The estimated costs for a common law claim can vary depending on the specific circumstances of the case. However, based on our experience and information available to us, we have provided the following estimates for some of the common stages of a common law claim:
Stage
Commencing claim and initial investigations
Fee Range
Fees
Disbursements
Uplift
Fee Range
Low fee range
Fees
$5,000.00
Disbursements
$1,000.00
Uplift
$1,250.00
Fee Range
High fee range
Fees
$15,000.00
Disbursements
$5,000.00
Uplift
$3,750.00
Stage
Evidence and information gathering (regarding liability and quantum)
Fee Range
Fees
Disbursements
Uplift
Fee Range
Low fee range
Fees
$10,000.00
Disbursements
$3,000.00
Uplift
$2,500.00
Fee Range
High fee range
Fees
$50,000.00
Disbursements
$25,000.00
Uplift
$12,500.00
Stage
Preparation for and undertaking initial offer and informal settlement negotiations
Fee Range
Fees
Disbursements
Uplift
Fee Range
Low fee range
Fees
$5,000.00
Disbursements
$2,000.00
Uplift
$1,250.00
Fee Range
High fee range
Fees
$15,000.00
Disbursements
$6,000.00
Uplift
$3,750.00
Stage
Preparation of claim for compulsory conference (including expert reports, assessment of liability and quantum issues)
Fee Range
Fees
Disbursements
Uplift
Fee Range
Low fee range
Fees
$10,000.00
Disbursements
$4,000.00
Uplift
$2,500.00
Fee Range
High fee range
Fees
$40,000.00
Disbursements
$20,000.00
Uplift
$10,000.00
Stage
Attendance at compulsory conference or mediation
Fee Range
Fees
Disbursements
Uplift
Fee Range
Low fee range
Fees
$5,000.00
Disbursements
$3,000.00
Uplift
$1,250.00
Fee Range
High fee range
Fees
$10,000.00
Disbursements
$10,000.00
Uplift
$2,500.00
Stage
Preparing for and drafting legal proceedings
Fee Range
Fees
Disbursements
Uplift
Fee Range
Low fee range
Fees
$5,000.00
Disbursements
$2,000.00
Uplift
$1,250.00
Fee Range
High fee range
Fees
$20,000.00
Disbursements
$10,00.00
Uplift
$5,000.00
Stage
Preparation for attendance at court applications (each application)
Fee Range
Fees
Disbursements
Uplift
Fee Range
Low fee range
Fees
$4,000.00
Disbursements
$2,000.00
Uplift
$1,000.00
Fee Range
High fee range
Fees
$8,000.00
Disbursements
$10,000.00
Uplift
$2,000.00
Stage
Attending to discovery
Fee Range
Fees
Disbursements
Uplift
Fee Range
Low fee range
Fees
$1,000.00
Disbursements
$1,000.00
Uplift
$250.00
Fee Range
High fee range
Fees
$5,000.00
Disbursements
$5,000.00
Uplift
$1,250.00
Stage
Preparation for trial
Fee Range
Fees
Disbursements
Uplift
Fee Range
Low fee range
Fees
$10,000.00
Disbursements
$15,000.00
Uplift
$2,500.00
Fee Range
High fee range
Fees
$50,000.00
Disbursements
$30,000.00
Uplift
$12,500.00
Stage
Attendance at trial
Fee Range
Fees
Disbursements
Uplift
Fee Range
Low fee range
Fees
$10,000.00
Disbursements
$10,000.00
Uplift
$2,500.00
Fee Range
High fee range
Fees
$50,000.00
Disbursements
$40,000.00
Uplift
$12,500.00
Stage
Prepare for and appear at appeal
Fee Range
Fees
Disbursements
Uplift
Fee Range
Low fee range
Fees
$10,000.00
Disbursements
$5,000.00
Uplift
$2,500.00
Fee Range
High fee range
Fees
$40,000.00
Disbursements
$30,000.00
Uplift
$10,000.00
Stage
Preparation and attendance at costs assessment
Fee Range
Fees
Disbursements
Uplift
Fee Range
Low fee range
Fees
$2,000.00
Disbursements
$3,000.00
Uplift
$500.00
Fee Range
High fee range
Fees
$5,000.00
Disbursements
$5,000.00
Uplift
$1,250.00
So what factors can affect your legal fee estimate in the above table to determine if it will be in the low range or the high range.
The major variables that can affect the calculation of the legal fee estimate include:
Variables | Higher Fee Example | Lower Fee Example |
|---|---|---|
Stage at which the client’s matter resolves | Going to trial and appeal | Settling out of court |
Admission of liability | Denial of liability | Early admission of liability |
Extent of the client’s injuries | Severe and permanent injuries | Minor injuries |
Complexity of the medical evidence | Multiple medical experts needed | Clear and straightforward medical evidence |
Other accidents/injuries impacting upon the assessment of damages | Previous injuries affecting recovery | No prior injuries |
The client’s matter may require the use of a larger number of more experienced staff | Complex and high-value case | Straightforward case |
Expert witnesses’ fees | Multiple experts needed | Single expert witness needed |
Number of opponents | Multiple defendants | Single defendant |
Tactics adopted by the opponent | Aggressive and prolonged legal action | Swift and efficient legal action |
It's important to note that these are just examples and the actual cost may vary depending on the specific case.
