Brooklyn Jury Awards Bicyclist Rear-Ended By Car $11M - Settled For $3M

On November 16, 2018, a damages only trial resulted in a Brooklyn jury verdict of $11,030,000 to a 41 year old bicyclist deliveryman who was hit from behind by a car. An uncontested pre-trial motion resulted in a finding that the operator of the vehicle was 100% at fault, as a matter of law. The only issue tried before the jury was a determination of how much the bicyclist should be awarded for past and future: pain and suffering, lost wages and medical expenses. During the 5 day trial the parties entered into a high-low agreement that protected the plaintiff with a minimum recovery regardless of how little the jury may award. In exchange, the defendant received a cap of $3,000,000 which protected the defendant (really his insurance company) in the event the jury awarded more than that amount.

 The bicyclist sustained injuries that required two surgeries on his spine and one arthroscopic procedure on his knee. He tried to return to work several times but was unable to maintain his job as a deliveryman as the pain was too great. The jury awarded: $3,000,000 for past pain and suffering; $7,000,000 for future pain and suffering; $109,934 for past medical expenses; $923,594 for future medical expenses; and $0 for lost wages. As a result of the bicyclist having agreed to a "high" of $3,000,000--that's all he will get. There are no post trial motions or appeals allowed. 

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 New York 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. Ron 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 " and "Top New York Settlements." 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 was 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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