Suing for a personal injury claim usually costs nothing upfront. Most lawyers work for about 33% of the recovery if the case settles and up to 40% if it goes into litigation or trial. A personal injury claim seeks payment for harm caused by someone else's actions. You pay the lawyer from the recovery, plus separate case costs for items like filing fees and experts.
Table of Contents
- How does the contingency fee work?
- What costs sit on top of the lawyer's fee?
- What does it cost to file the lawsuit?
- Who pays costs if you lose or win?
How does the contingency fee work?
A contingency fee means the lawyer receives a share of the recovery instead of an hourly rate. According to Steven M. Sweat Law Offices, the share is often about 33% before suit and rises to 40% with litigation or trial, as explained in the California fee guide. You owe no fee for the lawyer's time if there is no recovery. The percentage and cost terms must appear in a signed written agreement before work starts.
California requires this under Business and Professions Code §6147. Read that agreement before you sign it. Ask how the percentage changes at each stage. Common triggers include filing suit, starting discovery, and setting a trial date. Get the trigger points in writing.
What costs sit on top of the lawyer's fee?
Case expenses are separate from the attorney fee. Firms often advance these costs and then deduct them from the settlement or verdict. Examples include court filing charges, medical records fees, deposition transcripts, and expert-witness charges.
Routine state-court filing fees often range from $100 to $500. According to Brandon J. Broderick Attorney at Law, expert-witness work often runs $500 to $10,000 or more for review, reports, and testimony, as detailed in the court-costs overview. Complex cases may need several experts.
- Filing fee: paid when the complaint is filed
- Records fee: paid to obtain medical bills and charts
- Deposition cost: paid for transcripts and videographers
- Expert cost: paid for opinions, reports, and trial testimony
What does it cost to file the lawsuit?
Filing fees depend on the court. Federal court charges a fixed amount at filing. According to the U.S. District Court for the Northern District of Texas, filing a federal civil action costs $405 under 28 U.S.C. §1914(a), as listed in the court fee schedule.
You pay this amount when you file the complaint. State courts vary more widely. Service, motions, and trial exhibits can add smaller charges. Depositions and experts usually drive litigation spending. Ask for an early cost estimate tied to your case plan.
Who pays costs if you lose or win?
"No fee if you lose" usually means no fee for the lawyer's time. It does not always erase advanced case costs. Your agreement controls whether you still owe filing fees, records charges, deposition bills, or expert costs after a loss. Trial cases can leave costs in the thousands even without a fee owed.
Ask whether the firm waives costs on a loss or bills you later. Compare offers on this point before hiring. A win can shift some costs to the other side. Under Federal Rule of Civil Procedure 54(d)(1), costs other than attorney fees generally go to the prevailing party unless a law or order says otherwise. Check whether your state court follows a similar cost rule.