What is a contingency fee and what percentage is normal?

You pay no attorney fee unless there's a recovery. The fee comes out of it as a percentage.

Florida caps the percentages by rule. A fee exceeding these is presumed clearly excessive unless rebutted:

Before an answer is filed — 33⅓% of any recovery up to $1 million, 30% between $1 million and $2 million, and 20% above $2 million.

After an answer is filed, through judgment — 40% up to $1 million, then the same 30% and 20% tiers.

Why it steps up. Once suit is filed and answered, the work and risk increase substantially.

Medical malpractice is different. Florida's Constitution guarantees a claimant a minimum share of the recovery. A client may waive that, but only through a specific written waiver with defined protections.

Two protections worth knowing about, covered in the next answers: a required Statement of Client's Rights, and a cooling-off period on the malpractice waiver.