How much does it cost to bring a case to trial?

Asked by: Delta Dicki  |  Last update: December 11, 2025
Score: 4.6/5 (43 votes)

Trials cost each party $2,000 a day and up, depending on the number of attorneys representing the party. Expert witnesses' fees and expenses can add another $1,000 to $2,000 a day for every day or part of a day that the witness must be in court.

Why is it expensive to go to trial?

It costs the taxpayers the use of the courtroom in which the trial is held. This is what the courtroom is for, but it's a cost. It costs the taxpayers the use of the judge's time. Judges have extensive dockets with many cases. While the trial is going on, the judge cannot hold other hearings or do other work.

Is it better to take a case to trial?

Generally speaking, if there are no factual issues in dispute, a court trial would serve you well. When there are disputed facts, you normally have a better chance convincing a jury than a judge to see things your way. Remember, a jury is strictly the finder of facts in a trial.

How much does it cost to hold a trial?

How much does it cost for the state to take someone to trial? It depends on the severity of the crime. For example a death penalty trial in California can cost an estimated 1.94 billion dollars. According to one source it costs California $150,000 to put one drug dealer on trial.

How much does it cost an insurance company to go to trial?

Outside counsel costs of anything from $100 to $300 per hour. With trials capable of running upwards of 50 to 60 hours, the insurance companies can start by facing a cost of anything from $5,000 up to $20,000, win or lose! Expert witness testimony may be required by the insurance companies to fight their case.

How Much Does It Cost To Take A Case To Trial?

23 related questions found

How much does it cost to take a case to trial?

Trials cost each party $2,000 a day and up, depending on the number of attorneys representing the party. Expert witnesses' fees and expenses can add another $1,000 to $2,000 a day for every day or part of a day that the witness must be in court.

Do insurance companies usually settle out of court?

Thankfully, insurance companies often settle claims outside of court, and you are most likely to get the best offer with strong evidence and the help of a lawyer.

What are the odds of going to trial?

There are many, many other cases which never get filed with the court because they are settled prior to filing a lawsuit through settlement negotiations. Ultimately, if you have a reasonably strong case, there is less than a 5% chance your case will go to trial. So what happens to all the cases that never go to trial?

Who pays trial fees?

While each side usually pays its own legal fees (known as the American Rule), sometimes the court can make the person who loses pay some or all of the winner's lawyer fees and related costs. These can include filing fees, copying charges, payments for expert witnesses, and other costs that come up during a court case.

Can a defendant demand a trial?

Parties may make the jury trial demand separately or include it in a pleading (FRCP 38(b)). In practice, a plaintiff who desires a jury trial typically makes its demand in the complaint, while a defendant typically demands a jury trial in its answer or counterclaims.

How soon do most cases go to trial?

In federal court it is pretty routine to have a case set for trial within 12-18 months of filing. In state courts, however, the amount of time it takes to get to trial can vary widely county to county.

Is it better to settle out of court or go to trial?

An out-of-court settlement can offer a quicker resolution, allowing you to potentially receive compensation and move forward with your life sooner. Reduced Costs: Trials can incur substantial expert witness costs, preparation expenses, and court expenses.

How much evidence is needed to go to trial?

When a lawsuit goes to trial, there are several evidentiary standards the California courts use to reach a conclusion. The basic standard, a “preponderance of evidence,” is necessary to demonstrate that it is more likely than not that certain allegations are true.

Is a jury trial expensive?

Jury trials tend to take much longer than bench trials and require more resources. This can increase the cost of having a trial significantly. Additionally, because jurors must come to an agreement unanimously on the outcome of the case, this can lead to long deliberations and deadlocks.

Why do most cases never go to trial?

But most cases end pursuant to a plea bargain. Plea deals often make sense for both sides. The government doesn't have the resources to try every case. Plus, it sometimes doesn't want to run the risk of acquittal.

Do most lawyers go to trial?

Most legal matters are managed without the need to appear in court. As a result, most lawyers are not directly involved in litigation. This is an important factor to understand when you're choosing an attorney as the type of attorney that you choose could greatly impact the outcome of your case.

Do trials cost money?

Court Filing Fees and Administrative Costs

While these fees are generally lower than attorney fees, they add to the overall cost. Additional costs may include fees for motions, subpoenas, or accessing court records. It's important to factor in these expenses when budgeting for your trial.

Will a lawyer take a losing case?

If they can't sufficiently prove your case, a personal lawyer may refuse to take it. Remember, lawyers, do not like to take cases they don't think they can win. A lot of hours go into preparing a lawsuit involving more people than just the attorneys.

Do you wait in jail for trial?

The criminal justice system can be very slow. It may take weeks or months after an arrest before your court date. During this time, the court could keep you behind bars for pretrial detention. The court can also release you with a promise to appear or make you put up money as security for pretrial release.

What percentage of cases settle before trial?

Kiser, principal analyst at DecisionSet, states, “The vast majority of cases do settle — from 80 to 92 percent by some estimates.” Other sources even claim that this number is closer to 97 percent. However, not all cases are created equally.

What percentage of trials are successful?

Clinical trials are an essential process in the development of new drugs. In spite of time-consuming processes and high costs, the overall success rate of clinical trials is only 7.9%, which is a high risk for biopharmaceutical companies.

Why do lawyers want to settle out of court?

Settlements are generally faster, less costly, ensure privacy, and are less stressful compared to trials. Trials may lead to higher compensation and public accountability for the defendant but involve uncertainties and higher costs.

What happens if you don't agree with insurance settlement?

File a Lawsuit

You can initiate a personal injury lawsuit if you and the insurance company can't agree on a settlement value. Filing a trial will bring the matter before a judge or jury who may decide to award the damages per your request.

Do most lawsuits settle out of court?

This point is important for two reasons. First, more than 90% of all lawsuits are settled out of court, most of them virtually on the courthouse steps after months or years of preparation and expense.