When pursuing a personal injury claim, most individuals focus on potential compensation for medical bills, lost wages, and pain and suffering. However, few are fully prepared for the various court-related costs that may arise if a case proceeds to litigation. These expenses can significantly affect the overall financial outcome of a claim, especially when not properly anticipated.

Understanding the typical court costs involved in a personal injury case empowers claimants to make informed decisions about strategy, budgeting, and settlement negotiations. Below is a breakdown of common court-related costs that personal injury plaintiffs may encounter.

What Are Court Costs and How Are They Different from Attorney’s Fees?

Before breaking down specific types of costs, it’s important to distinguish between court costs and attorney’s fees. Court costs refer to expenses necessary to move a case through the legal system. These are often paid to third parties—such as the court clerk, expert witnesses, or document providers—regardless of the outcome.

Attorney’s fees, on the other hand, refer to the compensation paid to legal counsel. In most personal injury cases, lawyers work on a contingency basis, meaning they are only paid if the client recovers compensation. However, court costs are usually the plaintiff’s responsibility whether the case is won or lost.

Typical Court Costs in a Personal Injury Lawsuit

Filing Fees

To initiate a lawsuit, plaintiffs must pay a filing fee to the court. This fee varies by jurisdiction but generally ranges from $100 to $500. In some cases, if multiple motions are filed throughout litigation, additional fees may be required.

Service of Process

Once a complaint is filed, the defendant must be formally notified. This notification process, known as service of process, involves delivering legal documents through a sheriff, process server, or certified mail. Costs typically range from $50 to $150 per defendant, depending on the method used and the location of the party being served.

Court Reporter Fees and Deposition Costs

Depositions are often a central component of personal injury litigation. They allow attorneys to record sworn testimony from witnesses, experts, or parties before trial. Court reporters charge for their time and for transcribing the testimony. Transcripts can cost $3 to $6 per page, and full-day depositions may run between $400 and $1,000 or more.

Expert Witness Fees

Expert testimony is often essential in personal injury cases—especially when proving causation, long-term damages, or technical issues like accident reconstruction. Medical experts, vocational specialists, and economists may be hired to provide reports or testify in court.

Expert witness costs can be substantial:

• Case review and written reports: $500 to $2,500
• Courtroom testimony: $250 to $750 per hour
• Full-day testimony: $2,000 to $5,000

These figures vary significantly depending on the expert’s field and reputation.

Medical Records and Documentation Fees

Obtaining medical records to support a claim is critical, but it isn’t always free. Hospitals and providers may charge per-page copying fees and administrative costs. Under federal HIPAA guidelines, patients can be charged reasonable fees, which usually fall between $0.25 and $1.00 per page, plus handling or postage.

Subpoena and Records Retrieval

When third-party documents or testimony are required—such as employment records or surveillance footage—a subpoena may be necessary. The cost of preparing and issuing a subpoena, combined with service fees and retrieval costs, can range from $100 to $300 or more, depending on the number and complexity of requests.

Trial Preparation and Exhibits

Preparing a case for trial often involves creating demonstrative exhibits like charts, animations, or diagrams to help a jury understand the injuries or accident sequence. Professional exhibit production can cost anywhere from $500 to $5,000, depending on the complexity and technology involved.

Jury Fees

In some jurisdictions, the party requesting a jury trial must pay a jury fee. While this cost is usually modest—typically under $150—it’s still an expense to factor into overall litigation costs.

Interpreter and Translation Services

If a witness or party speaks a language other than English, certified interpreters may be required for depositions or trial. These professionals typically charge $50 to $200 per hour, and costs increase with longer sessions or highly technical translations.

Who Pays These Costs?

In many personal injury cases, law firms front the costs of litigation and deduct them from the final settlement or court award. However, this practice varies. Some firms require clients to reimburse expenses regardless of the case outcome, while others absorb the costs if the claim fails.

It’s essential to understand your retainer agreement and clarify how court costs will be handled. Miscommunication on this point can lead to unpleasant surprises after resolution.

Recovering Court Costs in a Lawsuit

When a plaintiff prevails in court, some states allow for the recovery of reasonable court costs from the losing party. However, this is not guaranteed and often does not cover every out-of-pocket expense. For example, while filing fees and service costs may be reimbursed, expert witness fees may not be.

Even if a settlement is reached out of court, court costs are typically subtracted from the plaintiff’s portion of the settlement—not paid directly by the defendant.

Why Court Costs Should Factor Into Settlement Decisions

Many personal injury cases settle before reaching trial, often to avoid the rising costs of litigation. Plaintiffs should consider these expenses when deciding whether to accept a settlement offer or proceed to court. In some instances, a modest settlement may yield a higher net recovery than a prolonged trial that racks up thousands in court costs.

Working with an experienced attorney can help clients evaluate the potential return versus the financial risk associated with litigation. A seasoned lawyer can also minimize unnecessary expenses by streamlining discovery and narrowing the scope of expert testimony.

Conclusion

Court costs in a personal injury claim can be substantial, and their impact is often underestimated by claimants. From filing fees to expert witnesses, these expenses can influence both the strategy and the final payout of a case. While some costs may be recoverable, many are borne by the plaintiff, win or lose. Understanding and preparing for these expenses early in the process can help injured parties make smarter legal and financial decisions throughout their case.

Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away

If you’re dealing with a personal injury claim, having a knowledgeable attorney on your side is important. At Brandon J. Broderick, Attorney at Law, we have experience handling personal injury cases. Our team is committed to protecting your rights and securing the best possible outcome for your case.

Contact us today for a free consultation.