| Alabama |
No limitations. |
| Alaska |
No limitations. |
| Arizona |
§12-568. Not limited,
but court reviews reasonableness of fees upon request of either party. |
| Arkansas |
No limitations. |
| California |
Business and Professions
§6146. Sliding scale, not to exceed 40% of first $50,000, 33 1/3% of next
$50,000, 25% of next $500,000, and 15% of damages exceeding $600,000. |
| Colorado |
No limitations. |
| Connecticut |
§52-251c. Sliding
scale, not to exceed 1/3 of first $300,000; 25% of next $300,000; 20% of next
$300,000; 15% of next $300,000; and 10% of damages exceeding $1.2 million. |
| Delaware |
§18.6865. Sliding
scale, not to exceed 35% of first $100,000; 25% of next $100,000; and 10% of all
damages exceeding $200,000. |
|
Florida |
Florida Ballot, 2004 Election.
Constitutional amendment adopted, effective immediately. Limits attorney fees
in malpractice lawsuits to 30% of first $250,000; 10% of any award over $250,000. |
| Georgia |
No limitations. |
| Hawaii |
§607.15.5. Attorney
fees must be approved by court. |
|
Idaho |
No limitations. |
| Illinois |
§735 5/2-1114. Sliding
scale, not to exceed 1/3 of first $150,000; 25% of next $850,000; 20% of damages
over $1 million. |
| Indiana |
§34-18-18-1. Plaintiff's
attorney fees may not exceed 15% of any award made from Patient Compensation Fund. |
| Iowa |
§147.138. Court to
review plaintiff attorney fees in any personal injury or wrongful death action
against specified health care providers or hospitals. |
| Kansas |
§7.121b. Attorney
fees must be approved by court. |
|
Kentucky |
No limitations. |
| Louisiana |
No limitations. |
| Maine |
§24.2961. Sliding
scale, not to exceed 1/3 of first $100,000; 25% of next $100,000; and 20% of damages
exceeding $200,000. |
| Maryland |
No limitations. |
| Massachusetts |
§231.601. Sliding
scale, not to exceed 40% of first $150,000; 33.33% of next $150,000; 30% of next
$200,000 and 25% of award over $500,000. |
|
Michigan |
Court Rules 8.121(b).
Maximum contingency fee for personal injury action is third of amount recovered. |
| Minnesota |
No limitations. |
| Mississippi |
No limitations. |
| Missouri |
No limitations. |
| Montana |
No limitations. |
| Nebraska |
§44.976. No limitations,
but court can review for reasonableness. |
|
Nevada |
Nevada Ballot, 2004 Election.
Question 3, Passed. Amends NRS Ch. 7. Creates sliding scale for attorney
fees, not to exceed 40% of first $50,000; 33 1/3% of next $50,000; 25% of next
$500,000; 15% of any amount over $600,000. |
|
New Hampshire |
§507-C:8. Sliding
scale, not to exceed 50% of first $1000; 40% of next $2000; 1/3 of next $97,000;
20% of excess of $100,000. When settled out of court, fee limited to 25% of up
to $50,000. |
| New
Jersey | Court
Rules §1:2107. Sliding scale, not to exceed 1/3 of first $500,000; 30% of
next $500,000; 25% of third $500,000; and 20% of fourth $500,000. 25% limit for
minor or incompetent plaintiff. |
|
New Mexico |
No limitations. |
| New
York | Jud.
§474-A. Sliding scale, not to exceed 30% of first $250,000; 25% of second
$250,000; 20% of next $500,000; 15% of next $250,000; 10% over $1.25 million. |
| North
Carolina | No
limitations. |
| North
Dakota | No
limitations. |
| Ohio |
No limitations. |
| Oklahoma |
§5-7. Fee may not
exceed 50% of net judgment. |
|
Oregon |
§31.735. No more
than 20% of punitive damages to attorney, no limitation of percentage of economic
damages. |
| Pennsylvania |
No limitations. |
| Rhode
Island | No
limitations. |
| South
Carolina | No
limitations. |
| South
Dakota | No
limitations. |
| Tennessee |
§29.26.120. Fees
limited to 1/3 of award to plaintiff. |
|
Texas |
No limitations. |
| Utah |
§78.14.7.5. Contingency
fee not to exceed 1/3 of award. |
|
Vermont |
No limitations. |
| Virginia |
No limitations. |
| Washington |
§7.70.070. Court
to determine reasonableness of each party's attorney fees. |
| West
Virginia | No
limitations. |
| Wisconsin |
§655.013. Sliding
scale, not to exceed 1/3 of first $1 million, or 25% of first $1 million recovered
if liability is stipulated within time limits, 20% of any amount exceeding $1
million. |
| Wyoming |
Ct. Rules, R. 5.
Recovery $1 million or less: 1/3 if claim settled prior to 60 days after filing;
40% if settled after 60 days or judgment; 30% over $1 million. |