How much does a claim for damages cost?

Question

José Manuel Alburquerque · Accepted Answer

It depends above all on the amount claimed and on how the case ends. If it does not exceed 2.000 euros, you can sue without a lawyer or a court agent (“procurador”), so the cost comes down to the evidence you need. Above that figure you have to pay the lawyer and the court agent, plus the expert if one is needed. If the judge finds entirely in your favour, the other side will normally have to pay the costs, meaning those expenses of the case, although subject to limits. If you lose, you may be the one who has to pay the other side's. What you pay for Individuals do not pay the court fee. Companies generally do. The lawyer. Their fees are freely agreed and there is no official scale. Since December 2024, the “Ley del Derecho de Defensa”, the Right of Defence Act, has given you the right to have the engagement set out in writing, with an advance quote for the fees and expenses. The court agent, who charges according to an official scale of fees. The expert, where one is needed, such as a doctor, an architect or a valuer. In many damages claims this is the decisive evidence. The prior attempt to reach an agreement. Negotiating directly with the other side costs nothing. Mediation or conciliation before a notary has its own cost. Costs If the judge finds entirely in your favour, the other side will normally be ordered to pay the costs, which include what you pay the lawyer, the court agent and the expert. If you win only in part, each side pays its own. If you lose, you may have to pay the other side's. The amount payable for lawyers and other professionals who have no official scale of fees is capped at one third of the value of the case for each winning party. The cap does not apply if the judge finds recklessness (“temeridad”), which means litigating in the knowledge that one is in the wrong. For example, in a case worth 9.000 euros, the losing party will not pay more than 3.000 euros for those professionals to each winning opponent. So, even if you win, what you recover may not cover everything you have paid your lawyer. If you hire a lawyer in a case of up to 2.000 euros, where one is not compulsory, you will not normally recover their fees. Refusing without good reason to attempt to reach an agreement beforehand may also be taken into account when costs are decided. How to reduce the cost Check your home, car or shop insurance. Many policies include legal expenses cover or cover for damages claims, which pays the lawyer and the experts to claim against whoever caused you the damage. If your family's income is below certain limits, you can apply for legal aid (“asistencia jurídica gratuita”) at the Bar Association (“Colegio de Abogados”). If you are claiming against a public authority, the claim for compensation made to the authority costs nothing and does not require a lawyer. If you then have to go to court, a lawyer is compulsory, but judges usually cap the costs. In two judgments of administrative courts in Barcelona, from 2024 and 2025, that cap was 300 and 500 euros respectively.