Who Pays the Costs in a Personal Injury Case?

One of the more common questions I get asked is who is going to pay the costs in a personal injury case.  The short answer is that von Magdenko & Associates, PLLC, always pays for the costs of the case.  However, not every law firm does this, so when choosing a personal injury lawyer, this should be one of your main questions.

In the more common rear-end car accident, the insurance company of the at fault driver, settles the case relatively quickly after the client has finished treating., which is usually 3 to 6 months after the car accident takes place.  So, the only costs are those with getting the police report and ordering the medical records.  In those cases, almost all personal injury attorneys pay the costs of the case.

However, in cases where the insurance company does not offer a reasonable settlement or no settlement at all, then the costs increase.  Insurance companies generally do not settle for a reasonable amount for a series of reasons, which will be discussed in a future blog.  However, for now, when litigation is needed, many personal injury attorney’s don’t pay for the costs of the lawsuit and instead expect the client to pick up the tab.  

At von Magdenko & Associates, PLLC, the client never pays for costs.  When a lawsuit is filed, immediate costs include the filing fee for the lawsuit itself and the cost to hire a process server to personally serve the lawsuit on the at fault party.  

If the case is more complicated and does not settle immediately after filing of the lawsuit, then depositions, where court reporters and videographers are required and in cases where expert witnesses are needed, costs can and do go into the thousands of dollars.

Please stay tuned for future blogs.  Our next talk will be on reasons by insurance companies do not settle, which is another issue that comes up repeatedly in personal injury cases.