No percentage cap, anywhere — today
Kentucky imposes no statutory percentage cap on contingency fees, in personal injury cases or medical malpractice cases alike. The governing standard is simply reasonableness, under Kentucky Supreme Court Rule 3.130(1.5)(a). Typical rates fall between 33% and 40% of the total recovery.
A sliding-scale cap nearly became law in 2018
Kentucky came close to joining the states that cap malpractice fees. Senate Bill 20 (2018) proposed a tiered structure modeled on other states' sliding scales: 35% of the first $100,000 recovered, 25% of the next $100,000, and 10% of anything beyond that. The bill passed the Senate 20–16 but died in committee without being enacted into law.
What the proposal would have changed
Under the proposed sliding scale, a larger recovery would have carried a progressively lower effective fee percentage — the opposite of a flat-rate agreement, where the percentage stays constant regardless of size. Since the bill never became law, Kentucky attorneys and clients remain free to negotiate whatever percentage they agree is reasonable, at any recovery size.
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.