Cost to File a Lawsuit in Michigan

You’re driving home from work after another long and tiring day, thinking about evening plans you’ve been looking forward to for a while. Suddenly, another car runs a red light at Sprinkle Road and Cork Street and crashes into you on the passenger side, leaving you with a totaled car, medical bills, and weeks of physical therapy ahead. 

This scenario is unfortunately all too common: according to the Michigan State Police, nearly 288,000 traffic accidents occurred across the state in 2023. Many people in your position find themselves wondering what steps to take next, particularly when it comes to filing a lawsuit to recover damages.

Understanding the costs associated with filing a lawsuit is critical for anyone considering legal action, especially in personal injury cases. From initial filing fees to attorney fees, the expenses can add up quickly, making it essential to know what you’re getting into before proceeding. In this blog, the team at Conybeare Law Office breaks down the costs you need to be aware of when filing a personal injury lawsuit in Michigan.

Cost to Sue Someone Civilly for Personal Injury

A personal injury lawsuit allows the victim of a preventable accident to seek compensation for damages such as medical expenses, lost wages, pain and suffering, and other related costs. Common reasons for personal injury lawsuits include slip and fall incidents, car accidents, dog attacks, and workplace injuries.

Filing Fees

When initiating a personal injury lawsuit in Michigan, one of the first expenses you’ll encounter is the filing fee. In Michigan, filing fees for personal injury lawsuits typically range from $150 to $200, but they may differ between district courts and circuit courts. District courts generally handle cases involving claims up to $25,000, while circuit courts handle cases involving higher amounts. Each court has its own fee schedule, so it’s important to check with the specific court where you plan to file.

Service of Process Fees

Service of process is a critical step in any lawsuit, including personal injury cases. It involves formally delivering legal documents, such as the summons and complaint, to the defendant (the at-fault party) to notify them of the legal action. Personal service of process ensures that the defendant is aware of the lawsuit and has an opportunity to respond. 

In Michigan, the cost of serving legal documents can vary, but it generally ranges from $20 to $100 or more, depending on the method used and the distance traveled by the process server. If the defendant is difficult to locate or avoids being served, additional attempts and costs may be incurred.

Court Reporter and Transcript Fees

Court reporters play a vital role in personal injury cases by creating a written record of all proceedings. Accurate transcripts of depositions, hearings, and trials are essential for ensuring that all testimony and statements are properly documented.

The fees for court reporters and obtaining transcripts can vary. Typically, court reporters charge an hourly rate and transcripts can cost around $1.75 per original page and 30 cents per page for copies. The total cost will depend on how long or complicated the proceedings are.

Examples of Various Costs in Personal Injury Lawsuits

Filing a personal injury lawsuit involves several types of expenses that can add up quickly. These costs go beyond the initial filing fees and include a range of activities necessary for building and presenting your case. From gathering evidence to negotiating acceptable settlements, understanding these costs can help you better prepare for the financial aspects of your lawsuit. 

Discovery Costs

Discovery is a critical phase where both parties exchange information pertinent to the case. This process includes depositions, interrogatories, and document production.

• Depositions: This is where witnesses provide sworn testimony outside of court, which can be costly due to court reporter fees and potential travel expenses. Depositions may also require attorney preparation time, adding to the expense. Travel costs for attorneys and witnesses can further increase the total cost.
• Document Production: Gathering and copying relevant documents can become expensive depending on the volume of materials. Costs include photocopying documents. In cases involving extensive evidence, electronic discovery (e-discovery) may be necessary, requiring specialized software and expertise, which can be costly. 

Expert Witness Fees

Expert witnesses provide specialized knowledge that can help substantiate claims. Their testimony can be pivotal in demonstrating liability or the extent of injuries. Fees for expert witnesses can vary widely based on their expertise and the complexity of the case. Costs typically cover their time for reviewing case materials, preparing reports, and testifying in court. Travel and accommodation expenses may also be incurred if the expert needs to appear in person.

Mediation and Arbitration Costs

Alternative dispute resolution methods like mediation and arbitration can help avoid lengthy court battles.

• Mediation: A neutral third party helps both sides reach an equitable settlement. Costs include mediator fees and possibly venue expenses. Mediation is less expensive than going to trial but the cost can still be significant, especially if multiple sessions are needed.
• Arbitration: This is a more formal process where an arbitrator makes a binding decision. Costs include arbitrator fees and administrative expenses. Arbitration can be more cost-effective than a full trial but still involves substantial fees.

Medical and Other Record Retrieval Fees

Obtaining medical records and other relevant documents, including police and fire reports, photographs and other investigatory materials, employment and school records, and other financial statements, is essential in personal injury cases. These fees cover the cost of accessing and copying records, which can add up if multiple providers are involved. Additional costs may include administrative fees charged by healthcare and other facilities for processing requests.

Miscellaneous Costs

Several additional expenses can arise during a personal injury lawsuit:

• Travel Expenses: This includes costs for attending hearings, depositions, and other case-related meetings. Travel expenses can include mileage, lodging, and meals, especially if the case requires travel over long distances.
• Copying and Mailing Documents: This category covers expenses for duplicating and sending necessary paperwork to various parties. While seemingly minor, these costs can add up throughout a lengthy legal process.

How Much Are Attorneys Fees?

Most personal injury attorneys work on a contingency fee basis. This means that they only collect their fee if you win your case. In contrast, some may charge hourly rates, billing for each hour of work they perform.

• Contingency fees are usually 33 ⅓% of the settlement or judgment amount. 
• A retainer fee is an upfront payment made to secure an attorney’s services. It serves as a deposit against future legal costs and expenses. While less common in personal injury cases due to the prevalence of contingency fees, they may be required in certain situations.

Do You Need an Attorney for a Personal Injury Case?

When faced with a personal injury case, deciding whether to hire an attorney is a major consideration. While some people might decide to handle their claims independently, there are several factors to weigh before making this decision.

Pros and Cons of Hiring an Attorney for a Personal Injury Lawsuit

Pros

• Attorneys know how to file documents correctly, meet deadlines, and follow procedural rules, which can be overwhelming for someone without legal training.
• Experienced attorneys are skilled negotiators who can advocate for higher settlement offers from insurance companies. They understand the tactics insurers use to minimize payouts and can counter these strategies effectively to ensure you receive fair compensation.
• Lawyers often have access to expert witnesses, investigators, and medical professionals who can provide critical testimony and evidence to support your case. This network can be invaluable in proving liability and demonstrating the extent of your injuries.
• Attorneys can accurately assess the value of your claim, considering factors like future medical expenses, lost wages, and pain and suffering. This ensures you seek appropriate compensation rather than settling for less than your case is worth.
•  If your case goes to trial, having a lawyer with courtroom experience can positively affect the outcome. They can present your case persuasively, cross-examine witnesses, and navigate the complexities of trial procedures.

Handling a personal injury case on your own can be stressful and time-consuming. An attorney can manage the legal aspects of your case, allowing you to focus on recovery and other personal matters.

Con:

Hiring an attorney can be expensive, especially if they charge hourly rates or require a substantial contingency fee. If you only have minor injuries or property damage, you may be able to handle your personal injury claim on your own.

Situations Where Legal Representation Is Strongly Recommended

Cases involving significant injuries, longer-term disability, or disputed liability often require the expertise of an attorney to ensure all aspects are adequately addressed. When the potential compensation is substantial, having an attorney also can help secure the maximum possible settlement or verdict. Attorneys can accurately assess the value of your claim, including future medical expenses and lost wages.

Personal injury cases with multiple defendants, such as car accidents with several vehicles, can also be challenging to manage without legal assistance. An attorney can help ensure that all liable parties are addressed and your interests are protected. While there are costs involved, the expertise and resources an attorney brings can positively impact the outcome of your case.

Get a Free Consultation From a Michigan Personal Injury Lawyer

Understanding the various expenses involved—from filing fees and discovery costs to attorney fees and additional charges—helps you prepare financially and make informed decisions about your personal injury case. Whether you choose to hire an attorney or handle the case on your own, knowing these details is essential.

If you need professional legal representation after suffering a personal injury,, Conybeare Law Office is here to help you understand your options and pursue the compensation you deserve. To schedule your free initial consultation with a personal injury attorney, call 269-769-BEAR or fill out this contact form. Remember: if it’s not fair, call the Bear!