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My attorney is advancing the cost of litigation of my personal injury case which is "including but not limited to court filing fees, deposition fees, expert witness fees, photo copies, faxes, postage, mileage, phone calls, express mail, medical records, medical bills, court reporter bills, trial exhibits, photographs, video tapes, audio tapes, and other costs necessary in preparation……." My case has already been settled and I am going to court to finish the process in a few days and I was just wondering if anyone knew roughly what the amount they would charge in litigation fees. I am already paying 20% for attorney fees and as far as I know all the attorney has had to do is get my medical records, speak to me on the phone probably 5 times, and sent me to a DR that they paid for so I could get an impairment rating. So if you have any idea how much this "litigation cost" will be please let me know. I am in the US also. Thank you
2 comments on this topic
24. March - 7:27 pm
It depends on the case and can vary. Do you know if any expert witnesses were consulted? To have an expert witness review and provide a written report a medical file generally requires a $6,000 retainer. If there were depositions of expert witnesses, this could easily involve another $6,000.
If the only thing that happened in your case was that a summons and complaint was filed and served, medical records were obtained, copies were made, and faxes were sent and received – the costs should not exceed $1,500. If an expert was retained to review your medical records (standard practice to give an attorney an idea of what your claim is likely to be worth), you should expect to add another $2,500 to $6,000.
You should be able to contact your attorney and ask for a preliminary amount. Your attorney should keep detailed records of the costs – and the information should be readily available.
24. March - 7:27 pm
There may have been a bunch of work they did in the background. Your attorney might have spent several hours on the phone negotiating with the other party. There may have been a deposition that you weren’t directly involved in. You kind of have to trust your lawyer to not be ripping you off (yeah, it’s a stretch – I know). And lawyers charge for every little thing.