North Carolina: Case Costs vs. Attorney Fees Explained

Two deductions, two very different purposes — plus a third, distinct piece that can appear in smaller North Carolina cases.

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.

A third piece in smaller cases

For a qualifying case under $10,000, North Carolina adds a genuinely distinct third component: a court-awarded attorney fee under N.C. Gen. Stat. § 6-21.1, paid by the losing defendant rather than coming out of the client's recovery at all. This is neither the contingency fee nor a case cost — it's a separate amount a judge may award at their discretion, on top of both.

Whether costs come back depends on the agreement

Whether a client has to reimburse advanced case costs if the case doesn't result in any recovery isn't a fixed rule — it depends entirely on the specific fee agreement. Some arrangements have the attorney absorb those costs if there's no recovery at all; others may handle it differently. This is worth confirming explicitly before signing a retainer agreement.

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 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 North Carolina?

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 North Carolina 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.

How does a court-awarded fee in a small case interact with costs and the contingency fee?

It's a third, separate component. In a qualifying case under $10,000, the court-awarded fee under N.C. Gen. Stat. 6-21.1 comes from the losing defendant, distinct from both the contingency fee the client pays and the case costs the case required.

Does a client ever pay case costs if there's no recovery?

This depends entirely on the specific fee agreement — some arrangements have the attorney absorb costs if there's no recovery, while others may require reimbursement regardless of outcome, so the agreement's language matters.

Who fronts case costs while a North Carolina 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.

This page provides general guidance only and is not legal advice. Figures are based on North Carolina Rule 1.5 and N.C. Gen. Stat. § 6-21.1, verified per our methodology. Confirm the exact terms of a specific fee agreement with a licensed North Carolina attorney before acting.