It means that the expenses and disbursements (we’ll give examples in a moment) are deducted from the plaintiff’s settlement or verdict amount (and reimbursed to the lawyer who, after all, advanced those items out of his own bank account). 

• Insider Tip #1 (You won’t like this one): Your lawyer is not permitted to guarantee you that you will not be responsible to repay his expenses and disbursements, even if the case is lost. This would violate Judiciary Law 488 which prohibits lawyers from “buying” lawsuits. It’s OK to take a case on a contingent percentage and to advance the disbursements (which are really client expenses) but telling a client he will never be liable for these disbursements is what’s prohibited. The law aims to keep attorneys from using their own financial clout to compete for clients. [That said, I know of no lawyer who ever made serious efforts to get his disbursements paid by his client after he lost a case.]

So the one-third legal fee is on the net, fine. But what are the expenses and disbursements that are “properly chargeable?”

Let’s get the easy ones out of the way first. Here are several typical plainly proper categories and also some typical amounts you might see on the closing statement. (The closing statement is what your lawyer files with the court system at the end of your case to advise the authorities of the recovery, his fee and his disbursements.):

• court filing fees (e.g., $210 to start the lawsuit)
• investigator (e.g., $250-$1,500 to take scene photos and get witness statements)
• medical records (@$0.75 per page, this can be $100-$2,500 depending on treatment)
• doctor’s narrative report – ($500-$1,500 for your treating doctor to write a report detailing in lay terms your injuries, their causation and your prognosis)
• deposition transcripts (approx. $5 a page, could be $500 -$2,500 depending on length and number)
• experts fees ($2,000 -$15,000 or more depending on how many doctors testify for you in court and if other experts such as engineers, accident reconstructionists, etc. are needed that can drive up this cost many thousands more)

Before we make some differentiations, it is important to understand the definition of the annular tear.

An annular tear refers to a tear or damage to the outer layer of a spinal disc (known as the Annulus Fibrosis).  As I explained in a previous post, you can think of the disc as a jelly donut. The fibrous outer portion of the disc protects the inside which is jelly-like.

On February 13, 2009, at 5 a.m., Anthony Shimukonas was asleep in his East Harlem apartment when he was awakened by what sounded like an explosion. It was a squad of officers from the New York City Police Department forcibly breaching and ramming through the door to execute a no knock search warrant based upon information that Mr. Shimukonas was in possession of illegal drugs and guns.

In the ensuing moments, after the lead officer approached him with a four foot long, two foot wide bullet resistant shield, the 23 year old Shimukonas was handcuffed and arrested.

In the melee, Shimukonas sustained a broken nose. He was taken to the local emergency room for minor treatment before he was booked at the police station and taken to the prison at Rikers Island. He ultimately pled guilty to various crimes and spent eight years in jail.

Shimukonas sued the police department claiming that the officers used excessive force during the arrest and that as a result he was injured. In early 2018, a Manhattan jury agreed that the force was excessive but they declined to award any compensation at all for either past or future pain and suffering.

Plaintiff appealed and in Shimukonas v. City of New York (1st Dept. 2019), the court ruled that the jury’s failure to award damages for past pain and suffering was contrary to a fair interpretation of the evidence and deviated from what would be reasonable compensation. The appellate court ordered an increase in pain and suffering damages to the sum of $200,000 (all past – nine years). The award of zero damages for future pain and suffering was not disturbed.