Delaware Statutes

§ 6865 — Limitation on attorneys’ fees

Delaware·Title 18·Part Insurance·Ch. 68 HEALTH-CARE MEDICAL NEGLIGENCE INSURANCE AND LITIGATION·Subch. Compensation for Health Care Injuries
(a)The amount of the claimant’s attorneys’ fees may not exceed the amounts in the following schedule:
(1)35% of the first $100,000 of damages;
(2)25% of the next $100,000 of damages;
(3)10% of the balance of any awarded damages.
(b)Notwithstanding subsection (a) of this section, a claimant has the right to elect to pay for the attorneys’ services on a mutually satisfactory per diem basis. The election, however, must be exercised in written form at the time of employment.

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Legislative History

60 Del. Laws, c. 373, § 1

Nearby Sections

15
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