A trial about a motorcycle accident can be the right choice if you have the right Motorcycle Personal Injury Attorney. Recently in Westchester County, a jury gave an injured party an award following a motor vehicle accident. Unfortunately, that award was not nearly enough. This shows that who you choose as your lawyer is very important.
Following a crash, the injured victim sought help from a NYC attorney. He was injured badly and needed an advocate on his side. His attorney decided to go to trial. The trial was something called a “bifurcated trial.” This means that the jury heard how the accident happened (called liability) first. After that, the jury hears about injuries. This is very common. It is even typical of most trials in the New York City area.
In the first portion of the trial orchestrated by his Motorcycle Personal Injury Attorney, the jury found that the defendant was 45% at fault for the accident. This meant that the injured party was 55% at part. In New York, even if the injured party is mostly at fault, they can still recover money for their injuries. When this happens the award is reduced by their fault. For example, the jury awarded $1,000,000, he would only receive $450,000. This is because the defendant was only 45% responsible. ($1,000,000 x .45 = $450,000).
After finding the defendant partly responsible, the jury moved on to the second part of the trial. The second part focused on the injuries. This is the “damages” phase. During this portion of the trial, the same jury heard the evidence. They heard testimony from both the injured party’s surgeon and doctors hired by the defense team. It is uncontested that the injured party fractured a portion of his leg near the left ankle. The severity of the fracture required extensive surgery. During that surgery, the doctors inserted a metal plate and multiple screws. Unfortunately for the injured party, he had a bad reaction to the anesthesia. As a result he immediately underwent a second procedure to alleviate crushing headaches.
Following the additional surgery, the injured party still had some limitations. Most importantly he had difficulty running and walking quickly.
Despite enduring this horrible accident and life-altering surgery, the jury only awarded the plaintiff $162,500 for past pain and suffering. They also awarded $67,500 for future pain and suffering. This is a very low amount. The injured person’s attorney appealed, and the Appellate Court upheld the verdict. This means that they let the verdict stand and did not adjust the amount. Therefore, after all of this, jury only gave the injured person $103,500 (162,500 + 67,500 = 230,000; 230,000 x .45 = 103,500).
It is very rare for the Appellate Division to change the amount of a jury award. This is why it is so important to find the right Motorcycle Personal Injury Attorney. Contrast this case with the most recent motorcycle case resolved by The Platta Law Firm.
Recently, after a few days of trial, The Platta Law Firm settled a case for an injured worker involved in a motorcycle accident. The worker had a tear in his shoulder. The tear needed surgery. The Platta Law Firm was able to get our client $850,000 in a settlement for his case. A stark difference. While each case is different, this goes to show that hard work and skill can make your case. For most injured people, they will hopefully only have one case. If you only have one case, you should settle for nothing but the best.