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After a serious accident, many victims wonder how much their case might be worth. This makes sense, as they may be facing ever-increasing medical bills and unable to work.
However, they may overlook another important question: how much will it cost to take the case to trial? Accident cases that go to trial can involve significant costs, including trial preparation, court filings, and witness testimony.
One of the key reasons to hire a reliable personal injury lawyer in Phoenix is to have an expert help you to answer this question. There are pros and cons for cases going to trial and settling, and understanding their respective costs is an important step towards deciding what’s right for you and your case.
Even before getting into specific costs that accrue while in court, there are a few factors that make accident cases that go to trial more expensive.
The most basic reason is time. Settlements often aren’t exactly fast, but taking a personal injury case to court can take months or years. Settling an accident case might require only medical records, the collection of basic evidence, and negotiation with insurance companies.
Once a lawsuit is filed and a case is on the path to court, all parties involved in the accident begin the process of discovery. This can include depositions, expert evaluations, independent medical examinations, and document requests from numerous sources.
Lawyers on either side might spend months preparing evidence and gathering testimonies. When comparing legal fees for trials versus settlements, the time alone can make trials more expensive.
To dig into some of the specifics, here are some examples of costs that can accrue when taking an accident case to court:
These expenses all add up, and some cost more than others. For example, needing expert witnesses is a common reason for trials in car accidents, and these witnesses can be crucial but costly. As each side attempts to calculate the value of damages both now and in the future, medical specialists, vocational experts, and other professionals may be called to weigh in.
| Cost Category | What It Covers | Why It’s Needed |
|---|---|---|
| Court Filing Fees | Administrative and filing costs to initiate a lawsuit | Required to formally begin litigation in court |
| Expert Witness Fees | Medical experts, accident reconstruction specialists, vocational experts | Helps explain complex injuries, fault, and future damages |
| Deposition Costs | Transcripts and recording of sworn testimony | Preserves witness statements for trial use |
| Medical Evaluations | Independent medical exams and specialist reviews | Confirms injury severity and long-term impact |
| Accident Reconstruction | Technical analysis of how the crash occurred | Helps establish liability and fault |
| Discovery Costs | Document requests, subpoenas, and evidence gathering | Used to build and support legal arguments |
| Trial Exhibits and Visuals | Charts, diagrams, and presentations used in court | Helps judges and juries understand evidence clearly |
| Travel and Logistics | Attorney travel, client coordination, and case-related transport | Supports in-person court appearances and investigations |
| Mediation and Pre-Trial Prep | Settlement conferences and legal strategy sessions | Attempts to resolve case before full trial |
Of course, the expense of going to trial is enough to make a victim reconsider trying to litigate their case. Insurance companies might even use these high costs to discourage people from seeking a trial.
Many personal injury law firms take accident cases on a contingency fee basis, which means the victim doesn’t pay fees up front. Instead, the lawyer receives a percentage of the damages that are ultimately awarded.
Not every law firm does this, however, so it’s important to ask any lawyer you’re considering hiring how costs will be managed, especially if your case goes to trial.
The skilled team at Gage Mathers can help you understand all the costs your case might accrue, whether it goes to trial or not. We have a strong history of courtroom litigation and can make sure you only spend what you have to and that it’s money well spent.
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