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Georgia: Case Costs vs. Attorney Fees, Explained

Two deductions, two very different purposes — and in a Georgia malpractice case, one of them starts well before the lawsuit even begins.

By the FigureMyTax Editorial Team · Reviewed 2026 · How we calculate

The attorney's fee: compensation for the work

The contingency fee is the attorney's own compensation for handling the case — calculated as a percentage of the settlement or award. It's earnings, not a reimbursement, and it's what the attorney keeps for taking on the risk and the work of the case.

Case costs: real expenses the case required

Case costs are something entirely different: actual out-of-pocket expenses the case genuinely needed. This typically includes expert witness fees, court filing fees, the cost of obtaining medical records, deposition transcripts, and similar litigation expenses. These are reimbursed, not earned.

Why a Georgia malpractice case front-loads its costs

In most personal injury cases, significant expert costs tend to arrive closer to trial, once the case has developed. Georgia medical malpractice cases are genuinely different: O.C.G.A. § 9-11-9.1 requires an expert affidavit to accompany the complaint itself, meaning a qualified expert in the same specialty as the defendant must review the case and be paid before the lawsuit can even be filed. That pulls a real, often substantial cost to the very front of the case.

Why the order of deduction genuinely matters

Calculating the attorney's fee as a percentage of the full settlement before subtracting case costs produces a different net result than calculating the fee after costs have already been subtracted. On a meaningful settlement with real litigation costs — especially a malpractice case with substantial expert costs from the start — that difference in methodology can add up to a real dollar amount, worth confirming explicitly in the written fee agreement rather than assuming either approach.

Who fronts the money while the case is pending

Commonly, the attorney's office advances case costs as the litigation proceeds, with reimbursement coming out of the eventual settlement or award. The specific arrangement, including what happens to those advanced costs if the case doesn't result in any recovery, depends entirely on the individual fee agreement.

Case costs vs. attorney fees — frequently asked questions

What's the real difference between case costs and an attorney's fee in Georgia?

The fee is the attorney's own compensation for handling the case, calculated as a percentage of the recovery. Case costs are actual out-of-pocket expenses the case required — they're reimbursed, not earned.

What typically counts as a case cost in a Georgia personal injury claim?

Expert witness fees, court filing fees, the cost of obtaining medical records, deposition transcripts, and similar litigation expenses the attorney's office pays on the client's behalf while the case is pending.

Why are case costs unusually significant in a Georgia medical malpractice claim specifically?

Because O.C.G.A. section 9-11-9.1 requires an expert affidavit to accompany the complaint itself, a qualified expert must be retained and paid before the case can even be filed — not merely before trial, as in most other injury cases.

Why does the order of deduction - fee first or costs first - matter?

Deducting the fee from the full settlement before subtracting costs produces a different net amount than calculating the fee after costs are already subtracted, so the order matters and should be spelled out clearly in the fee agreement.

Who fronts case costs while a Georgia personal injury case is ongoing?

Commonly, the attorney's office advances these costs during the case, with reimbursement coming out of the eventual settlement or award — though the specific arrangement depends on the individual fee agreement.

More Georgia attorney fee tools & guides

Georgia Attorney Fee / Net Settlement CalculatorSee your real take-home estimate How Contingency Fees WorkNo cap, but the expert affidavit rule changes the cost math States That Cap Attorney Contingency FeesGeorgia's uncapped position among its neighbors

This page provides general guidance only and is not legal advice. Figures are based on O.C.G.A. § 9-11-9.1 and general Georgia contingency fee practice, verified per our methodology. Confirm the exact terms of a specific fee agreement with a licensed Georgia attorney before acting.