Delaware Superior Court filing fees for personal injury cases generally range from $200 to $300, depending on the type of case and filing format. However, in personal injury cases handled on contingency, the law firm typically advances all litigation costs and recovers them only if the case is won. You pay nothing out of pocket to file.
Many Delawareans worry that filing a lawsuit will cost them money they do not have. The contingency fee model used in personal injury cases solves this problem. Most Delaware injury firms advance all costs and recover them only from settlement or verdict.
The Detailed Answer
Delaware litigation involves several types of costs, but contingency representation typically shifts the financial burden away from the client.
Court Filing Fees
Delaware Superior Court charges filing fees that vary by case type. The basic civil action filing fee is approximately $200 to $300. Court of Common Pleas fees are lower, around $75 to $125. These fees are paid at filing.
Service of Process
Service of the summons by the Sheriff or a private process server typically costs $40 to $150 per defendant, depending on location and difficulty.
Discovery Costs
Major discovery expenses include deposition transcripts (around $400 to $1,200 per deposition), medical record retrieval ($25 to several hundred dollars depending on volume), and qualified expert witness fees (which can range from $5,000 to over $50,000 in complex cases).
Trial Costs
Trial costs include qualified expert witness trial appearances, demonstrative exhibits, jury fees, and trial transcripts. A typical Delaware personal injury trial may cost $15,000 to $75,000 in advanced expenses.
The Contingency Fee Structure
Most Delaware personal injury firms operate on contingency, meaning the firm advances all litigation costs and the client pays nothing unless the case results in recovery. The firm’s fee is typically a percentage of the gross recovery (commonly 33% pre-suit, 40% after suit). Costs are then reimbursed from the settlement or verdict before net distribution.
Costs Recovered from Defendant
If you win at trial, certain costs (filing fees, deposition costs, certain expert fees) are typically taxed against the losing party under Delaware Superior Court Civil Rule 54.
What This Means for Your Case
You can almost always pursue a Delaware personal injury claim with no out-of-pocket cost. The contingency arrangement aligns your attorney’s interests with yours — they are paid only if you are. Read about auto accident representation, medical malpractice cases, and workers’ compensation.
Related Questions
Q: What if I lose the case?
Under most contingency agreements, you owe no attorney fee if you lose. Costs may be your responsibility under some agreements; review your retainer carefully.
Q: Are filing fees waived for low-income plaintiffs?
Delaware courts allow in forma pauperis filings for indigent plaintiffs, waiving filing fees with court approval.
Q: Can I recover my attorney fees from the defendant?
Generally no, except under specific statutory exceptions. Delaware follows the American Rule on attorney fees.
When to Talk to a Delaware Personal Injury Lawyer
The contingency model makes legal representation accessible to all Delawareans. Joseph M. Jachetti accepts qualifying personal injury cases on contingency. Free consultations: (302) 984-1000.
Free Consultation
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📞 Call (302) 984-1000
This page provides general legal information only. It is not legal advice and does not create an attorney-client relationship. For advice on your specific situation, contact Schuster Jachetti LLP.
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This page provides general legal information only. It is not legal advice and does not create an attorney-client relationship. For advice on your specific situation, contact Schuster Jachetti LLP.