How much does it cost to sue someone?
How much does it cost to sue someone?
$500 – $5,000 average cost (small cases)
30% – 40% contingency fee (personal injury)
Average cost to sue someone
The average cost to sue someone is $500 to $5,000 for simple cases, or up to $100,000+ for complex personal injury cases. The cost to file a lawsuit depends on your case, the firm you choose, and how much experience your lawyer has.
Some cases, especially personal injury, are based on a 30% to 40% contingency fee. This means you won't pay anything unless the lawyer wins your case.
| Type of lawsuit | Average legal fees | Typical duration |
|---|---|---|
| Small claims | $1,000 – $5,000 | 2 – 6 months |
| Personal injury | $9,000 – $100,000+ | 6 – 12 months |
| Civil litigation | $500 – $15,000+ | 2 months – 3 years |
Small claims
Pursuing a case in small claims court costs $1,000 to $5,000 on average, with most of the expense going to filing fees and minimal lawyer consultation. Small claims are simpler disputes involving lower amounts of money. Legal representation can be optional, and the process tends to be fast and straightforward.
Examples of cases that people take to small claims court include:
Debt collection
Property damage compensation
Defective products
Home improvement disputes
Neighbor disputes or noise complaints
Minor personal injury cases
Landlord-tenant disputes
Personal injury
The cost to sue for personal injury ranges from $9,000 to $100,000+. Instead of you paying this fee up front, the lawyer subtracts a 30% to 40% contingency fee from your winnings. Most personal injury lawyers only collect a percentage of your award if you win. Additional expenses may include court filing fees, obtaining medical records, and hiring expert witnesses.
Civil litigation
Civil litigation costs $500 to $5,000 for simple cases or $5,000 to $15,000+ for a retainer on complex cases. Expert testimonies and trial preparation can drive expenses up. The process may span several months to years, causing total costs to increase as the dispute continues, sometimes up to $100,000.
Civil lawsuits cover a variety of cases, each with different estimated costs. For example, a defamation or slander lawsuit costs $15,000 to $25,000 or more on average. Other civil cases include:
Breach of contract
Property disputes
Landlord or tenant issues
Class action lawsuits
Family law issues
Complaints against local government
Factors that affect the cost to file a lawsuit
Several factors influence the total cost you'll pay to sue someone, including:
Case complexity: More complicated cases require additional time, research, and resources, which increases costs.
Attorney's experience and reputation: Highly experienced attorneys in specialized fields command higher fees.
Location and jurisdiction: Costs can be higher in major urban areas or where court fees run high.
Court and filing fees: Courts charge filing and processing fees. The amount depends on your jurisdiction and type of claim.
Expert witness fees: Certain cases require expert testimony, which can significantly increase expenses.
Case duration: The longer a lawsuit drags on, the more you will spend, especially if billed hourly.
Fee structure
Depending on the case type, your lawyer may charge by the hour, a flat fee, or a contingency fee. Some lawyers charge an upfront deposit known as a retainer fee, which is based off how much time they expect to spend on your case.
| Fee type | Common range | How it works |
|---|---|---|
| Hourly rate | $200 – $500 per hour | Charges for each hour worked |
| Contingency fee | 30% – 40% of winnings | Lawyer paid a portion of your award |
| Flat fee | $15,000 – $25,000+ | Set fee for specific work or a straightforward case |
| Retainer fee | $8,500 – $15,000+ | Upfront payment; replenished as used |
Miscellaneous expenses
Some lawyers charge separate fees if they fall outside of the terms laid out in their contract. This may include document copying, travel, and deposition costs. Serving legal papers costs $40 to $100 per job and makes sure the person you're suing is aware of the lawsuit.
Filing a restraining order is free for individuals or $150 to $400 if you want your lawyer to handle it for you. Restraining orders help prevent retaliation or harassment, so consult with your lawyer if you're worried the other party may try to harm you.
If you need help covering costs before your case resolves, pre-settlement funding companies can offer cash advances against your pending lawsuit outcome.
Pros and cons of filing a lawsuit
Filing a lawsuit comes with both significant advantages and drawbacks. On the plus side, lawsuits can deliver compensation, enforce your legal rights, and sometimes prompt broader change or justice. The cons often relate to the cost, stress, uncertainty, and time involved. Carefully weigh these factors with your attorney.
| Pros | Cons |
|---|---|
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Alternatives to suing
Before filing a lawsuit, explore other avenues that may resolve your dispute:
Demand letters: A formal letter from you or your attorney demanding payment or action often prompts settlement discussions.
Mediation: Mediation costs $100 to $500 per hour plus an initial fee of $250 to $500. During mediation, a neutral third party helps both sides reach an agreement outside of court.
Arbitration: Arbitration costs $2,000 to $6,000 and is a private process where an arbitrator makes a judgement on a case. This can be faster and less formal than court.
How to prepare
Whether you're going ahead with a lawsuit or decide to settle it outside of court, you'll need to collaborate with your lawyer to prepare. Proper preparation can impact your odds of success and final costs. Make sure to collect all relevant contracts, emails, text messages, receipts, photos, and records.
Write down names and contact details of people who can support your account and create a clear written timeline. You should also calculate damages or outline your financial or emotional losses to estimate what you're seeking.
Lawsuit FAQs
What does sue mean?
To sue means filing a lawsuit against another party. You are formally asking a court to resolve a disagreement or provide compensation for damages or wrongdoing.
Can you sue for emotional distress?
Yes, you can sue for emotional distress if you can prove the other party's actions intentionally or negligently caused you serious mental anguish.
Can you sue someone for giving you an STD?
You may have legal grounds to sue if someone knowingly or negligently transmitted a sexually transmitted disease to you without disclosure. Consulting a local attorney is crucial, as laws vary.
Can you sue someone for slander or defamation of character?
Yes, you can sue for slander or defamation if a person makes false statements about you that caused you actual harm, including losing your job or economic opportunities. Evidence of damage to your reputation or livelihood will strengthen your case.
Can I sue my employer?
You can sue your employer for issues like wrongful termination, discrimination, harassment, or unpaid wages. Many workplace legal claims begin with a complaint to a government agency before court action.
What to look for in a lawyer
Follow these tips when choosing a civil law attorney or personal injury lawyer:
Request a written fee agreement and case estimate before hiring.
Research client reviews on Lawful and Google.
Confirm their credentials on your state's bar association website.
Ask about all possible additional expenses, including court fees and experts.
Check if the initial consultation is free or paid.
Questions to ask lawyers
Start the process on the right foot by asking direct questions, including:
What is your experience handling cases like mine?
How do you bill for your services, and what are your rates?
What additional court or document fees will I be responsible for?
Will you handle my case personally or delegate to others?
How long do you estimate the case will take?
What are the realistic odds of success?
Can you foresee any complications or extra costs?
Using our proprietary cost database, in-depth research, and collaboration with industry experts, we deliver accurate, up-to-date pricing and insights you can trust, every time.