Costs & Fees
Case Costs in a California Personal Injury Lawsuit
Short answer
What are case costs in a personal injury lawsuit, and who pays them?
Case costs are the out-of-pocket expenses of proving a claim — court filing fees, medical records, deposition transcripts, expert witnesses, service of process and trial exhibits. In a contingency case the firm normally advances these and is reimbursed from the recovery, separately from its fee. Costs rise sharply once a case is filed and again if it is prepared for trial, which is why the decision to litigate is weighed against the realistic value of the claim.
Typical cost categories
Pre-litigation costs are modest: medical records and imaging, a police report, photographs, and postage. Many claims resolve without going further.
Litigation adds court filing and motion fees, process servers, court reporters and transcripts, and subpoenas for records.
Trial preparation is the expensive tier: retained experts such as accident reconstructionists, treating-physician testimony, life-care planners and economists, plus demonstratives and jury consultants where warranted.
Who advances them and when they are repaid
The firm generally fronts costs so the client is not writing checks during treatment. Reimbursement comes from the settlement or verdict at disbursement.
Whether the client owes advanced costs when there is no recovery is a term of the written fee agreement. Get a clear answer in writing before signing.
Why costs are a strategic decision, not a formality
Spending on an expert only makes sense when it moves the value of the claim by more than it costs. A well-run case spends where liability or damages are genuinely contested and avoids spending where they are not.
Frequently asked questions
- Are case costs deducted before or after the attorney's fee?
- That depends on the fee agreement, and the order changes the client's net. Ask for the calculation in writing with an example.
- Can I be billed for costs during my case?
- In a contingency arrangement, costs are normally advanced by the firm and reconciled at the end, not billed monthly.
- Do costs come back if we win?
- Advanced costs are reimbursed out of the recovery, and some costs may be recoverable from the defense in certain circumstances.
Talk it through with an attorney — free
Hollywood Injury Law Center represents injured people across Los Angeles County from our West Hollywood office. No fee unless we win your case.
This page is general information about California law, not legal advice, and reading it does not create an attorney-client relationship. Hollywood Injury Law Center — Bash & Polyachenko P.C. is licensed to practice in California. Prior results do not guarantee a similar outcome.