Quick answer: Case costs are separate from attorney fees and cover the expenses required to build and prove a claim: court filing fees, medical records, deposition transcripts, and expert witnesses. A claim resolved before suit is filed usually incurs modest costs, while a case that proceeds through discovery and expert work costs substantially more. In a contingency arrangement these expenses are typically advanced by the firm and repaid from the recovery, with the exact terms set out in the written fee agreement.
Costs on a pre-litigation claim
Most claims are worked up and presented to the insurer without filing suit. Expenses at this stage are limited and predictable.
- Traffic collision report and police records
- Medical records and itemized billing from each provider
- Photographs, scene documentation, and mailing costs
- Occasionally an early expert consultation
Costs once a lawsuit is filed
Filing suit in San Diego Superior Court adds court fees and formal discovery. Depositions require a court reporter and a transcript for each witness deposed, and complex matters may involve multiple sessions.
- Complaint filing fee and service of process
- Court reporter and transcript fees per deposition
- Subpoenas and records custodian fees
- Mediation or private neutral fees
- Jury fees and trial exhibit preparation
Expert witnesses
Experts are usually the largest single category in a litigated case. Accident reconstructionists, treating and retained physicians, life-care planners, and economists all bill for review, report preparation, deposition, and testimony. Experts are retained where the evidence requires them, not by default.
How costs are handled and repaid
In a contingency case the firm generally advances these expenses so the client is not paying out of pocket during treatment. Advanced costs are then reimbursed from the settlement or judgment and itemized on the closing statement. Whether costs are deducted before or after the attorney fee is calculated is specified in the written agreement.
Because litigation costs come out of the same recovery, the decision to escalate a case is a cost-benefit judgment made with the client rather than automatically.
Frequently asked questions
- Do I have to pay case costs while my case is pending?
- In a typical contingency arrangement the firm advances costs and is reimbursed at resolution, so there is no out-of-pocket payment while the case is active. Confirm this in the written agreement.
- Why can experts be so expensive?
- Experts charge for record review, report writing, deposition time, and trial testimony. Their opinions are frequently what establishes causation and the value of future medical care.
- Can the losing side be ordered to pay costs?
- California allows a prevailing party to recover certain statutory costs, and a rejected settlement offer under Code of Civil Procedure §998 can shift some costs. Recoverable costs are narrower than the total spent on a case.
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(760) 940-6231This page is general information about California law and is not legal advice. Reading it does not create an attorney-client relationship. Prior results do not guarantee a similar outcome. The Law Offices of Ronald B. Laba, APC is licensed to practice in California. Back to Costs & Fees.