Dental Malpractice Cases- Awarding Costs

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It's important to note that cost awards are not always proportional to the damages awarded, and may depend on a number of factors including the complexity of the case and the conduct of the parties.

 

In addition to the damages awarded, there are several other factors that may be taken into account when the court is deciding whether to award costs and how much to award.

 

Some of these factors include:

 

Conduct of the parties: If one party has acted unreasonably or has engaged in conduct that has unnecessarily prolonged the litigation, the court may take this into account when making a cost award. For example, if a plaintiff has unreasonably refused to accept a reasonable settlement offer, the court may award lower costs or no costs at all.

 

Complexity of the case: If a case is particularly complex, the court may award higher costs to the successful party to reflect the additional time and resources required to litigate the case.

 

Length of the trial: The length of the trial can also be a factor in determining the cost award. If the trial is particularly long or if there are numerous pre-trial motions, the court may award higher costs to reflect the additional time and resources required.

 

Success on particular issues: If one party is successful on particular issues in the case, the court may award costs specifically related to those issues.

 

Disbursements: Disbursements are the expenses incurred in connection with the litigation, such as filing fees, expert witness fees, and travel expenses. The court may also take these disbursements into account when making a cost award.

 

Overall, the specific factors that the court may consider when making a cost award will depend on the specific facts and circumstances of the case.