How much does it cost to sue someone? Learn about the common expenses you may incur in a lawsuit, including filing fees, litigation costs, and legal fees.
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Reviewed By Adam Ramirez, J.D.
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Filing a lawsuit is not free. You may need resources for the following expenses:
The most significant cost is usually your lawyer’s fee.
The first reaction people often have after suffering a legal wrong is to consider a lawsuit. However, the option to use litigation should not be taken lightly. Filing a lawsuit can be costly in time, money, and effort. You must be sure that the benefits you expect from the lawsuit will outweigh its costs.
Under the American Rule, each party bears its own litigation expenses. Thus, you will only get reimbursed by the losing party for your legal fees and costs in very narrow situations. Most of the time, whatever you spend on your lawsuit will fall on your shoulders whether you win or lose.
Additionally, you must weigh your likelihood of success. Even if you have a reasonably good chance of succeeding, you could still lose and bear the litigation costs with no award to pay for it.
How much does it cost to sue someone? The answer is highly dependent on your location. Some components that go into answering “How much does it cost to file a lawsuit?” include the following:
How much does a lawyer cost to sue someone? Millions of attorneys practice law in the U.S., and the attorney fees they charge vary widely by state and even by county.
A survey by the American Bar Association shows that about half of all litigation lawyers in Washington D.C. charge between $700 and $950 per hour. This is significantly more than the legal fees in most other cities, including large, expensive metro areas like Los Angeles and New York City.
Thus, just having a lawyer investigate the claims and write a complaint to start a lawsuit could cost thousands of dollars, depending on the nature of the claim. For example, if you’re looking at the average cost of a lawsuit, complex areas of law like patent infringement and antitrust claims are more expensive than common fields like contract law or real estate law.
How much does it cost to file a civil suit? Court costs also vary widely. The filing fees in some states might hover around $100, while other states might charge several hundred dollars for filing a complaint.
Some states also charge a fee for the defendant’s answer, while others allow the defendant to answer for free. Still others charge a fee when the answer contains a counterclaim against the plaintiff.
These expenses are not the same for all lawsuits. Some attorneys, such as antitrust or patent lawyers, charge more because they have unique qualifications. Similarly, certain cases, such as an eviction or a truck accident lawsuit, might cost less because more lawyers are qualified to take them.
Additionally, the costs you incur for investigation and analysis can increase with the complexity of the case. For example, a wrongful death lawsuit against the manufacturer of a defective product might require hundreds of hours of expert witness work.
These costs could be expensive enough to file the product liability case as a class action lawsuit to spread the fees across many plaintiffs.
Filing the lawsuit is only the start of the costs you could face in a lawsuit. You will incur costs during the lawsuit. How much does it cost to sue someone without a lawyer? Even if you do not incur any legal fees, you will still have litigation expenses.
Litigation expenses cover the hard costs incurred during the case. Some examples of litigation costs include the following:
Expert witnesses can analyze evidence and render opinions. In court, an expert witness can provide testimony about subjects they did not witness but instead determined using their knowledge, skill, or experience. Some examples of experts you might need for your case include the following:
These experts help the jury understand what might have occurred according to a rigorous analysis of the facts. Thus, a damages expert might explain how a plaintiff’s disability will affect their ability to earn a living over their remaining lifetime.
One of the early stages in a lawsuit is called discovery. During discovery, the parties exchange evidence that they plan to use in their case. This process minimizes surprises and ensures that the case is fully litigated.
A tool often used in discovery is a deposition. In a deposition, a witness gives sworn testimony on the record. The deposition gives both parties a preview of what the witness will say in court if called to testify.
Depositions can be expensive. Since the deposition is conducted on the record, the party scheduling the deposition must hire a court reporter to tape the deposition and create a transcript.
Depending on the type of case and the issues involved, you might incur additional costs. If you have to file your case in a different state, you might incur travel expenses for you and your lawyer.
You could incur storage and copying fees if you have a document-intensive case. For example, business litigations can produce hundreds or even thousands of boxes of documents that must be cataloged, stored, and copied during the case.
You and your lawyer will agree on legal fees before work begins. Legal fees typically fall into these categories:
Lawyers decide which particular fee structure to use. Thus, you may need to shop around to find one who charges your desired fee.
Lawyers generally charge fees to negotiate settlements with at-fault parties and their insurers. While you would still pay a portion of your settlement check to your lawyer under a contingency fee agreement, you can avoid litigation costs by negotiating a settlement.
Two financial assistance options give you the ability to file a lawsuit when you are short on funds. First, a contingency fee lawyer will often advance money to pay for hard costs associated with your case. For instance, the lawyer may pay your court filing fees. At the end of the case, you reimburse the lawyer from the winnings.
Second, companies may loan you money in exchange for the right to your settlement or court award. For example, the company might determine you can win $100,000 and you have a 70% chance of winning, valuing your case at $70,000. The company loans you $35,000 and, if you win, it takes all the winnings in exchange for the risk it shouldered.
As you interview lawyers for your case, consider both their fees and experience. You might pay higher fees for more skilled lawyers. However, these lawyers might also resolve your case more quickly.
Conversely, less experienced attorneys may charge less, but might take longer and get less than a seasoned lawyer.
While lawsuits are often expensive, they may be necessary. ConsumerShield is dedicated to helping people understand and protect their legal rights. Contact us for a free case evaluation to discuss your case and a referral to a lawyer who can help you understand your potential costs.
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Sarah Edwards is a seasoned legal writer with more than a decade of experience.
A small claims court filing will typically cost less than a regular lawsuit. This system is designed to help resolve low-value claims. You typically do not need a lawyer in small claims court, although you can hire one if you choose. Additionally, states usually set the filing fee reasonably low.
Suing a business often costs more than suing an individual. Businesses must usually hire a lawyer for lawsuits. Specifically, most states do not allow businesses to represent themselves in court. Thus, you will typically face a lawyer when suing a business. As a result, you will probably need an attorney.
The legal fees for suing for injuries resulting from an assault or even negligence will often come out of the compensation you recover. This type of fee is called a contingency fee. Instead of paying accident lawyers upfront or during the case, you pay a percentage of any compensation won.
Contract cases usually cost less than other cases to litigate, but the fees will depend on the complexity of the agreement. The difference with contract cases is that contracts often have fee clauses allowing the winning party to get reimbursed by the losing party for their legal fees and costs.
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