"Litigation is expensive." Unfortunately, that kind of mindset has forced a lot of car accident victims to settle with insurance companies and negligent parties for a lot less than what they actually deserve.

In the long run however, the money saved from litigation expenses would go to additional medical expenses and treatments which their settlement could no longer cover. And once the victim has agreed to settle, there is no remedy for further financial needs if the condition is a lot more severe than anticipated.

In Robert Piering and John Beal’s article "Save Some Money For Trial - Cost Effective Litigation Strategies Prior to Trial", they gave essential tips on how to maximize the costs of cases and simplify the litigation process.

Here is a rundown on how to litigate for less:

• Always have a well thought out plan before everything else. A good starting point is identifying what evidence you already possess or can obtain without the need of formal discovery like a police report.

• Before filing a complaint, find out whether you need to file a limited or unlimited action. Limited jurisdiction cases involve $10,000-$25,000. Filing fee for such is $325. Cases below $10,000 have a filing fee of $200.

In unlimited court actions, the filing fee costs $350 and the limits on discovery are less constrained.

• Do not forget to include fee waiver considerations in your pre-filing checklist. If granted, a fee waiver can save all court fees and costs including the fees associated with the complaint, jury fees, witness fees and court reporter fees. Clients receiving SSI or other supplemental income may qualify for a fee waiver.

• The offer to compromise is a must because it allows for the addition of prejudgment interest – the defendant can be forced to pay all recoverable costs and expert witness fees.

• Requests for Admissions are a vastly underused device but if used correctly will provide the most potential for saving money not to mention time and effort during the litigation process as they can be used to limit the issues at trial to genuine matters of dispute.

Admissions are fertile for impeachment since if your opponent admits essential facts, you may be able to prevail on a motion for summary judgment or summary adjudication since admissions are conclusive

Also, failure to timely respond to admission requests waives all objections. Monetary sanctions are available for failure to answer requests for admissions such as costs of proof sanctions including reasonable attorney’s fees

• Depositions are costly. It is recommended that depositions be noticed only after a modicum of written discovery has been propounded. It is best to make depositions meaningful and productive as a person or defendant may only be deposed once.

If a question pops up after deposition, it may be asked in the form of a follow-up interrogatory. Also, in cases where liability has been admitted and the party or witness cannot offer any useful testimony on other issues such as causation and damages, it may not be worthwhile to incur the expense and time to depose the witness/party.

• In litigation and trial stage, one of the more costly expenses is the expert witness. It is recommended that in smaller cases; examine the complexity of the case, the strength of your evidence like witness testimony, medical records and other documentary evidence before procuring expert witness testimony

In medical malpractice, wrongful death or products liability, an expert witness is almost always needed. However, incases dealing with liability and causation, limit your expert opinion testimony to treating physicians.

• Judicial Arbitration is only applicable to certain courts and certain civil cases. All cases where the amount in controversy does not exceed $50,000 per plaintiff are subject to judicial arbitration. Plaintiffs can voluntarily elect to go through judicial arbitration as it is a logical choice for cost-conscience litigator. Also some insurance companies use it as a delay tactic to avoid paying claims. The arbitrator’s award is nonbinding and either party may reject the award and demand a jury trial.

• Not all cases are suitable for mediation such as cases where the opponent is adamantly refusing to accept any level of fault. Very small cases with little potential for substantial verdicts are typically not suitable for mediation due to costs associated with mediator’s fee which typically run in the $350-600 per hour.