Case costs

What are case costs?

Case costs are the expenses of prosecuting a claim, as distinct from the attorney's fee for their time and judgment.

In a contingency arrangement the firm typically advances these expenses and is reimbursed from the recovery at the end.

They are real money spent on your behalf during the case, frequently before anyone knows whether there will be a recovery at all.

For that reason firms are selective about which cases justify substantial cost investment, particularly where available coverage is limited.

They are also the reason a firm will decline a case that is legally sound but economically unviable, which surprises people who assume any valid claim is worth bringing.

What do case costs cover?

Expenses vary enormously by case type and complexity.

• Court filing fees and service of process
• Medical records and imaging retrieval
• Deposition transcripts and court reporter charges
• Expert witness review, report preparation and testimony
• Accident reconstruction and investigation
• Trial exhibits, demonstratives and jury consultants where used

How much do they run?

A straightforward auto claim resolved before suit may involve modest costs limited largely to records retrieval.

A litigated case with multiple experts is a different order of expense entirely, and medical malpractice and product liability cases are the most expensive to develop.

This is why available coverage matters when evaluating whether a case can be pursued economically, since costs must be recovered from what is actually collectible.

How do costs affect what you receive?

They are deducted from the recovery alongside the attorney fee and any liens, so the gross figure and your net differ substantially.

The order matters. New Jersey computes the contingency fee on the net recovery after costs are deducted, which is more favourable to clients than the alternative.

You are entitled to an itemized settlement statement showing every deduction, and reviewing it before signing anything is worthwhile.

Asking for a running cost figure partway through a case is entirely reasonable and most firms will provide one.

Common questions

Do I owe costs if we lose?

It depends on the agreement. Many firms absorb costs in unsuccessful cases, but this must be confirmed in writing rather than assumed.

Can I see an itemization?

Yes. You are entitled to a settlement statement itemizing every cost and deduction, and you should review it before funds are distributed.

Why are expert fees so high?

Experts charge professional rates for record review, report preparation, deposition and trial testimony. In malpractice cases they are frequently the largest single cost.