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Illinois Medical Malpractice Laws: Statutory Cap On Illinois Attorneys' Fees
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Illinois medical malpractice lawyers have to use a cap of their fees when handling an Illinois medical malpractice case. Fortunately this allows most of the recovery in an Illinois medical malpractice lawsuit to go to the victim. Illinois medical malpractice lawyers apply the following Illinois law dealing with medical malpractice cases in regard to attorney's fees.
- §2-1114. Contingent fees for attorneys in medical malpractice actions.
- (a) In all medical malpractice actions the total contingent fee for plaintiff's attorney or attorneys shall not exceed the following amounts: 33 1/3 % of the first $150,000 of the sum recovered; 25% of the next $850,000 of the sum recovered; and 20% of any amount recovered over $1,000,000 of the sum recovered.
- (b) For purposes of determining any lump sum contingent fee, any future damages recoverable by the plaintiff in periodic installments shall be reduced to a lump sum value.
- (c) The court may review contingent fee agreements for fairness. In special circumstances, where an attorney performs extraordinary services involving more than usual participation in time and effort the attorney may apply to the court for approval of additional compensation.
- (d) As used in this Section, "contingent fee basis" includes any fee arrangement under which the compensation is to be determined in whole or in part on the result obtained.
Please note that despite these caps, it is not uncommon for medical malpractice attorneys in Illinois to receive additional compensation due to alleged "extraordinary services." If your attorney is asking to receive more than the statutory amount you should ask them the basis of their requesting additional money.
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