Koutrakos v. Long Island College Hospital

An order of compromise of a wrongful death action against a third party (other than decedent’s employer or fellow employee) provides for the disbursement of the fund, including payment of a workmen’s compensation lien. The total amount of that lien is fixed at $20,870, after a hearing. Among the issues to be determined is the compensation of the plaintiff’s attorney.

The attorney’s fee is usually based on the net sum recovered after deducting disbursements chargeable to the enforcement of the claim without regard to the claims of others against the recovery by way of assignment or lien (Rules…