Personal Injury Lawyer Fees Illinois: 5 Key Facts

Last Updated: October 25, 2026

Parker & Parker charges one-third of the recovery, and no attorney fee unless money is recovered. The consultation is free, and nothing is paid up front. 735 ILCS 5/2-1114(a) says the total contingent fee in a medical malpractice action shall not exceed 33 1/3 percent of all sums recovered.

The Firm’s Fee

The fee is one-third of the amount recovered, whether the matter ends before suit, after suit, or at trial. If no money is recovered, no attorney fee is owed. The firm advances the case costs. If money is recovered, those costs are repaid from the recovery in addition to the one-third fee. If no money is recovered, the firm absorbs the costs it advanced.

Medical Malpractice Actions

Section 2-1114(a) provides that in all medical malpractice actions the total contingent fee for the plaintiff’s attorney or attorneys shall not exceed 33 1/3 percent of all sums recovered. Subsection (b) provides that, for a lump-sum contingent fee, any future damages recoverable in periodic installments shall be reduced to a lump-sum value. Subsection (c) is blank in the current text. The source is P.A. 97-1145, effective January 18, 2013. The section applies to a medical malpractice action. It does not set the fee for an ordinary injury agreement.

Frequently Asked Questions

Is anything paid up front?

No. The consultation is free. The attorney fee is one-third of the money recovered, and no attorney fee is owed if no money is recovered.

What happens to the advanced costs?

If money is recovered, the advanced costs are repaid from the recovery in addition to the one-third fee. If no money is recovered, the firm absorbs the costs it advanced.

Does section 2-1114 cap every injury fee at one-third?

It caps the total contingent fee in a medical malpractice action at 33 1/3 percent of all sums recovered. An ordinary injury agreement uses the one-third term stated above.

Does subsection (b) change a periodic award before the fee is figured?

For a lump-sum contingent fee, future damages recoverable in periodic installments are reduced to a lump-sum value.

Parker & Parker Attorneys at Law
300 NE Perry Ave., Peoria, IL 61603
Phone: 309-673-0069
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How Personal Injury Lawyer Fees Work in Illinois