Who Pays the Court Fees in Louisiana for a Personal Injury Suit?

When you decide to pursue a personal injury lawsuit in Louisiana, you may wonder who bears the financial burden of the court fees associated with the case.

Depending on the case type and the evidence presented, various court fees can be associated with a personal injury lawsuit. Review your case with our Louisiana personal injury lawyers at Dudley DeBosier to help you estimate costs for your case and understand how and when court fees are paid.

Typical Court Fees in a Personal Injury Case

When you file a personal injury lawsuit in Louisiana, you’ll encounter various court fees throughout the legal process. These fees help cover the administrative and operational costs of the court system.

While the exact amount of fees can vary depending on the specifics of your case and the jurisdiction, typical examples of court fees include:

• Filing fees: Filing fees are required when you initiate your personal injury lawsuit. They cover the cost of processing your complaint and starting your claim with the court system.

• Service of process fees: These fees cover the expenses of serving legal documents to the parties involved in the lawsuit, including the defendant, their legal team, and their insurer.

• Photocopying and documentation fees: Court fees can encompass expenses related to handling paperwork, such as managing evidence and legal documents. This typically includes charges for photocopying and processing documentation.

• Motion fees: These fees are incurred for filing various procedural requests during the lawsuit, such as a Motion to Compel for obtaining necessary documents from the opposing party.

• Deposition fees: If depositions are necessary in your case, you may be responsible for fees related to court reporters, transcripts, and copies of deposition transcripts.

• Expert witness fees: You may require expert witnesses to testify on your behalf. This can mean fees covering travel, review of documents, additional research, and time in court by the expert.

• Mediation and arbitration fees: Some personal injury cases may be resolved through alternative dispute resolution methods like mediation or arbitration. These processes often involve additional fees.

• Appellate court fees: If either party decides to appeal the court’s decision, additional fees are associated with the appellate process.

Who Pays for Court Fees During the Case?

In personal injury lawsuits in Louisiana, it’s common for law firms to cover court fees as they occur to ensure the smooth progression of the case. In most personal injury cases, law firms work on a contingency fee basis, meaning they recover these costs from any settlement or judgment awarded.

Under a contingency fee arrangement, the law firm agrees to represent you without charging upfront fees. Instead, they will take a percentage of your settlement if the case is successful. This fee structure incentivizes attorneys to invest their time and resources in your case because their payment depends on your success.

When and How Much Will You Pay as the Plaintiff?

In a Louisiana personal injury lawsuit, a contingency fee agreement with your attorney usually allows you to avoid upfront financial obligations. This arrangement means you won’t have to pay any fees at the outset of your lawsuit.

If your case succeeds and you receive a settlement or judgment, you will owe your attorney a percentage of the amount awarded. This is usually between 33% and 40% of the total settlement. This fee covers the attorney’s legal representation throughout the case.

However, this usually excludes court fees and other associated costs such as filing fees, expenses for acquiring medical records, fees for expert witnesses, and deposition charges. These costs are initially covered by the attorney but are later reimbursed from the settlement or judgment amount before calculating the attorney’s fee.

Make sure to discuss and understand the handling of these additional costs during your initial consultation. They should be clearly outlined in your representation agreement per Rule 1.5(c) of the Louisiana State Bar guidelines.

Get Experienced Legal Representation for Your Personal Injury Case

If you need legal representation for a personal injury case in Louisiana, speak with our experienced attorneys at Dudley DeBosier. We can guide you through the process and help you understand the potential costs.

We work hard to help secure our clients full compensation through pre-trial settlements, saving our clients the added time and expense of going to court. However, sometimes going to court is the best way to ensure our clients get the money they deserve. When this happens, we strive to ensure our clients’ awards cover all of their expenses, including court fees.

Dudley DeBosier wants to provide you with the legal assistance and advice you need. Contact our legal team today to discuss your case, potential fees, and next legal steps.

Disclaimer: This content has been reviewed by Chad Lederman, Director of Legal Operations at our New Orleans office.

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