026.
- Rules Regulating The Florida Bar, Rule 4-1.5 (fees and costs)
Rule 4-1.5(f)(4)(B) sets the contingency fee schedule presumed reasonable.
- Florida Bar News — Florida Supreme Court holds medical malpractice non-economic caps unconstitutional
Estate of McCall v. United States (wrongful death) and North Broward Hospital District v. Kalitan (personal injury). Section 766.118 caps are not enforceable.
- Fla. Stat. § 95.11 (limitations) · in force from 24 March 2023
HB 837 (2023) reduced the general negligence limitation period from four years to two.
- Fla. Stat. § 768.28 (sovereign immunity — presentment of claims)
A claim against a Florida state agency or subdivision must be presented in writing within three years — the same period as the general negligence limitation, not shorter. But suit cannot be filed until the agency denies the claim or 180 days pass, whichever is first — a waiting requirement, not a shorter deadline.
- ABA Model Rule 1.5 (Fees)
Model, not law. Each state adopts its own version. Rule 1.5(d) bars contingency fees in most domestic relations matters and in criminal defence.
Who wrote and checked this page
- Written and published by
- Edward & Amaury Solicitors (Edward & Amaury Ltd, company no. 12195443), regulated by the Solicitors Regulation Authority under no. 800525.
- Legal review
- This page has not yet been through independent legal review. It is written from the primary sources listed below, which you can check directly.
- Review dates
- Last reviewed 17 September 2026. Next review due 17 March 2027.
Fee rules change. California’s medical malpractice fee limits changed on 1 January 2023, and the QOCS rules in England and Wales changed on 6 April 2023. If you spot something out of date, tell us — we publish corrections.