Law Offices of Ronald C. Burke

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Personal Injury: Brooklyn Jury Awards $2,017,000 to 65 year old bricklayer

June 2016

Our client was a 59 year old bricklayer/immigrant from the Ukraine who fell 6 feet onto his right foot when a scaffold collapsed at a construction site in November 2009. Plaintiff's pre-trial motion seeking summary judgment to hold all three defendant's liable for the accident due to the violation of basic work place safety rules was granted pursuant to Labor Law section 240 (1). The only issue reserved for trial was the amount of money that would fairly compensate our client for his permanent injuries.

At the Coney Island Hospital emergency room the plaintiff was diagnosed with an intra-articular comminuted fracture of the right calcaneous (heel bone) with fracture lines extending into the subtalor joint and calcaneal cuboid joint, causing bone fragments to lodge into these joints. This injury was treated with a cast followed by physical therapy over the next two years. Within 8 months of his injury the plaintiff was diagnosed with traumatic arthritis that was causing significant constant pain. Approximately 18 months after his accident the plaintiff was diagnosed with CRPS (chronic regional pain syndrome) (formerly known as RSD or reflex sympathetic dystrophy). The plaintiff's documented symptoms of CRPS included constant burning pain in his foot, hypersensitivity to touch, constant swelling, discoloration of the foot and temperature changes. Some of the treating physician's noted that the plaintiff may benefit from a subtalor fusion in the future but his treating physiatrist testified that any surgery to the foot could result in a worsening of the symptoms of CRPS. Our client walked with a limp and depended on a cane at all times.

The defense called multiple experts (orthopedist, pain management, pediatric surgeon and life care planner) to deny the presence of CRPS, minimize the consequences of traumatic arthritis and argue that the plaintiff was faking a limp based on the absence of atrophy. The jury rejected these defenses and awarded plaintiff $800,000 for past pain and suffering, $1,100,000 for future pain and suffering and $117,000 for future medical expenses.

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Ronald C. Burke, Esq

Trial Attorney with 30+ Years of Experience Attorney Ronald C. Burke, Esq. has more than 30 years of experience and has focused his career on representing clients in cases involving personal injury, medical malpractice and legal malpractice. He is a seasoned trial lawyer and has won many seven-figure settlements and verdicts for his clients over the years, including many case victories listed among the largest in the history of the state. He has been featured in the news and is a regular lecturer for the New York County Lawyers Association, as well as having lectured before the New York State Bar Association. Ronald is also an attorney with Kelner & Kelner, a New York personal injury law firm. Awards and Accolades Mr. Burke's awards and accolades are many. Among them, he has been included in New York Super Lawyers® each year since 2010, and he has received the highest-possible AV® Rating from Martindale-Hubbell®. Verdict Search, a part of the New York Law Journal, frequently recognizes his notable successes after winning some of the highest settlements and verdicts in past years. He was also featured in their list of the "Top New York Verdicts of 2011" and "Top New York Settlements of 2012." He is a member of the New York State Bar Association and is licensed to practice law in the U.S. District Court for the Southern and Eastern Districts of New York, as well as before the United States Supreme Court. When Attorney Burke is not handling legal malpractice cases, he is highly involved in the local community. He is a member of the Village of Rockville Centre Volunteer Fire Department, has served on the local school board and as Chairman of the local Zoning Board. Learn more about Attorney Burke and how he can skillfully handle your malpractice case by contacting the Law Offices of Ronald C. Burke, Esq. right away to schedule your complimentary case evaluation. Our firm is here to help! Contact a New York Legal Malpractice Attorney Our firm provides each client's case with thorough preparation and aggressive representation, ensuring that you win the best possible results for your case whether it is settled or goes to trial. As a seasoned trial lawyer, Mr. Burke can provide the strong and relentless representation you need to establish negligence in a legal malpractice case and to recover any damages you may have suffered. Our firm can recover compensation for pre-trial and trial malpractice, violations of fee arrangements, loss of income, pain and suffering, and much more. Contact us today!
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