When a family loses a loved one due to someone else's negligence, the last thing they should have to worry about is whether they can afford a lawyer. Fortunately, wrongful death attorneys in Florida — like most personal injury attorneys — work on a contingency fee basis.

Here is what that means and what to expect.

A contingency fee means the attorney only gets paid if you win — either through a settlement or a court verdict. If the case does not result in a recovery, you owe no attorney's fee.

This arrangement makes legal representation accessible to families regardless of their financial situation. You do not need to pay anything upfront to hire a wrongful death attorney.

Florida Bar rules and Florida statutes regulate attorney fees in personal injury and wrongful death cases. Typical contingency fees are:

These percentages are guidelines, not fixed rules. The actual fee is negotiated between the attorney and the client and set out in a written fee agreement.

Florida has specific fee limitations for medical malpractice wrongful death cases. The sliding scale limits fees as the recovery amount increases:

• 30% of the first $250,000 recovered
• 10% of any amount over $250,000

These limits apply to cases against healthcare providers and are designed to ensure that a larger share of the recovery goes to the family.

Attorney fees and case costs are different things. Case costs are the expenses of investigating and litigating the case — and they can be substantial in wrongful death cases.

Common case costs include:

• Medical record retrieval fees
• Expert witness fees (medical experts, accident reconstructionists, economists)
• Court filing fees
• Deposition costs (court reporter, transcript)
• Investigator fees
• Mediation fees

In most contingency fee arrangements, the attorney advances these costs and is reimbursed from the settlement or verdict. The fee agreement should specify whether costs are deducted before or after the attorney fee is calculated — this affects the net amount the family receives.

Example:

• Settlement: $500,000
• Attorney fee (33.3%): $166,500
• Case costs: $30,000
• Family receives: $303,500

Before signing a contingency fee agreement, make sure you understand:

1. The fee percentage at each stage of the case
2. How costs are handled — advanced by the attorney or paid as incurred
3. Whether costs are deducted before or after the fee is calculated
4. What happens if the case is lost — typically no fee, but costs may still be owed depending on the agreement
5. Whether the fee is negotiable — in some cases, particularly high-value cases, fees may be negotiated

The contingency fee system aligns the attorney's interests with the family's. The attorney only gets paid if the family recovers — and the more the family recovers, the more the attorney earns. This creates a strong incentive for the attorney to maximize the recovery.

It also means families do not need to choose between pursuing justice and paying their bills. A family that has just lost a breadwinner cannot typically afford to pay an attorney $400 per hour. The contingency fee system removes that barrier.

• What is your contingency fee percentage?
• How are case costs handled?
• Are costs deducted before or after the fee?
• What is your experience with wrongful death cases in Florida?
• What is your assessment of the strength of this case?
• What is the realistic range of recovery?

Juan Cordero Lawyers handles Wrongful Death Lawyer Florida cases throughout Florida on a contingency fee basis — no fee unless we recover for your family. Call 305.525.8957 for a free, compassionate consultation — available 24 hours a day, 7 days a week. We serve families in Miami, Fort Lauderdale, Martin County, and across South Florida.