In what circumstances will the court award attorneys fees and costs in a personal injury case?
California, United States of America
The following excerpt is from Estes v. Estes, 158 Cal.App.2d 94, 322 P.2d 238 (Cal. App. 1958):
In Fallon v. Fallon, 86 Cal.App.2d 872, 195 P.2d 878, an award in favor of plaintiff wife was affirmed for attorneys fees and costs on appeal. At page 873 of 86 Cal.App.2d, at page 879 of 195 P.2d the court said: 'The wife seeking these awards must establish her necessity for them. Such necessity may be proved only by showing that her need for proper support and the expenses of the litigation exceed her available resources. This means that the trial judge must be informed in detail not only as to her needs * * *, but also as to her resources.'
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