Legal Question in Personal Injury in New York
Injury Case - Medical Expert Testimony
I am presently involved in an injury case. It's now going to trial (with next 2 weeks). I just received letter from my attorney stating I would have to pay in advance for the medical expert to testify. My retainer states that legal expenses (including medical expert testimony) comes out of any settlement I receive. Why am I being asked to pay this fee and should I?
2 Answers from Attorneys
Re: Injury Case - Medical Expert Testimony
The retainer probably states that any expenses fronted will come out of the recovery but that you are still obligated in the first instance. Reread your retainer..do not rely on what you think it might say.
Good Luck
RRG
Re: Injury Case - Medical Expert Testimony
See the language of your specific retainer agreement to be certain.
Many, if not most, attorneys require the client to pay for disbursements when they exceed a particular dollar amount. However, if you recover, then the expenses are paid first, reimbursing you and the law firm for any amounts paid before splitting the recovery for fees and your share.
Fortunately, most injury cases in NY are bifurcated meaning you will try the liability issues first. If you win on that issue, settlement may be more likely and you may never reach the expert as a witness.