Pennsylvania: Where It Stands Among States With Fee Caps

Personal injury contingency fees stay uncapped in Pennsylvania — a notable pairing with the state's own constitutional ban on capping the underlying damages against private defendants.

A reasonableness-only state for fees

Compare Pennsylvania to a state like New York, which applies a hard statutory sliding scale to medical malpractice attorney fees specifically. Pennsylvania has no equivalent figure anywhere in its rules for any type of personal injury claim, including malpractice — the fee simply can't be clearly excessive under Rule 1.5, assessed case by case.

Two separate things that sound related but aren't

It's worth being clear that Pennsylvania's constitutional ban on capping damages against private defendants has nothing to do with attorney fees. Article III, Section 18 of the Pennsylvania Constitution addresses what a plaintiff can recover from a defendant; the attorney's own percentage fee remains governed entirely by Rule 1.5's reasonableness standard, a completely separate question.

A distinctive combination

Many states that leave personal injury attorney fees uncapped still allow some form of damages cap, at least for medical malpractice specifically. Pennsylvania's combination — no fee cap, and a constitutional-level prohibition on capping damages against private defendants — is distinctive precisely because both protections run in the plaintiff's favor at once, for different reasons and under different legal authorities.

A real cap, but only for workers' comp

Pennsylvania's one genuine statutory fee cap sits in a different corner of the law entirely: workers' compensation attorney fees are generally capped at 20% of a claimant's benefits. This is a completely separate framework from personal injury contingency fees, worth distinguishing clearly if a case involves both a workplace injury and a third-party personal injury claim arising from the same incident.

Pennsylvania's fee structure — frequently asked questions

Does Pennsylvania cap attorney fees in medical malpractice cases the way some states do?

No. Unlike states that write a specific percentage ceiling into statute for malpractice fees, Pennsylvania applies only the general Rule 1.5 reasonableness standard, with no fixed cap at all.

Does Pennsylvania's constitutional ban on damages caps extend to attorney fees?

No. Article III, Section 18 of the Pennsylvania Constitution addresses what a plaintiff can recover from a defendant — it says nothing about what an attorney can charge, which remains governed separately by Rule 1.5.

Is it unusual for a state to leave both damages and attorney fees uncapped the way Pennsylvania does for private defendants?

It's a distinctive combination — many states that leave personal injury fees uncapped still allow some form of damages cap, at least for medical malpractice, which makes Pennsylvania's constitutional-level protection against damages caps unusual alongside its ordinary fee rules.

Is Pennsylvania's uncapped approach to personal injury fees typical among states?

It's one of two common approaches nationally. Many states rely on a general reasonableness standard for personal injury contingency fees, while others, particularly for medical malpractice, write a specific percentage ceiling into statute.

Does Pennsylvania cap fees in any area of personal injury-adjacent law?

Yes — workers' compensation attorney fees are generally capped at 20% of a claimant's benefits, a separate statutory framework distinct from the Rule 1.5 standard governing ordinary personal injury contingency fees.

This page provides general guidance only and is not legal advice. Figures are based on Rule 1.5 of the Pennsylvania Rules of Professional Conduct and Article III, Section 18 of the Pennsylvania Constitution, verified per our methodology. Confirm how current rules apply to a specific claim with a licensed attorney in the relevant state before acting.