Illinois: How Contingency Fees Work, Cap Included

Outside medical malpractice, it's a negotiated promise. Inside it, a specific statutory ceiling applies — with its own rule for structured future payments.

The core promise: no recovery, no fee

A contingency fee means the attorney's fee is contingent — dependent — on actually winning or settling the case. If there's no recovery at all, the client generally owes no attorney fee, regardless of how much work went into the case.

What the agreement is legally required to say

Illinois Rules of Professional Conduct require a contingent fee agreement to be in writing, and the agreement should disclose whether different fee percentages apply at different stages of the case — for example, a lower rate if the case settles before a lawsuit is filed, and a higher one if it goes to litigation.

Outside medical malpractice: a negotiated rate

For an ordinary personal injury claim — a car accident, a slip and fall — Illinois sets no statutory percentage at all. The rate is whatever the attorney and client agree to, with around one-third being the common market figure.

Inside medical malpractice: a real statutory ceiling

735 ILCS 5/2-1114 caps the contingent fee for a plaintiff's attorney in a medical malpractice case at 33⅓% of all sums recovered. Unlike the ordinary PI space, this is a hard statutory ceiling, not a private negotiation — an agreement above that rate simply isn't enforceable for the excess.

A specific rule for structured future payments

The statute addresses a detail unique to medical malpractice awards: when damages are paid out as future periodic installments rather than a single lump sum, that stream of payments must be reduced to its present value before the 33⅓% fee is calculated. This keeps the cap tied to the real economic value of the recovery, rather than the larger nominal sum of every future payment added together.

How contingency fees work — frequently asked questions

What does "contingency" actually mean in an Illinois fee agreement?

It means the attorney's fee is contingent on winning or settling the case. If there's no recovery, the client generally owes no attorney fee at all.

What must a written contingency fee agreement state in Illinois?

Illinois Rules of Professional Conduct require contingency fee agreements to be in writing, and lawyers must disclose whether different percentages apply at different stages, such as before and after a lawsuit is filed.

What is Illinois's medical malpractice attorney fee cap?

735 ILCS 5/2-1114 caps the contingent fee for a plaintiff's attorney in a medical malpractice action at 33 1/3% of all sums recovered — a flat statutory ceiling.

How are future periodic payments treated under Illinois's medical malpractice fee cap?

They must be reduced to a lump-sum present value before the 33 1/3% fee is calculated, so the cap applies to that present-value figure rather than the larger nominal total of every future payment combined.

Is a contingency fee agreement negotiable in Illinois?

Outside medical malpractice, yes — the rate is set by private agreement. In medical malpractice, the agreement can set a rate at or below 33 1/3%, but not above it.

This page provides general guidance only and is not legal advice. Figures are based on 735 ILCS 5/2-1114 and Illinois Rules of Professional Conduct, verified per our methodology. Confirm your actual fee agreement with a licensed Illinois attorney before acting.