The following blog entry is written to illustrate a common motion filed during civil litigation. Reviewing this kind of filing should help potential plaintiffs and clients better understand how parties in personal injury cases present such issues to the court.
(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this car accident case and its proceedings.)
During the litigation, defendants made two 998 offer’s to compromise. The first for $4500, the second for $7500. Plaintiff made two 998 offers to compromise. The first for $45,000, and the second for $18,000. The second 998 offer was served on the defendants on January 6, 2010.
Prior to making the second 998 on offer to compromise in January of 2010, Plaintiff’s incurred the following recoverable costs:
a. Filing fees, $371.90;b. Service fees for John Lee, $60;c. Service fees for Sophia Lee, $83;d. Hill deposition transcript, $507.45;e. Lee deposition transcript, $329;f. Counsel travel to Lee deposition $368.;The total of these costs are $1,719.35
Following the 998 offer to compromise, Ms. Hill incurred the following recoverable costs:
a. Deposition of Dr. White, $308.05
b. Deposition of Dr. Ross, $384.80
c. Service fees for Sgt John Smith, $318.00
d. Witness fees for Linda Lane, $372.20
e. Witness fees for Alberto Miller, $35.00
f. Jury fees, $538.26
g. Court recorder fees, 400.00
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.
These recoverable costs total $2470.71. None of these costs would have been incurred had defendants settled this case for Ms. Hills 998 demand which was only $1550 more than the jury verdict.
Additionally, plaintiff incurred the following expert fees following making the 998 offer to compromise:
a. Expert fees For Dr. White prep, $187.50
b. Expert fees Dr. White trial testimony, $3,375.00
c. Expert fees Ross trial prep, $800.00
d. Expert fees Ross trial prep, $1500.00
e. Fees to Sgt. Smith, $1425.30
These trial costs associated with expert testimony total $7287.80. None of these costs would have been incurred had defendants settled the case for Ms. Hill’s 988 demand. (See Part 3 of 7.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.