Each case is unique and must be valued individually. We can indicate, however, factors that affect the value of a case i.e. the degree of the defendant's fault, the nature and extent of the injuries, your age, the length of treatment and recovery time. Clients may be entitled to compensation for medical bills, rehabilitation costs, lost wages, emotional trauma and mental anguish, property damage, and future or past pain and suffering. In specific circumstances, the jury can also award punitive damages.
All of these factors are essential. One is missing, however. The key issue to get the highest compensation is a personal injury lawyer you choose to handle your claim. An experienced and successful lawyer will fight zealously for your case and use all the skills to convince the jury to award the compensation you deserve.
To show how these factors under different circumstances affect the value of awards we present below awards variations in a particular field of injury cases. The following three cases present the lowest, middle and highest damages awarded in scaffolding injury cases in state of New York between 2010 and 2014.
The first case Andresky v. Wenger Construction Co., Inc was ruled in February 4 of 2013 and presents the least damages awarded in state of New York between 2010 and 2014. A 59 years old plaintiff was plastering the exterior surface of the building. The task necessitated his use of a scaffold, upon which was a tub that contained fresh mortar. The tub tipped while plaintiff was drawing mortar, and it fell off of the scaffold. Plaintiff was dragged to the ground some 6 feet below, and sustained a tear of his left shoulder's glenoid labrum, fractures of several ribs and a pneumothorax: a collapse of a lung.
The jury determined that plaintiff's damages totaled $324,197.63.
$180,585 for past lost earnings capability
$48,612 for Future lost earnings capability
$60,000 for past pain and suffering
$35,000 for future pain and suffering
The second case Horsky v. Krupinski Builders & Associates, Inc was ruled in June 20 of 2013 and presents the average damages amount awarded in state of NY between 2010 and 2014. A 44 years old plaintiff fell off of a ladder while he was descending from a building's roof. He landed on a concrete surface and sustained a fracture of his right foot's calcaneus, which is the heel, and a fracture of his left, nondominant arm's wrist. His left wrist's fracture was addressed via closed reduction and the insertion of percutaneous pins. He also underwent physical therapy. Plaintiff claimed that his left wrist and right foot developed complex regional pain syndrome, which is a chronic neurological condition that is typically characterized by severe burning pain, pathological changes of bone and skin, excessive perspiration, swollen tissue, and/or increased sensitivity to physical stimuli. Some three years after the accident, plaintiff underwent transposition of his left arm's ulnar nerve. Plaintiff claimed that he suffers permanent residual pain, a permanent residual diminution of his left wrist's range of motion and a permanent residual diminution of his right foot's range of motion.
The jury determined that plaintiff's damages totaled $1,750,000; $450,000 for past pain and suffering and $1,300,000 for future pain and suffering.