Legal Question in Personal Injury in California

When settled does plaintiff pay for the depo's of all experts on both sides?

When a P.I. case is settled does the plaintiff pay for the cost of both her experts and defendants experts?


Asked on 7/26/06, 10:39 pm

3 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

Re: When settled does plaintiff pay for the depo's of all experts on both sides?

A settlement usually includes costs and attorney's fees. Therefore, unless otherwise specified, each party bears his or her own costs and fees, including depositions and experts.

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Answered on 7/27/06, 3:59 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: When settled does plaintiff pay for the depo's of all experts on both sides?

Settlement agreements usually specify who is responsible for what costs. Where the agreement is silent on this point the parties are usually expected to cover their own costs, but there is an exception where one party has a statutory right to recover costs from the other. This right remains in effect unless it is waived in the settlement agreement, so if yours is such a case and the settlement agreement says nothing about costs then you may indeed have to reimburse the other side.

Whether you owe costs in this case depends upon many factors which your question does not discuss. Even if you do owe costs, I would need to know a lot more before I could say whether expert witness fees would be included.

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Answered on 7/27/06, 4:39 pm
Terry A. Nelson Nelson & Lawless

Re: When settled does plaintiff pay for the depo's of all experts on both sides?

Your settlement agreement defines those issues. If you got paid a settlement without specific mention that defendants pay yours, then you probalby have to pay yours, and defendant would have to pay their own.

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Answered on 7/27/06, 10:12 pm


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