COURT COSTS AND OFFER OF JUDGMENT

      Normally, a personal injury plaintiff who wins a lawsuit is entitled to an award of court costs against the losing party. Costs include filing fees and expert witness fees. In a personal injury action, the significant costs involve the doctor's charge for testifying (whether live or by video). While the court does not usually award the full amount of the charge, a significant portion is awarded. If a person loses a trial, each side bears its own costs.

      Under the Court Rules, a defendant is entitled to file an Offer of Judgment. An Offer of Judgment is a tool that attempt to shift the court costs to the injured party. By way of example, if the defendant files an Offer of Judgment in the amount of $10,000.00 and the jury verdict is greater than $10,000.00, the defendant must pay its own costs and the defendant must pay the costs of the plaintiff (injured person). If the jury award is $10,000.00 or less, the plaintiff cannot recover his/her costs from the defendant. In addition , the plaintiff must pay the defendant's costs, which involves the defendant's experts witness fees which can be in the same $2000 range as the plaintiff's doctor.

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The MorrisJames Personal Injury Group has been helping victims of serious Auto Accidents in Delaware for a combined total of 81 years. We have offices in Dover, Newark, and Wilmington. Contact us today