Where New Hampshire Stands Among States With Fee Caps

No flat percentage ceiling — instead, New Hampshire triggers court review once a settlement crosses $200,000, in any personal injury case.

A dollar threshold instead of a percentage ceiling

Illinois caps medical malpractice attorney fees at a flat 33⅓%, written directly into statute — a percentage ceiling that applies the same way regardless of case size. New Hampshire takes a different approach entirely under RSA 508:4-e: rather than fixing a percentage, it requires court approval of the fees and costs once a settlement or judgment reaches $200,000 — in any personal injury case, not just malpractice.

Why this is a genuinely different kind of check

A percentage cap constrains the rate itself before negotiation even starts. New Hampshire's rule instead leaves the percentage to ordinary reasonableness review under Rule 1.5, but adds a mandatory court sign-off once the recovery gets large enough to matter most — a size-triggered check rather than a rate-triggered one.

A real percentage cap that didn't survive

New Hampshire did once have an actual percentage-based fee limit for medical malpractice contingency fees, written into RSA chapter 507-C. But that entire chapter — fee limits included — was declared unconstitutional and non-severable in Carson v. Maurer (1980), the same ruling that struck the chapter's $250,000 damages cap. The fee-limit text technically remains in the state code, but it has carried no legal force for decades.

Consistent with New Hampshire's broader pattern

This fits a larger pattern in New Hampshire tort law: a genuine, sustained judicial resistance to rigid statutory ceilings, whether on damages or on fees. Three separate damages caps fell to constitutional challenges between 1980 and 1999, and the one fee-limit statute that might have survived alongside them went down with the first of those rulings.

New Hampshire's fee structure — frequently asked questions

Does New Hampshire cap attorney fees with a flat percentage like Illinois does?

No. New Hampshire has no flat percentage cap written into current, enforceable statute. Instead, it requires court approval of fees once a settlement or judgment reaches $200,000, in any personal injury case.

How is a dollar-threshold court-approval rule different from a percentage cap?

A percentage cap limits the rate itself, regardless of case size. New Hampshire's rule instead triggers extra scrutiny based on the size of the recovery, leaving the actual percentage to reasonableness review rather than a fixed ceiling.

Did New Hampshire ever have a true percentage cap on malpractice fees?

Yes — RSA chapter 507-C once set specific percentage limits for medical injury contingency fees, but the entire chapter was struck down as unconstitutional in Carson v. Maurer (1980) and has not been enforceable since.

Does New Hampshire's approach to fees mirror its approach to damages caps?

In spirit, yes — both areas show a state that has moved away from rigid statutory ceilings. Damages caps were struck down as unconstitutional three times since 1980, and the one remaining fee-limit statute has been unenforceable since the first of those rulings.

Is New Hampshire's court-approval threshold common among states?

A court-approval mechanism tied to case size, rather than to malpractice claims specifically, is less common nationally than either a flat percentage cap or a malpractice-only review requirement.

This page provides general guidance only and is not legal advice. Figures are based on RSA 508:4-e and Carson v. Maurer, 120 N.H. 925 (1980), verified per our methodology. Confirm how current rules apply to a specific claim with a licensed attorney in the relevant state before acting.