Where Kansas Stands Among States With Fee Caps

Kansas sets no specific ceiling on personal injury attorney fees at all — relying entirely on the general reasonableness standard that governs every type of legal fee.

No specific cap, in any type of personal injury case

Kansas doesn't write a specific percentage ceiling into any statute governing personal injury or wrongful death attorney fees — including medical malpractice. The sole governing standard is the general reasonableness requirement of Kansas Rule of Professional Conduct 1.5(a), the same provision that applies to every type of legal fee in the state.

A genuine contrast with states that write in a number

Compare this to a state like Illinois, which caps medical malpractice attorney fees at a flat 33⅓%, written directly into statute. Kansas has no equivalent provision for any type of personal injury claim — the percentage is set entirely by private agreement, reviewed only against the general reasonableness standard if it's ever challenged.

The practical effect is smaller than it sounds

Despite having no specific ceiling, Kansas contingency fees in practice cluster in a familiar 33% to 40% range — driven by market competition among attorneys and the general reasonableness standard, rather than a statutory number. The absence of a specific cap doesn't translate into dramatically different fees than states that do write one in.

A separate issue from Kansas's 2019 damages ruling

It's worth being clear that Hilburn v. Enerpipe, which struck down Kansas's noneconomic damages cap in 2019, addressed what a plaintiff can recover — not what an attorney can charge. Attorney fees are governed entirely separately, by the Rules of Professional Conduct, and were untouched by that decision.

Kansas's approach is actually the more common one

Nationally, most states rely on a general reasonableness standard for personal injury contingency fees, with a specific statutory percentage cap being the exception rather than the rule — usually reserved for medical malpractice specifically. Kansas's uncapped approach, in that sense, is closer to the national norm than the states that have written in a number.

Kansas's fee structure — frequently asked questions

Does Kansas cap personal injury attorney fees the way some other states do?

No. Kansas sets no statutory percentage ceiling on contingency fees in personal injury cases, relying solely on the general reasonableness standard of Rule of Professional Conduct 1.5(a).

How does this compare to a state like Illinois, which caps medical malpractice fees at 33 1/3%?

Illinois writes a specific numeric ceiling into its medical malpractice statute. Kansas has no equivalent statute capping attorney fees in any type of personal injury case, including medical malpractice.

Does the absence of a fee cap affect what Kansas plaintiffs actually keep?

Not dramatically in practice, since reasonableness review and market competition among attorneys still constrain typical rates to a familiar 33% to 40% range, similar to states with no specific cap.

Did Kansas's 2019 damages cap ruling also affect attorney fees?

No. Hilburn v. Enerpipe addressed the cap on a plaintiff's own damages award, not attorney fees, which are governed separately by the Rules of Professional Conduct.

Is an uncapped approach like Kansas's common among states?

Yes, it's actually the more common approach nationally. Most states rely on a general reasonableness standard for personal injury contingency fees, with specific percentage caps the exception rather than the rule, usually reserved for medical malpractice.

This page provides general guidance only and is not legal advice. Figures are based on general US attorney fee practice and Kansas Rule of Professional Conduct 1.5, verified per our methodology. Confirm how these rules apply to a specific claim with a licensed attorney in the relevant state before acting.