Del. Code 18, § 6865 : Insurance Code — Health Care Medical Negligence Insurance And Litigation — Compensation For Health Care Injuries — Limitation on attorney's fees Date: 2 Sep 2016 TEXT PDF Current through 2016 Legislative Session, Act 399 (a) The amount of the claimant's attorney's 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 attorney's services on a mutually satisfactory per diem basis. The election, however, must be exercised in written form at the time of employment. Del. C. § 6865 60 Del. Laws, c. 373, § 1.;