📌 Key Takeaway: Attorney fees pay for the lawyer's work. Case costs — filing fees, expert witnesses, medical record requests — pay for building the case itself, a genuinely separate category most clients don't distinguish clearly upfront.

What Counts as a Case Cost

  • Court filing fees
  • Expert witness fees (medical experts, accident reconstruction specialists)
  • Medical record retrieval fees
  • Deposition and court reporter costs
  • Investigation expenses

Who Pays if the Case Is Unsuccessful?

This varies by specific agreement — some contingency agreements make the client responsible for case costs even if the case doesn't succeed (no fee is owed, but costs might still apply), while others absorb this risk entirely on the attorney's side. This distinction is important enough to confirm explicitly before signing.

How Costs Are Typically Advanced

Most personal injury attorneys advance case costs on the client's behalf as the case progresses, then recoup them from the eventual settlement — meaning clients generally don't pay out of pocket during the case itself, only at final resolution.

Requesting an Itemized Breakdown

Before signing, it's reasonable to ask for a rough estimate of anticipated case costs based on similar past cases the firm has handled — while exact costs can't be predicted precisely, an experienced attorney should be able to give a realistic range based on your specific case type and complexity.

Frequently Asked Questions

Can case costs be significant on a smaller case?

Yes — cases requiring expert witnesses or extensive medical record retrieval can accumulate meaningful costs regardless of the ultimate settlement size, which is part of why understanding the cost structure matters even for cases that seem straightforward.

Will my attorney tell me about costs as they accrue?

Reputable attorneys typically provide itemized cost accounting at settlement, and many will discuss significant anticipated costs (like a major expert witness) with you before incurring them — worth asking about their specific communication practice upfront.