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.