Utah: Case Costs vs. Attorney Fees, Fully Explained Here

Two deductions, two very different purposes — and a prelitigation review step that adds its own cost in malpractice claims specifically.

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 malpractice costs run higher

Proving a Utah medical malpractice claim typically requires expert testimony establishing both the standard of care the provider should have met and causation connecting the breach to the actual harm. That expert work involves meaningfully more expense than a typical car accident or slip-and-fall claim, where fault is often more straightforward to establish.

A prelitigation step unique to malpractice

Utah law establishes a hearing panel process for prelitigation consideration of medical liability claims. This procedural step, which a claim typically has to go through before formal litigation proceeds, can add its own cost and time to a malpractice case beyond what an ordinary personal injury claim would require.

Who fronts the money while the case is pending

Commonly, the attorney's office advances case costs as the litigation proceeds, including the added expert and prelitigation costs a malpractice claim typically carries, 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 Utah?

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 Utah 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 do Utah malpractice claims typically carry higher case costs than other injury claims?

Because proving a malpractice claim typically requires expert testimony establishing both the standard of care and causation, which involves meaningfully more expert-witness expense than a typical car accident or slip-and-fall case.

Does Utah require a prelitigation review process for malpractice claims?

Yes — Utah law establishes a hearing panel process for prelitigation consideration of medical liability claims, a procedural step that can add its own cost and time before a formal lawsuit proceeds.

Who fronts case costs while a Utah 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 Utah's medical liability prelitigation panel requirements and Rule 1.5 of the Utah Rules of Professional Conduct, verified per our methodology. Confirm the exact terms of a specific fee agreement with a licensed Utah attorney before acting.