In October I i broke my ankle in a parking lot I stepped out of my van into a pothole?

I had to have surgery. I have an attorney I took pictures of everything. My attorney said that since the store owner has made no contact to settle we will probably file it in court. Now he says I have to pay 150.00 court cost before we go to court. But I thought since he took my case hes going to get paid from the seettlement shouldn,t everything be taken out of my settlement