Judicial decisions in several recent cases demonstrate the wide range of possible outcomes for pain and suffering awards in knee injury cases.
We last visited this topic when discussing the New York City police officer who shot himself in the knee and convinced a jury not only that the city was at fault but also
In several unusual sports related cases around the country recently, injured plaintiffs have failed to win any damages. If we count "slam dancing" as a sport then the score is no wins, two losses and two ties (to be broken by trials down the road).
Loss #1: In Fry v. Jolly Roger Rides, Inc
For the third time in one week, a New York appellate court has issued a decision ruling on the reasonableness of a jury’s pain and suffering verdict while withholding the nature of the injury. Eric Turkewitz over at New York Personal Injury Law Blog says I am "steamed" about this issue. Well, maybe I
One day after we wrote about an appeals court’s unexplained reduction of $1,350,000 from a jury verdict for pain and suffering in a Suffolk County case, today we have another appeals court doing the same thing. What’s going on here?
In Lopez v. New York City Transit Authority, the plaintiff was riding his bicycle
On March 6, 1997, Louis Ferrigno, a 29 year old carpenter, was driving on a county road in New York when a large tree fell onto his car and crushed it causing him severe head and neck injuries.
Ten years later his case against the county for negligence came to trial. His claim was based
In a case involving a pedestrian struck by a bus, there were two trials with two different juries. The plaintiff sustained elbow and foot fractures and in the first case her pain and suffering verdict was $575,000 but in the second case a new jury reduced that sum to $22,000!
It all
Right on the heels of our post yesterday on defamation comes a case publicly reported just today in which neighbors in a small building in Brooklyn, New York ended up in court after years of screaming, menacing and suing. For the winner, though, there was no financial award to go with the judge’s finding that
On December 18, 2008, University of Mississippi’s basketball coach, Andy Kennedy, was arrested in Ohio for assault following an altercation with Mohammed Jiddou, a Cincinnati cab driver. The criminal trial is set for April 20, 2009.
But that’s not what’s prompting this post. What’s blogworthy here is the lawsuit the coach filed the day after
Loss of consortium is the term most often used by judges and lawyers to refer to the claims of physically uninjured spouses in personal injury cases brought by their physically injured mates. The claim arises when a physically injured person cannot as a result provide his or her spouse with the services, companionship, love, affection
Most personal injury case retainer agreements provide for a one-third legal fee contingent upon a recovery (by verdict or settlement) and will include language something like this:
The percentage fee is calculated on the net sum recovered after deduction for expenses and disbursements properly chargeable to the case such as investigation and expert fees.
So