As a NYC Bus accident lawyer, you must be familiar with all possible outcomes. Sometimes it is not enough to win big at trial. Even when you do, defendants will try to appeal. This case involves a case where the injured victim won. Unfortunately, the defendant argued that the verdict was too high.
The Accident and Trial
In a recent case, the Second Department was asked by a NYC Bus accident lawyer to decide whether a verdict was excessive. The New York City Transit Authority owned and operated a bus. The client rode that bus on the date of the accident. The bus struck a utility pole. Consequently, the woman suffered injuries including a protruding disc in the back. She also had a torn rotator cuff in her right shoulder, and a torn triceps tendon in her right elbow. As a result, the woman had surgery on her back. She also had surgeries to repair her right shoulder and elbow.
A jury found in favor of the woman. The jury gave the woman and her NYC Bus accident lawyer of $3,000,000 for future pain and suffering. They also gave $578,000 for past pain and suffering. Finally, they gave $467,000 for her past and future medical expenses. The defendant argued that the award of damages for future pain and suffering was too much. They appealed the verdict.
The Appeal And Argument By The NYC Bus Accident Lawyer
The high court affirmed the verdict in its entirety. The court held that the award does not deviate materially from what would be reasonable compensation. The award is similar to other cases.
The woman, who was 27 years old at the time of trial, suffered from severe lower back pain. The pain went into her legs and restricted her range of motion. Her NYC Bus accident lawyer further argued that she also suffered from a disc bulge. After physical therapy, pain medications, and injections failed to alleviate her pain. She underwent a surgery, in which a piece of the disc was removed. A bone graft was fused to replace the removed disc. After the surgery, the pain in the woman’s lower back did not improve. She had restrictions in her range of motion. She continued physical therapy, pain medications, and injections. Finally, the woman also underwent a right shoulder surgery and a right elbow surgery.
The NYC Bus accident lawyer hired a medical expert. The woman’s medical expert concluded that the injuries to her lower back were permanent. Her doctors continued to observe restrictions in her range of motion. Her doctor also concluded that the woman’s back pain will worsen. She will need to continue to take pain, anti-inflammatory, and muscle relaxer medications. Further, the injuries hindered the previously active woman’s ability to participate in athletic activities. She also had trouble with activities with her children. The pain made daily tasks, such as cooking and cleaning, very difficult.
As a result of the surgery, other parts of the woman’s spine were subject to injury. Taking all of this into account, the award was reasonable compensation. If you require assistance for a similar accident, please reach out to our law firm.