Delaware § 6865 Limitation on attorneys’ fees

Delaware Statutes

§ 6865 — Limitation on attorneys’ fees

Delaware § 6865

JurisdictionDelaware

Title18

PartInsurance

Ch. 68HEALTH-CARE MEDICAL NEGLIGENCE INSURANCE AND LITIGATION

Subch.Compensation for Health Care Injuries

This text of Delaware § 6865 (Limitation on attorneys’ fees) is published on Counsel Stack Legal Research, covering Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Del. Code tit. 18, § 6865 (2026).

Text

(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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(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.