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Attorneys' Fees

Florida has declared that attorneys' fees in excess of the following amounts are presumed unreasonable:
  1. In cases that settle before filing an answer or appointing an arbitrator, 33 1/3 percent of any recovery up to $1,000,000, 30 percent of any recovery between $1,000,000 and $2,000,000, and 20 percent of any excess over $2,000,000.
  2. In cases that settle subsequently or go to trial, 40 percent of any recovery up to $1,000,000, 30 percent of any recovery between $1,000,000 and $2,000,000, and 20 percent of any excess over $2,000,000.
  3. In cases in which liability is admitted and only damages are contested, 33 1/3 percent of any recovery up to $1,000,000, 20 percent of any recovery between $1,000,000 and $2,000,000, and 15 percent of any excess over $2,000,000.

In cases that are appealed an extra 5 percent over what is otherwise allowed.

Other Florida Medical Malpractice FAQs

  • Q: Arbitration
    A: Florida does not require that medical malpractice actions be referred to an arbitrator, although judges are authorized to refer cases to non­binding arbitration. … More
  • Q: Contributory Or Comparative Negligence
    A: Florida adheres to the pure form of comparative negligence.
  • Q: Collateral Source Rule
    A: Florida has held that the court must reduce a claimant's damages by the amounts paid to the claimant from collateral sources. However, the court must also receive … More
  • Q: Contribution
    A: Florida has held that joint tortfeasors are afforded a right of contribution with the exception of a settling tortfeasor, who is not entitled to contribution from a … More
  • Q: Damage Caps
    A: Punitive damages in excess of three times the claimant's compensatory damages are presumed to be unreasonable, and the court must order a remittitur unless it … More
  • Q: Expert Testimony
    A: A claimant must include a verified written medical expert opinion corroborating that there are reasonable grounds to believe that each named defendant was negligent. … More
  • Q: Immunities
    A: The State of Florida and its counties, municipalities, and other political subdivisions does not enjoy sovereign immunity. The statutory waiver of immunity is limited … More
  • Q: Joint And Several Liability
    A: In any action for professional negligence accruing on or after July 1, 1986, wherein damages exceed $25,000, liability is apportioned among the defendants on the basis … More
  • Q: Patient Compensation Funds And Physician Insurance
    A: Florida has established two patient compensation funds: The Florida Birth­Related Neurological Injury Compensation Plan, which is the exclusive means of obtaining … More
  • Q: Periodic Payments
    A: The court must order that any future economic damages in excess of $250,000 be made as periodic payments upon request from any party. The court may require security … More
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