When there’s a medical malpractice windfall, Illinois lawyers will have to settle for their fair share. A bill headed to the governor's desk would cut off plaintiff attorneys’ ability to ask for more than what’s already in the law, one third of the award.
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“We got, anecdotally, the notion that in eight or nine out of ten cases, petitions are filed asking for fees that go beyond the amount that is statutorily described,” which is the one-third maximum this law seeks to enforce, said State Rep. Barbara Flynn Currie (D-Chicago), the sponsor. Currie says lawyers could also take less than 33.3 percent, but no more. HB 5151 has passed the House, 67-46, and goes to the governor.