South Carolina: Case Costs vs. Attorney Fees Explained

Two deductions, two very different purposes — and a pre-suit notice step adds an early cost unique to malpractice timing.

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 pre-suit requirement unique to malpractice

Before a South Carolina medical malpractice lawsuit can proceed, state law generally requires filing a Notice of Intent to File Suit, supported by an expert affidavit confirming the claim has merit. Preparing that affidavit typically involves an early expert-review cost well before formal litigation begins — a cost specific to the malpractice timeline that an ordinary car accident case wouldn't incur in the same way.

The typical order of payment

Case-related expenses are typically paid out of the recovery first, with the attorney then taking their contingency fee calculated against the remaining settlement amount — though the exact order and method should be confirmed against a specific fee agreement, since arrangements can vary.

Who fronts the money while the case is pending

Commonly, the attorney's office advances case costs as the litigation proceeds, including the early expert-affidavit cost in malpractice claims, 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 South 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 South 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.

Does South Carolina require any pre-suit steps before filing a medical malpractice claim?

Yes — South Carolina generally requires a Notice of Intent to File Suit along with a supporting expert affidavit before a medical malpractice lawsuit can formally proceed, which typically involves an early expert-review cost specific to malpractice claims.

In what order are case costs and fees typically paid from a South Carolina settlement?

Case-related expenses are typically paid from the recovery first, with the attorney then taking their contingency fee based on the remaining settlement amount.

Who fronts case costs while a South 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 South Carolina's medical malpractice pre-suit notice requirements and Rule 1.5 of the South Carolina Rules of Professional Conduct, verified per our methodology. Confirm the exact terms of a specific fee agreement with a licensed South Carolina attorney before acting.