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Attorneys' Fees

Florida has declared that attorneys' fees in excess of the following amounts are presumed unreasonable:

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.
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.
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