[Direct answer]In Beijing, in cases such as medical disputes and personal injury cases, the appraisal fees and litigation fees generally follow the rule of "the losing party bears the costs and the costs are shared in proportion to the liability". According to Article 29 of the "Measures for the Payment of Litigation Costs" (implemented on April 1, 2007), the litigation costs shall be borne by the losing party. If the plaintiff partially wins and partially loses, the court shall determine the proportion of the costs to be borne by each party in accordance with the circumstances of the case; Article 12 of the Measures also stipulates that the appraisal fees and other expenses incurred during the litigation process shall be paid directly by the parties to the appraisal institutions, and the court shall not collect and pay on behalf of them. In the filing stage, the plaintiff usually pays the fees in advance. After the case is concluded, the costs shall be borne by the other party according to the judgment or be divided in proportion to the fault and liability. It is recommended to keep the payment receipts and make a cost estimate before suing, which can be referred to for reference.Personal injury and medical disputesColumn.

1. Problem background and typical scenarios

These kinds of questions often arise in several situations: Firstly, in medical liability disputes, the cost of medical damage appraisal can easily reach thousands or even tens of thousands of yuan. Patients may not be clear about who should advance the payment and who will ultimately bear the cost. Secondly, in personal injury cases such as traffic accidents, the cost of disability assessment is intertwined with the amount of compensation. Relevant compensation items can be referenced for reference.Personal injury and medical disputes栏目；三是劳动者工伤后进行劳动能力鉴定，鉴定费负担易生争议，可参考Labor arbitration and work-related injury compensationFirst, the plaintiff applies for a judicial appraisal in an ordinary contract lawsuit, but is dissatisfied with the division of costs after losing the case. In the judicial practice of Beijing district courts, the method of sharing litigation fees and appraisal fees is usually specified in the judgment documents.

II. Key points of contention

Focus One: The principle of bearing litigation costs. The losing party shall bear the costs, and in cases where the plaintiff partially wins and partially loses, the costs shall be apportioned proportionally. Focus Two: The nature of appraisal fees. These are fees directly paid by the parties, but the final apportionment may be determined based on the judgment result. If the appraisal opinion is unfavorable to the applicant, the applicant may bear the fees themselves. Focus Three: The linkage between appraisal fees and liability ratios in medical disputes. Even if the medical party's fault participation is low, the patient may still bear most of the costs. Focus Four: Disputes over the reasonableness of appraisal fees. Additional fees such as court appearances and corrections need to be reviewed. Focus Five: Parties with financial difficulties may apply for deferral or reduction of litigation fees in accordance with the law. Focus Six: In cases settled through mediation, the cost-sharing arrangement shall be determined according to the agreement, and omitted clauses may easily lead to new litigation. Related contract-related litigation costs can be referenced for reference.Business and contract disputes in enterprisesThe column. Specifically, it shall be subject to the currently effective laws, regulations, and judicial rulings.

III. Professional analysis by Henglue Lawyers

Based on the practical experience of lawyers from our firm, most fee disputes stem from insufficient cost estimation before litigation. Common scenarios include: First, the plaintiff fails to apply for appraisal before suing, and then applies for it in court due to the need for evidence. The appraisal fee is tied to the liability ratio. If the medical party's fault participation is low, the plaintiff may bear most of the appraisal fee; Second, the disability appraisal opinion is inconsistent with the claim level, and the corresponding compensation items are not supported, so the appraisal fee is borne by the applicant; Third, in cases settled through mediation, the fee sharing is not included in the mediation agreement, and disputes arise during the performance stage. Lawyers from our firm suggest that before suing, you should confirm the fee range and composition with the appraisal institution, evaluate the probability of establishing your own fault claims, and incorporate the expectation of sharing the appraisal fee into the settlement plan calculation to avoid bearing a high fee burden even if the compensation is supported.

IV. Practical suggestions and legal basis

Action suggestions: First, check the standards stipulated in the charging method when filing a case and estimate the amount of advance payment; Second, confirm in writing the charging items and court appearance fees before applying for appraisal; Third, if claiming that the other party is fully or primarily responsible, submit evidence to support the liability ratio at the same time; Fourth, those who are financially difficult may apply for deferral or reduction of litigation fees according to law; Fifth, after the judgment, check the provisions on cost sharing and apply for correction of omissions in a timely manner. In terms of legal basis, Article 29 of the "Measures for the Payment of Litigation Fees" (implemented on April 1, 2007) establishes the principle that the losing party shall bear the costs, and Article 12 stipulates that the appraisal fees shall be paid directly by the parties to the relevant institutions; The principle of fault liability applies to medical damage liability in accordance with Article 121 of the "Civil Code of the People's Republic of China" (implemented on January 1, 2021), and the scope of personal injury compensation is specified in Article 1179. For those who need to customize litigation documents, they can refer to the relevant provisions.Special services and other casesColumn.

5. Henglu Law Firm's Advice

Risk Alert: Firstly, the appraisal fee is not necessarily borne by the other party. When the appraisal conclusion is unfavorable, the applicant often needs to bear the cost himself; Secondly, the sharing of litigation fees shall be based on the judgment document. For mediation cases, it is necessary to include the fee provisions in the agreement; Thirdly, blindly applying for a high appraisal may be regarded as an attempt to increase the losses; Fourthly, if the other party refuses to perform the judgment on the fees, you can apply for compulsory enforcement. It is recommended to conduct a cost estimation and evidence evaluation before suing, and to consult a lawyer if necessary.Beijing Henglu Law FirmOn the official website, similar columns are evaluated by professional lawyers.

VI. Frequently Asked Questions

Q1: Must the appraisal fee be borne by the losing party?

Not necessarily. According to Article 29 of the "Measures for the Payment of Litigation Costs" (implemented on April 1, 2007), the litigation costs shall be borne by the losing party, and the costs shall be shared proportionally if the party wins and loses the case partially; the appraisal fees are usually determined based on the principle of "who applies, who prepays" and the judgment result. If the appraisal opinion is unfavorable to the applicant, the applicant may bear the fees himself. In medical malpractice cases, the court will also divide the proportion of responsibility between the two parties according to the degree of fault of the medical party.

Q2: What evidence do I need to prepare if I want the other party to bear the appraisal fees?

The following documents should be prepared: appraisal fee invoices, appraisal commissions or acceptance documents, appraisal opinions, indictments, and adjudication documents, which are used to prove that the expenses actually occurred, are related to the case, and the claims of responsibility are valid. In medical disputes, it is also necessary to organize medical records, examination reports, informed consent forms, and other supporting documents to prove the claims of fault and causality. The originals of the documents must be preserved, as copies have insufficient evidentiary value.

Q3: How much does it cost to litigate a medical dispute case?

The fees include the acceptance fee, appraisal fee, and attorney's fee. The acceptance fee is charged according to the amount of the claim, with a fee of 50 yuan per case for amounts below 10,000 yuan, and the fee decreasing proportionally for amounts exceeding that; the appraisal fee for medical damages typically ranges from a few thousand yuan to tens of thousands of yuan, with the specific amount subject to the quotation from the appraisal institution; and the attorney's fee is negotiated based on the complexity of the case and the amount of the claim. In cases where the plaintiff wins the lawsuit partially, the fees will be shared proportionally. It is recommended to make a comprehensive budget before filing a lawsuit.

Q4: How long does it usually take to litigate a medical dispute?

The first-instance ordinary procedure generally lasts no more than six months, but the medical damage appraisal usually takes three to six months or even longer, and the appraisal period is not included in the trial time limit. The second-instance procedure takes about three months, and the overall process usually lasts around one year. Applying for appraisal as soon as possible, promptly supplementing materials, and cooperating with the submission of appraisal samples can shorten the period. Delaying the sealing of medical records or refusing to cooperate with the appraisal will instead prolong the process.

Q5: How should the litigation fees and appraisal fees be arranged when filing a lawsuit?

The case acceptance fee shall be prepaid by the plaintiff, and the party applying for appraisal shall prepay the appraisal fee. After winning the case or partial victory, the party shall recover the shared part from the other party according to the judgment; those who are financially difficult may apply for deferring or reducing the payment; and for cases settled through mediation, the provisions on the sharing of fees shall be included in the mediation agreement. Before suing, the plaintiff may ask a lawyer to estimate the overall cost, and the plaintiff may refer to it for reference.Personal injury and medical disputesThe column introduces the key points in handling similar cases.

The above content is based on the compilation of judicial practices in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglue Lawyers for specific situations.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence materials, so as to avoid missing the statutory time limit. →Personal injury legal services·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and public adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. In the event of a dispute, please consult a practicing lawyer in a timely manner.