Non-Surgical Neck Injury - 70 Yr Old Female Awarded $745,000 - Verdict Reduced On Appeal To $411,000

On December 27, 2023, an appellate court modified a Suffolk County jury verdict which found in favor of a female passenger in a car struck from the rear by a Suffolk County bus. The plaintiff, who was approximately 70 years old at the time of the accident in 2012, sustained a loss of range of motion in her cervical spine for which she received only medical treatment including, injections in her neck. The jury accepted plaintiff's theory that the accident caused her to suffer a permanent consequential limitation of her cervical spine. At the conclusion of trial in April 2019, the jury awarded the plaintiff $634,000 for 6 years of past pain and suffering and $111,000 for 10 years of future pain and suffering. The appellate court reduced the past pain and suffering to $300,000 resulting in a total verdict of $411,000.

Interestingly, since the appeal delayed entry of a modified Judgment until January 2024, some five years after the verdict, the plaintiff will be entitled to 9% statutory interest on the $411,000 recovery from the date of the verdict in April 2019 totaling approximately $185,000. Thus the appeal was worthwhile for the defense since it clawed back $334,000, though the delay it occasioned cost it $185,000 in statutory interest. But that's still a net win to the defense of $149,000. Angeles v County of Suffolk, 2023 N.Y. Slip Op. 06720

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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