§ 5/2-1114 Contingent fees for attorneys in medical malpractice actions

Codes > Illinois Compiled Statutes > Chapter 735 > Act 5 : Article II > Part 11 : 5/2-1114 Contingent

§ 2-1114. Contingent fees for attorneys in medical malpractice actions.

    (a) In all medical malpractice actions the total contingent fee for plaintiff's attorney or attorneys shall not exceed the following amounts:

    33 1/3 % of the first $150,000 of the sum recovered;

    25% of the next $850,000 of the sum recovered; and

    20% of any amount recovered over $1,000,000 of the sum recovered.

    (b) For purposes of determining any lump sum contingent fee, any future damages recoverable by the plaintiff in periodic installments shall be reduced to a lump sum value.

    (c) The court may review contingent fee agreements for fairness. In special circumstances, where an attorney performs
extraordinary services involving more than usual participation in time and effort the attorney may apply to the court for approval of additional compensation.

    (d) As used in this Section, “contingent fee basis” includes any fee arrangement under which the compensation is to be determined in whole or in part on the result obtained.