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Illinois Compiled Statutes

735 ILCS 5/2-1114 (2026)

Contingent fees for attorneys in medical malpractice actions

✓ current as of May 2026
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(735 ILCS 5/2-1114) (from Ch. 110, par. 2-1114)
    Sec. 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 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.
(Source: P.A. 97-1145, eff. 1-18-13.)

    
Notes of Decisions
Cited in 11 cases (1 in the last 5 years), 2001–2021 · leading case: Madalinski v. St. Alexius Med. Ctr., 867 N.E.2d 995 (Ill. App. Ct. 2006).
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Madalinski v. St. Alexius Med. Ctr., 867 N.E.2d 995 (Ill. App. Ct. 2006). · cites it 4× “Thereafter, Monico petitioned the trial court for "extraordinary fees" in the amount of one-third of the gross settlement pursuant to section 2-1114(c) of the Illinois Code of Civil Procedure (Code) (735 ILCS 5/2-1114 (West 2002)). The court denied this request.”
Grauer v. Clare Oaks, 2019 IL App (1st) 180835 (Ill. App. Ct. 2019). “This court further takes judicial notice, and the trial court was no doubt aware, that the General Assembly has by statute provided that “[i]n all medical malpractice actions the total contingent fee for plaintiff’s attorney or attorneys shall not exceed 33 1/3% of all sums…”
Seiden Law Grp., P.C. v. Segal, 2021 IL App (1st) 200877 (Ill. App. Ct. 2021). “See 735 ILCS 5/2-1114(a) (West 2020) (precluding contingency-fee agreements in medical malpractice cases from exceeding 33.”
Eads v. Heritage Enter., Inc., 757 N.E.2d 107 (Ill. App. Ct. 2001). “735 ILCS 5/2-1114, 2-1115 (West 1998). C.”
Eads v. Heritage Enter., Inc., 787 N.E.2d 771 (Ill. 2003). · cites it 2× “The attorney fees for a successful plaintiff must be paid by the defendant nursing home licensee, not the plaintiff, and the amount of fees that the plaintiff's attorney may receive is not subject to any statutory maximum.”
Clay v. Cnty. of Cook Modification of June 19, 2001, opinion upon denial of rehearing (Ill. App. Ct. 2001). · cites it 5× “On appeal, Slutsky argues that an award of additional attorney fees pursuant to section 2-1114 is reviewed under the manifest weight of the evidence standard and that the trial court's refusal to award him one-third of the settlement was against the manifest weight of the…”
Cont'l Cas. Co. v. Bertucci, LTD (Ill. App. Ct. 2010). · cites it 5× “735 ILCS 5/2-1114 (West 1996). The statute, which took effect in 1985, limits the total contingent fee for a plaintiff’s attorney or attorneys in a medical malpractice action to 33.”
Madalinski v. St. Alexius Med. Ctr. (Ill. App. Ct. 2006). · cites it 4× “Thereafter, Monico petitioned the trial court for "extraordinary fees" in the amount of one-third of the gross settlement pursuant to section 2-1114(c) of the Illinois Code of Civil Procedure (Code) (735 ILCS 5/2-1114 (West 2002)). The court denied this request.”
Ruiz v. The City of Chicago (Ill. App. Ct. 2006). · cites it 4× “Counsel for plaintiff was awarded costs and attorney fees of $262,500 pursuant to section 2-1114 of the Code of Civil Procedure (735 ILCS 5/2-1114 (West 2004)) and costs of $29,374.”
Wells v. St. Bernard Hosp., 2013 IL App (1st) 113512 (Ill. App. Ct. 2013). · cites it 3× “The case settled, and plaintiff’s counsel petitioned the trial court for enhanced attorney fees pursuant to section 2- 1114 of the Code of Civil Procedure (735 ILCS 5/2-1114 (West 2008)). The trial court granted counsel’s petition and awarded plaintiff’s counsel $56,850 in…”
Eads v. Heritage Enter., Inc. (Ill. App. Ct. 2001). “735 ILCS 5/2-1114, 2-1115 (West 1998). C.”
— 735 ILCS 5/2-1114(a) — 4 cases
Grauer v. Clare Oaks, 2019 IL App (1st) 180835 (Ill. App. Ct. 2019). “This court further takes judicial notice, and the trial court was no doubt aware, that the General Assembly has by statute provided that “[i]n all medical malpractice actions the total contingent fee for plaintiff’s attorney or attorneys shall not exceed 33 1/3% of all sums…”
Seiden Law Grp., P.C. v. Segal, 2021 IL App (1st) 200877 (Ill. App. Ct. 2021). “See 735 ILCS 5/2-1114(a) (West 2020) (precluding contingency-fee agreements in medical malpractice cases from exceeding 33.”
Ruiz v. The City of Chicago (Ill. App. Ct. 2006). “Counsel for plaintiff was awarded costs and attorney fees of $262,500 pursuant to section 2-1114 of the Code of Civil Procedure (735 ILCS 5/2-1114 (West 2004)) and costs of $29,374.”
Cont'l Cas. Co. v. Bertucci, LTD (Ill. App. Ct. 2010). “735 ILCS 5/2-1114 (West 1996). The statute, which took effect in 1985, limits the total contingent fee for a plaintiff’s attorney or attorneys in a medical malpractice action to 33.”
— 735 ILCS 5/2-1114(c) — 4 cases
Cont'l Cas. Co. v. Bertucci, LTD (Ill. App. Ct. 2010). “735 ILCS 5/2-1114 (West 1996). The statute, which took effect in 1985, limits the total contingent fee for a plaintiff’s attorney or attorneys in a medical malpractice action to 33.”
Wells v. St. Bernard Hosp., 2013 IL App (1st) 113512 (Ill. App. Ct. 2013). “The case settled, and plaintiff’s counsel petitioned the trial court for enhanced attorney fees pursuant to section 2- 1114 of the Code of Civil Procedure (735 ILCS 5/2-1114 (West 2008)). The trial court granted counsel’s petition and awarded plaintiff’s counsel $56,850 in…”
Clay v. Cnty. of Cook Modification of June 19, 2001, opinion upon denial of rehearing (Ill. App. Ct. 2001). “On appeal, Slutsky argues that an award of additional attorney fees pursuant to section 2-1114 is reviewed under the manifest weight of the evidence standard and that the trial court's refusal to award him one-third of the settlement was against the manifest weight of the…”
Ruiz v. The City of Chicago (Ill. App. Ct. 2006). “Counsel for plaintiff was awarded costs and attorney fees of $262,500 pursuant to section 2-1114 of the Code of Civil Procedure (735 ILCS 5/2-1114 (West 2004)) and costs of $29,374.”
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