Connecticut's Real Sliding-Scale Fee Cap, in Context

A handful of states cap personal injury contingency fees. Fewer still use a scale that actually declines as the recovery grows — Connecticut is one of them.

Connecticut: a genuine, tiered statutory cap

Under Connecticut General Statutes § 52-251c, personal injury, wrongful death, and property damage contingency fees are capped on a declining scale: 33.3% of the first $300,000, stepping down through 25%, 20%, and 15% tiers, to 10% on anything above $1.2 million.

How this differs from a flat-rate cap state

Michigan, by contrast, applies a single 33.33% ceiling regardless of how large the settlement is. Under a flat cap, the dollar amount of the fee simply scales proportionally with the recovery. Under Connecticut's declining scale, the effective percentage actually falls as the settlement grows — a $5 million recovery nets an effective rate around 13%, not 33.3%.

A genuinely unusual design nationally

Most states that cap contingency fees at all use a single flat percentage. A true multi-tier declining scale, like Connecticut's, is a rarer structure — shared by only a handful of other states, including New Jersey, which uses a comparable step-down approach on its own recoveries.

Why the declining structure exists

The stated purpose behind Connecticut's statute was to increase the share of a judgment or settlement that actually lands in the injured party's hands — particularly on larger recoveries, where a flat percentage would otherwise take an outsized dollar amount relative to the additional work a bigger case typically requires.

Still the exception nationally

Most states, including the majority covered across this site, leave the contingency fee percentage to private negotiation between attorney and client, subject only to a general reasonableness standard. Connecticut's statutory, tiered approach remains a genuine outlier — not the norm.

Connecticut's sliding-scale cap — frequently asked questions

Does Connecticut cap attorney contingency fees?

Yes, through a genuine statutory sliding scale under Connecticut General Statutes section 52-251c — 33.3% down to 10% as the recovery grows, applying to any personal injury, wrongful death, or property damage contingency fee case.

How does Connecticut's sliding scale differ from Michigan's flat cap?

Michigan applies a single 33.33% ceiling regardless of settlement size. Connecticut's rate actually declines as the recovery grows, so the effective percentage on a large settlement is meaningfully lower than on a small one.

Is Connecticut's declining sliding scale common among fee-capping states?

No, it's genuinely unusual. Most states that cap fees at all use a single flat percentage; a true declining multi-tier scale like Connecticut's is a rarer approach, shared with only a handful of other states like New Jersey.

Why did Connecticut adopt a declining scale instead of a flat cap?

The stated purpose was to increase the share of a judgment or settlement that the injured party actually receives, particularly on larger recoveries where a flat percentage would otherwise take an outsized dollar amount.

Is a statutory fee cap the norm or the exception nationally?

The exception. Most states leave the contingency fee percentage to private agreement between attorney and client, subject only to a general reasonableness standard — Connecticut is a genuine exception to that pattern.

This page provides general guidance only and is not legal advice. Figures are based on general US attorney fee practice and Connecticut General Statutes § 52-251c, verified per our methodology. Confirm how these rules apply to a specific claim with a licensed attorney in the relevant state before acting.