2-1114.Contingent fees for attorneys in medical malpractice actions.
Article II. Civil Practice · Part 11. Trial · Last amended 2013 · Last verified July 20, 2026
In one sentenceCaps a plaintiff's attorney contingent fee in medical malpractice cases at one-third of the total recovery, and requires future periodic damages to be reduced to a lump sum before figuring that fee.
Full Text of 735 ILCS 5/2-1114
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(a)In all medical malpractice actions the total contingent
fee for plaintiff's attorney or attorneys shall not exceed 33 1/3% of all sums 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)(Blank). (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.
Plain-English Summary
Subsection (a) sets the ceiling: the total contingent fee for a plaintiff's attorney or attorneys in a medical malpractice action can't exceed 33 1/3% of all sums recovered.
Subsection (b) addresses damages awarded as future periodic installments -- that stream of payments must be reduced to a lump-sum value before calculating the contingent fee, so the cap applies to a present-value figure rather than the nominal total of all future payments.
Subsection (c) is blank, a placeholder marking a subsection with no current text.
Subsection (d) defines contingent fee basis broadly, to include any fee arrangement under which compensation depends in whole or in part on the result obtained -- not just a straight percentage-of-recovery agreement.
Frequently Asked Questions
What is the maximum contingent fee an attorney can charge in an Illinois medical malpractice case?
33 1/3% of all sums recovered.
How are future periodic damages handled for fee purposes?
They are reduced to a lump-sum value before the contingent fee is calculated.
What does subsection (c) say?
Nothing. It is marked as blank, with no substantive text.
Does this cap apply only to straight percentage-fee agreements?
No. Contingent fee basis covers any arrangement where pay depends in whole or in part on the result obtained.
Does this section apply outside medical malpractice cases?
No. It applies specifically to medical malpractice actions.
Amendment History
(Source: P.A. 97-1145, eff. 1-18-13.)
Source & verification. Section text and amendment history are
reproduced verbatim from the Illinois Compiled Statutes, published by the
Illinois Compiled Statutes, Illinois General Assembly / Legislative Reference Bureau. Last verified July 20, 2026.
· Official source
Also known as:illinois medical malpractice attorney fee capcontingent fee limit illinoislump sum future damages attorney fee