Legal Question in Personal Injury in New York

Was $10,000 a reasonable fee to be paid for the testimony from an expert witness (doctor) during an car accident trial? If the lawyer is the one selectging the expert witness then the their fee come out of the lawyer's portion of the settlement?


Asked on 2/06/14, 8:54 am

4 Answers from Attorneys

That is not an unreasonable fee, especially for a full day of testimony. I've seen more and I've seen less. Specialists tend to get more.

The fee comes off the top. Why in the world would you think the lawyer should have to pay for an expert on your case out of his fee? You are lucky it comes off the top. In many other states the fees come off the client's portion. Given the way it is done in NY the lawyer actually pays 1/3 because it comes off the top.

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Answered on 2/06/14, 8:59 am
Charles Gueli Law Offices of Charles R. Gueli

I agree with Mr. Rothstein's response and would like to add a comment. The lawyer/law firm is the one taking the risk. That expert gets paid win or lose.

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Answered on 2/06/14, 9:09 am
Michael Krigsfeld William Schwitzer & Associates, P.C.

I agree with the attorneys above. I addition, the retainer usually states the client is responsible for ALL expenses associated with bringing the claim or suit forward. The attorney fronts the expense and re coups it at the end. He takes all the risk because if your claim or suit is unsuccessful then the attorney loses the money he laud out. It's only fair that if is successful with your case that he can recover that expense. Besides it's the attorney bringing the suit. It's your name on the caption. He just represents your interests.

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Answered on 2/06/14, 9:17 am
David Slater David P. Slater, Esq.

Expert witness can charge what ever he wants.

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Answered on 2/06/14, 9:20 am


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