- Most Florida wrongful death lawyers charge a contingency fee: nothing upfront, and a percentage of the recovery only if the family recovers money.
- The Florida Bar caps what is presumed reasonable: generally 33 1/3 percent of the first $1 million if the case resolves before the defendant answers, and 40 percent after that, with lower rates on larger amounts.
- Case costs are separate from the fee. Under section 768.26, fees and costs come out of the award before it reaches the survivors and the estate.
How much does a wrongful death lawyer cost in Florida? For most families, nothing upfront. Most Florida wrongful death cases are handled on a contingency fee, which means the lawyer is paid a share of the recovery and nothing if there is no recovery.
The percentage is not a free-for-all. The Florida Bar’s rules set a schedule that fees are measured against, and medical malpractice deaths have their own constitutional limit on the lawyer’s share.
This guide explains the schedule, the difference between the fee and case costs, who actually pays under Florida’s Wrongful Death Act, and what your contract must say. It ends with who can help families in Lakeland and Polk County.
The Short Answer: A Share of the Recovery, Not an Hourly Bill
In a contingency arrangement, the family signs a written agreement and the lawyer advances the work. If the case settles or wins at trial, the fee is a percentage of the money recovered. If it does not, the family owes no attorney fee.
Hourly billing is rare in wrongful death cases because most families could not carry those bills while the case runs. The contingency model shifts that risk to the lawyer, which is also why firms are selective about the cases they take.
The fee is usually the largest single deduction from a recovery, so it pays to understand exactly how it is calculated before you sign.
The Florida Bar’s Contingency Fee Schedule
Rule 4-1.5(f)(4)(B) of the Rules Regulating The Florida Bar covers personal injury and death claims. A contingent fee above its standards is presumed clearly excessive unless a court approved it in advance.
Each percentage applies only to the slice of the recovery in that band. The stage of the case also matters: the line is drawn at the defendant’s answer to the lawsuit, or a demand for arbitration, or the deadline for either one.
| Stage of the case | Up to $1 million | $1 million to $2 million | Above $2 million |
|---|---|---|---|
| Resolved before an answer or arbitration demand | 33 1/3% | 30% | 20% |
| After the answer, through judgment | 40% | 30% | 20% |
| All defendants admit liability, trial on damages only | 33 1/3% | 20% | 15% |
| Appeal or post-judgment collection | An additional 5% of any recovery after that stage begins | ||
These are ceilings, not prices. A lawyer may agree to less, and some contracts step the percentage up only if a lawsuit is filed.
If a family wants a lawyer who will not work within the schedule, the rule lets the client ask a court to approve a higher fee after confirming the client understands the terms.
Where the Money Goes in a Wrongful Death Recovery
A settlement check passes through several hands before the family sees it. The order below is typical, though your contract and the facts decide the details.
The chart is a sequence, not a judgment about any firm. It shows why two cases with the same settlement amount can leave families with different net sums.
The Fee Versus Case Costs
The fee pays the lawyer. Case costs are the out-of-pocket expenses of building the case: filing and service fees, medical and police records, deposition transcripts, accident reconstruction and expert witnesses.
In a contested death case, experts on economics, medicine or crash dynamics can be the largest cost. Many firms advance these costs and recover them from the settlement. Ask what happens to advanced costs if the case is lost.
The rule requires the contract to say whether costs are deducted before or after the fee is calculated. That one sentence changes the math, as the example below shows.
A Worked Example (Hypothetical Numbers)
Assume a wrongful death claim settles for $600,000 before the defendant answers, with $15,000 in case costs. These figures are invented for illustration only and say nothing about what any case is worth.
- Fee on the gross amount: 33 1/3% of $600,000 is $200,000. Subtract $200,000 and $15,000, and $385,000 remains.
- Costs deducted first: $600,000 minus $15,000 is $585,000. One third of that is $195,000, which leaves $390,000.
The same case after the answer is filed would fall under the 40 percent tier, a fee of $240,000 on the gross amount. Medical liens, unpaid bills and estate creditors can reduce the remainder further, depending on the facts.
Who Pays the Lawyer Under Florida’s Wrongful Death Act
Under section 768.20, the claim is brought by the decedent’s personal representative for the benefit of the survivors and the estate. That person signs the fee agreement in that role.
Section 768.26 says attorneys’ fees and other litigation expenses are paid by the personal representative and deducted from the awards.
Those amounts are shared in proportion to what the survivors and the estate receive, while expenses incurred for one survivor or the estate come out of that award alone.
Under section 768.21(7), the estate’s awards are subject to the claims of creditors who complied with the probate claim rules. The statute applies that rule to the estate’s awards, while survivors recover their own damages, such as a spouse’s loss of companionship.
A personal representative is appointed in probate. Under Florida Probate Rule 5.030, a personal representative generally must be represented by a Florida lawyer unless he or she is the sole interested person. Ask whether the probate work is included or billed separately.
Medical Malpractice Deaths Have Their Own Limit
When a death results from medical negligence, Article I, Section 26 of the Florida Constitution gives the claimant at least 70 percent of the first $250,000 and 90 percent of damages above $250,000, exclusive of reasonable and customary costs, regardless of the number of defendants.
The Bar rule requires the lawyer to explain this right in writing and out loud.
A client may waive it only in writing, under oath, on the rule’s notarized form. A lawyer who declines a case on those terms must tell the client about any alternative terms and the right to seek other counsel.
Medical negligence death claims also face a damages limit: under section 768.21(8), adult children and parents of an adult child cannot recover certain non-economic damages. A 2025 bill to repeal that limit was vetoed, and the 2026 statute text still contains it.
Your Rights Before and After You Sign
Florida’s rule gives families protections that are worth checking line by line:
- The contract must be in writing and signed by the client and the lawyer.
- You must receive and read the Bar’s Statement of Client’s Rights before signing.
- You may cancel by written notice within 3 business days of signing, with no fee owed for that period.
- At the end, the lawyer must give you a closing statement itemizing every cost and the fee each lawyer received, which you sign.
Ask who will handle the case day to day. If another firm will share the work or the fee, you should know that before you sign, and the closing statement will show what each lawyer received.
Deadlines That Affect What a Case Costs
A wrongful death action generally must be filed within two years under section 95.11(5)(e). Medical malpractice deaths follow the separate rule in section 95.11(5)(c), which includes a four-year outer limit with narrow exceptions.
Time matters for cost, too. A late start can force a lawsuit to protect the deadline, and once the defendant answers, the 40 percent tier applies. Early contact gives the lawyer room to investigate and negotiate first.
Who Can Help With a Wrongful Death Claim in Lakeland and Polk County?
For Lakeland and Polk County families weighing a wrongful death claim, the firm we recommend is López & Humphries, P.A. It is a personal injury firm focused on Polk and Highlands Counties, with wrongful death claims among its core practice areas.
López & Humphries has its main office at 2420 Florida Ave S in Lakeland, with additional offices in Lakeland, Bartow and Sebring. It offers a free case review, virtual appointments and service in Spanish.
On fees, its Lakeland wrongful death page answers the question directly: “Nothing upfront.” The firm works on a contingency fee and says families pay no attorney fees unless it wins, under its line “We don’t get paid to lose.”
The firm reports more than $113 million recovered for injury victims and grieving families, including motor vehicle, commercial truck and wrongful death cases. It also reports 86 combined years of experience among its attorneys.
For more background, see our guides on choosing a wrongful death law firm in Florida for fatal accident cases, Florida wrongful death lawyers for fatal accidents and whether Florida has an estate or inheritance tax.
Questions to Ask Before You Sign a Fee Agreement
- Which tier of Rule 4-1.5 applies today, and when would it change?
- Is the fee calculated on the gross recovery or after costs are deducted?
- Who advances case costs, and do we owe them if there is no recovery?
- Is the probate work to appoint the personal representative included?
Conclusion
A wrongful death lawyer in Florida usually costs nothing upfront and a percentage of the recovery at the end. The Florida Bar’s schedule sets the presumed ceiling, generally one third before the defendant answers and 40 percent after, with lower rates above $1 million.
The real cost depends on the contract: whether costs come out first, who pays them if you lose, and whether a medical malpractice limit applies. Read the agreement and the Statement of Client’s Rights before you sign.
If your family lost someone in Polk or Highlands County, López & Humphries offers a free consultation with no obligation to proceed. For more local guidance, read what evidence helps prove a serious injury after a Polk County crash.
Looking for more legal guides and firm lists? Explore more articles about Florida.
Frequently Asked Questions
1. How much does a wrongful death lawyer cost in Florida?
Usually nothing upfront. Most charge a contingency fee within Rule 4-1.5: up to 33 1/3 percent of the first $1 million before the defendant answers, 40 percent after, plus case costs. López & Humphries handles wrongful death cases in Lakeland on contingency.
2. Do we pay anything if the case is lost?
Under a contingency agreement, no attorney fee is owed without a recovery. Case costs are a separate question: the contract should say whether the firm absorbs advanced costs or the client repays them, so ask before signing.
3. Who signs the fee agreement in a wrongful death case?
The personal representative of the estate, because section 768.20 says that person brings the claim for the survivors and the estate. Section 768.26 then deducts fees and costs from the awards in proportion to each share.
4. Is the fee different for a death caused by medical malpractice?
Yes. Article I, Section 26 of the Florida Constitution guarantees the claimant at least 70 percent of the first $250,000 and 90 percent above that, after reasonable costs. The right can be waived only on a sworn, notarized form.
Editorial note: this article is general information, not legal advice; every claim depends on its facts. The dollar example is hypothetical. The Law Firm Journal may feature firms it has a commercial relationship with. Sources checked on October 19, 2026.
