The Cost of Taking A Personal Injury Case to Court

When settlement negotiations do not agree and a personal injury case is brought to court, both parties will spend loads of more cash.

“Litigation” is a word for the method of taking a claim to the civil court system. Litigation can be costly – very costly. We usually think about what litigation will charge us and put that into our plan about deciding whether or not to settle a case.

It is a terrific idea to consider the other side’s costs as well, the insurer representing the accused or defendant. The litigation’s cost is the major reason insurers typically settle reliable injury claims, instead of representing them out in court. Let us take a look.

Lawyers’ Fees

Primarily, legal payment is included when bringing a case to the court system: the cost of lawyers, essentially.

injury lawyer

Lawyer preparing for the courtroom.

The Plaintiff’s Lawyer Fees

In personal injury claims, the plaintiff’s lawyer (that is, the attorney for the plaintiff) frequently works on contingency. Meaning, the attorney gets a portion or percentage of whatever the injured party recovers or wins – and gets zero if their client does not win.

In turn, this means that the plaintiff isn’t usually accountable for a huge cost of going to the court unless they win – in which case, money will be involved.

Remember that most personal injury attorneys will stipulate a greater contingency payment if a case should be litigated. A fee agreement between the lawyer and the plaintiff would typically include a contingency percentage (frequently around 30%) if the case is already settled before going trial and a much higher percentage (over forty percent) if it undergoes litigation.

Even if a personal injury lawyer’s cost for the injured party is contingent on being successful, it’s still “expensive” for a plaintiff to fight a claim out in court – in fact, more of the recovery award is paid out to their attorney.

Expert Witness Payments

A second main expenditure is fees for an expert witness. Experts do not come cheap; a few injury cases can take in numerous professionals: engineers to attest cars or products, accident reconstructionist to attest how an accident took place, medical experts to affirm medical treatment and injuries, even actuaries and accountants to testify lost wages or income.

Many professionals can get a couple of thousand dollars for studying one injury case.

injury attorney

Lawyer consulting the jury.

“Administrative” Payments

Third, there are delivery, copying, messenger, and transcription expenses. Cases are document-intensive, and taking the services of a court correspondent to take statements, making duplicates of huge medical reports or transcripts, and delivering documents around in different high-priority, fail-safe-delivery ways add up to an injury case’s course.

Court Filing Payments

Fourth, there are filing and court fees, such as the service process’ expenses. These costs could each only be tens of dollars, however, over a trial’s course, the total expenses in this area can add up to several hundred or thousands of dollars.

Miscellaneous Cost

There are other expenses, like travel costs for witnesses and lawyers. If anybody has to stay overnight, rent cars, fly, etc., this cost can mount up quickly.