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    FEE REFERENCE

    Contingency Fees by State

    A state-by-state reference for contingency fee structures in personal injury and mass tort cases. See typical fee ranges, medical malpractice caps, and regulatory requirements in all 50 states and D.C.

    State
    Alabama (AL)
    Typical Range
    33-40%
    Medical Malpractice Cap
    No cap
    Key Regulations
    Fee must be in writing; contingency fee agreements must clearly state percentage.
    State
    Alaska (AK)
    Typical Range
    33-40%
    Medical Malpractice Cap
    No cap
    Key Regulations
    Fee must be reasonable under ethical rules. Written agreement required.
    State
    Arizona (AZ)
    Typical Range
    33-40%
    Medical Malpractice Cap
    No cap
    Key Regulations
    No statutory cap but fee must be reasonable per ethical rules. Written agreement required.
    State
    Arkansas (AR)
    Typical Range
    33-40%
    Medical Malpractice Cap
    33.3% (medical malpractice)
    Key Regulations
    Medical malpractice contingency fees capped at 33.3%.
    State
    California (CA)
    Typical Range
    33-40%
    Medical Malpractice Cap
    40% of first $50K, 33.3% of next $50K, 25% of next $500K, 15% over $600K
    Key Regulations
    MICRA sets sliding scale for medical malpractice. Other cases: must be reasonable.
    State
    Colorado (CO)
    Typical Range
    33-40%
    Medical Malpractice Cap
    33.3% (medical malpractice)
    Key Regulations
    Medical malpractice contingency cap of 33.3%. Other cases: reasonable fee standard.
    State
    Connecticut (CT)
    Typical Range
    33-40%
    Medical Malpractice Cap
    33.3% (medical malpractice) / 30% of first $300K, 25% next $300K, 20% over $600K (personal injury)
    Key Regulations
    Structured sliding scale for personal injury. Med mal cap at 33.3%.
    State
    Delaware (DE)
    Typical Range
    33-40%
    Medical Malpractice Cap
    35% (medical malpractice)
    Key Regulations
    Medical malpractice contingency fees capped at 35%.
    State
    District of Columbia (DC)
    Typical Range
    33-40%
    Medical Malpractice Cap
    No cap
    Key Regulations
    Fee must be reasonable. Written agreement required.
    State
    Florida (FL)
    Typical Range
    33-40%
    Medical Malpractice Cap
    30% of first $250K, 10% over $250K (pre-suit); 33.3% of first $250K, 20% over (post-suit, up to $500K additional), 30% over $500K
    Key Regulations
    Strict sliding scale for med mal. Fee must be in writing with detailed breakdown.
    State
    Georgia (GA)
    Typical Range
    33-40%
    Medical Malpractice Cap
    No cap
    Key Regulations
    No statutory cap. Fee must be reasonable and in writing.
    State
    Hawaii (HI)
    Typical Range
    33-40%
    Medical Malpractice Cap
    No cap
    Key Regulations
    Fee must be reasonable. Contingency fee agreements must be in writing and signed by client.
    State
    Idaho (ID)
    Typical Range
    33-40%
    Medical Malpractice Cap
    No cap
    Key Regulations
    Fee must be reasonable. Written agreement required with clear explanation of fee calculation.
    State
    Illinois (IL)
    Typical Range
    33-40%
    Medical Malpractice Cap
    33.3% (medical malpractice)
    Key Regulations
    Medical malpractice contingency capped at 33.3%. Other cases: reasonable fee standard.
    State
    Indiana (IN)
    Typical Range
    33-40%
    Medical Malpractice Cap
    15% (medical malpractice)
    Key Regulations
    Medical malpractice contingency capped at 15% (lowest in the US). Other cases: standard range.
    State
    Iowa (IA)
    Typical Range
    33-40%
    Medical Malpractice Cap
    No cap
    Key Regulations
    Fee must be reasonable. Written contingency fee agreement must include method of calculation.
    State
    Kansas (KS)
    Typical Range
    33-40%
    Medical Malpractice Cap
    33.3% (medical malpractice)
    Key Regulations
    Medical malpractice capped at 33.3% of recovery.
    State
    Kentucky (KY)
    Typical Range
    33-40%
    Medical Malpractice Cap
    No cap
    Key Regulations
    No statutory cap. Fee must be reasonable under ethical rules.
    State
    Louisiana (LA)
    Typical Range
    33-40%
    Medical Malpractice Cap
    50% (first $10K), 40% (next $50K), 33.3% (over $60K)
    Key Regulations
    Sliding scale for medical malpractice. Other cases: reasonable fee.
    State
    Maine (ME)
    Typical Range
    33-40%
    Medical Malpractice Cap
    30% (first $100K), 25% (next $100K), 20% (over $200K)
    Key Regulations
    Sliding scale for medical malpractice. Other cases: reasonable fee.
    State
    Maryland (MD)
    Typical Range
    33-40%
    Medical Malpractice Cap
    33.3% (medical malpractice), subject to arbitration limits
    Key Regulations
    Med mal capped at 33.3% in arbitration. Other cases: reasonable fee.
    State
    Massachusetts (MA)
    Typical Range
    33-40%
    Medical Malpractice Cap
    40% (first $150K), 33.3% (next $150K), 25% (over $300K)
    Key Regulations
    Sliding scale for med mal. Other cases: reasonable fee with written agreement.
    State
    Michigan (MI)
    Typical Range
    33-40%
    Medical Malpractice Cap
    33.3% (medical malpractice)
    Key Regulations
    Medical malpractice capped at 33.3%.
    State
    Minnesota (MN)
    Typical Range
    33-40%
    Medical Malpractice Cap
    No cap
    Key Regulations
    Fee must be reasonable. Contingency fee agreement must be in writing.
    State
    Mississippi (MS)
    Typical Range
    33-40%
    Medical Malpractice Cap
    33.3% (medical malpractice)
    Key Regulations
    Medical malpractice capped at 33.3% of recovery.
    State
    Missouri (MO)
    Typical Range
    33-40%
    Medical Malpractice Cap
    50% (first $10K), 40% (next $50K), 33.3% (over $60K)
    Key Regulations
    Sliding scale for medical malpractice. Other cases: reasonable fee.
    State
    Montana (MT)
    Typical Range
    33-40%
    Medical Malpractice Cap
    33.3% (medical malpractice)
    Key Regulations
    Medical malpractice capped at 33.3%. Other cases: reasonable fee standard.
    State
    Nebraska (NE)
    Typical Range
    33-40%
    Medical Malpractice Cap
    No cap
    Key Regulations
    Fee must be reasonable. Written contingency agreement required.
    State
    Nevada (NV)
    Typical Range
    33-40%
    Medical Malpractice Cap
    No cap
    Key Regulations
    Fee must be reasonable. Written agreement must specify how fee is calculated.
    State
    New Hampshire (NH)
    Typical Range
    33-40%
    Medical Malpractice Cap
    50% (first $10K), 40% (next $50K), 33.3% (over $60K)
    Key Regulations
    Sliding scale for med mal. Other cases: reasonable fee.
    State
    New Jersey (NJ)
    Typical Range
    33-40%
    Medical Malpractice Cap
    33.3% (medical malpractice)
    Key Regulations
    Medical malpractice capped at 33.3%. Court approval required for minors.
    State
    New Mexico (NM)
    Typical Range
    33-40%
    Medical Malpractice Cap
    No cap
    Key Regulations
    Fee must be reasonable. Written agreement required.
    State
    New York (NY)
    Typical Range
    33-40%
    Medical Malpractice Cap
    30% (first $250K), 25% (next $250K), 20% (next $500K), 15% (next $250K), 10% (over $1.25M)
    Key Regulations
    Strict sliding scale for medical malpractice. Structured fee limits for personal injury.
    State
    North Carolina (NC)
    Typical Range
    33-40%
    Medical Malpractice Cap
    No cap
    Key Regulations
    Fee must be reasonable. Written agreement required with clear percentage disclosure.
    State
    North Dakota (ND)
    Typical Range
    33-40%
    Medical Malpractice Cap
    33.3% (medical malpractice)
    Key Regulations
    Medical malpractice capped at 33.3% of recovery.
    State
    Ohio (OH)
    Typical Range
    33-40%
    Medical Malpractice Cap
    33.3% (medical malpractice)
    Key Regulations
    Medical malpractice capped at 33.3%.
    State
    Oklahoma (OK)
    Typical Range
    33-40%
    Medical Malpractice Cap
    50% (first $10K), 40% (next $50K), 33.3% (over $60K)
    Key Regulations
    Sliding scale for med mal. Other cases: reasonable fee standard.
    State
    Oregon (OR)
    Typical Range
    33-40%
    Medical Malpractice Cap
    33.3% (medical malpractice)
    Key Regulations
    Medical malpractice capped at 33.3% of recovery.
    State
    Pennsylvania (PA)
    Typical Range
    33-40%
    Medical Malpractice Cap
    No cap
    Key Regulations
    No statutory cap. Fee must be reasonable. Written fee agreement required.
    State
    Rhode Island (RI)
    Typical Range
    33-40%
    Medical Malpractice Cap
    33.3% (medical malpractice)
    Key Regulations
    Medical malpractice capped at 33.3%.
    State
    South Carolina (SC)
    Typical Range
    33-40%
    Medical Malpractice Cap
    33.3% (medical malpractice)
    Key Regulations
    Medical malpractice capped at 33.3%.
    State
    South Dakota (SD)
    Typical Range
    33-40%
    Medical Malpractice Cap
    No cap
    Key Regulations
    Fee must be reasonable. Written agreement required.
    State
    Tennessee (TN)
    Typical Range
    33-40%
    Medical Malpractice Cap
    33.3% (medical malpractice)
    Key Regulations
    Medical malpractice capped at 33.3%.
    State
    Texas (TX)
    Typical Range
    33-40%
    Medical Malpractice Cap
    40% (first $50K), 33.3% (next $50K), 25% (next $500K), 10% (over $600K)
    Key Regulations
    Strict sliding scale for med mal. Other cases: reasonable fee.
    State
    Utah (UT)
    Typical Range
    33-40%
    Medical Malpractice Cap
    33.3% (medical malpractice)
    Key Regulations
    Medical malpractice capped at 33.3%.
    State
    Vermont (VT)
    Typical Range
    33-40%
    Medical Malpractice Cap
    33.3% (medical malpractice)
    Key Regulations
    Medical malpractice capped at 33.3%.
    State
    Virginia (VA)
    Typical Range
    33-40%
    Medical Malpractice Cap
    20% (medical malpractice)
    Key Regulations
    Lowest med mal cap in US at 20%. Other cases: reasonable fee standard.
    State
    Washington (WA)
    Typical Range
    33-40%
    Medical Malpractice Cap
    No cap
    Key Regulations
    Fee must be reasonable. Written agreement required with detailed explanation.
    State
    West Virginia (WV)
    Typical Range
    33-40%
    Medical Malpractice Cap
    33.3% (medical malpractice)
    Key Regulations
    Medical malpractice capped at 33.3%.
    State
    Wisconsin (WI)
    Typical Range
    33-40%
    Medical Malpractice Cap
    33.3% (medical malpractice)
    Key Regulations
    Medical malpractice capped at 33.3% ($1M total fee limit in some cases).
    State
    Wyoming (WY)
    Typical Range
    33-40%
    Medical Malpractice Cap
    33.3% (medical malpractice)
    Key Regulations
    Medical malpractice capped at 33.3% of recovery.

    Frequently Asked Questions

    Important Disclaimer

    This reference is for general informational purposes only and is not legal advice. Laws and caps change frequently by legislation and court ruling. Only a licensed attorney in your state can determine how the law applies to your specific facts. Top Tier Legal, LLC is not a law firm and does not provide legal advice.

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