No cap at all, unless it's medical malpractice
Outside medical malpractice, Delaware imposes no statutory cap on the contingency fee percentage — the fee is set entirely by private agreement between attorney and client. 33.3%, or one-third, is a commonly used figure.
Medical malpractice is the real exception
Under 18 Del. C. § 6865, Delaware does cap contingency fees — but only in claims against a health care provider for medical negligence. The limit is 35% of the first $100,000 of damages, 25% of the next $100,000, and 10% of any balance above that. Notably, the damages themselves remain fully uncapped in a Delaware medical malpractice case — it's only the attorney's fee that's limited, not what you can recover.
What else comes out before you do
Case costs — expenses the attorney typically advances during litigation, like expert witness fees, filing fees, and the cost of gathering medical records — are generally reimbursed from the settlement. If Medicare, Medicaid, or a private health insurer has an outstanding lien for medical treatment related to the injury, that amount is also repaid before you receive your net share.