The Cost of Taking a Personal Injury Lawsuit to Trial

Staff Writer | October 24th, 2017

The cost of litigation is highest in the roughly 10% of civil cases that go to trial, but a significant portion of the costs are incurred before that point, often in the preparation in the final weeks leading up to trial. As litigation costs rise, it often pressures personal injury victims to take an offer for less than the case is worth. Lawsuit funding eliminates this need, providing funds for court fees, expert witnesses, and even day-to-day living costs until the proceeding concludes.

Costs involved in taking a personal injury case to trial

The costs involved in a personal injury case vary based on the situation but they fall generally into a few categories:

  • Court fees – Court fees begin with the initial filing of the complaint. Later they can include the costs of a court-ordered mediator and a deposit to impanel a jury.
  • Witness fees – Expert witnesses are necessary whenever the plaintiff needs to establish something outside the realm of common knowledge. In a personal injury case, the plaintiff may need to retain experts such as a doctor to explain the injuries and/or prognosis, a bio-mechanical expert to explain how the body was impacted, a mechanical engineer to show a product worked or did not work, and even an accountant to explain the financial impact of the injury. Part of the cost arises well before trial when experts prepare formal reports and give depositions. Their costs increase when they are called to testify in person at trial.
  • Exhibits – The cost of producing exhibits, documents, and the like can be substantial. The likelihood of proving a case may be improved dramatically by illustrating to a jury what happened. Costs can include producing many copies of voluminous exhibits, creating poster-sized versions of important photos and documents, and even preparing computer animations of the accident.
  • Legal fees – In most personal cases, an attorney will work on contingency, so the client will not owe a fee unless they win the case, and then the fee is subtracted from the award. It is still important not to overlook these fees when doing an analysis of costs and benefits.
  • Cost of living – Probably the most overlooked is the cost of putting life on hold while awaiting trial. Many plaintiffs settle early because bill collectors are calling for funds that will not be available until the case is settled. Trial may mean a week or more off of work for the victim and immediate family.

With lawsuit funding, you don’t have to settle your case early

A lawsuit loan answers the question of how to pay the immediate costs now in order to stay in the case for maximum compensation. From court costs to daily life expenses, the nearly immediate availability of lawsuit funds means personal injury victims can focus on what matters most – seeing the case through so justice can be served.

Legal loans from LawStreet Capital is quick and risk-free. After applying, you receive a decision within 24 hours and can have the funds in hand overnight after approval. Call today to speak with a skilled representative or fill out an online request form.

Additional “personal injury trial costs” resources

  1. University of Denver IIALS Online, Study on Estimating the Cost of Civil Litigation Provides Insight into Court Access,
  2. National Center for State Courts, Estimating the Cost of Civil Litigation,