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Queens Car Accident Victim - $46M Jury Award Reduced to $2.3M

On June 30, 2021, the appellate Court for Queens jury trials upheld, in part, the trial Judge who radically slashed an excessive jury verdict awarded to a 41 year old man severely injured in a car accident. The only issue at trial was damages, or how much to compensate the injured plaintiff. He had suffered two herniated cervical discs at C-5/6 and C-6/7 and required fusion surgery at C-6/7. His medical expert testified that he will necessarily undergo another fusion procedure in the future at the C-5/6 level. The plaintiff also underwent arthroscopic knee surgery for meniscal and ligament tears and will need to undergo a total knee replacement in the future.

The plaintiff explained to the jury that “prior to the surgeries he was in such pain that he could not sleep, shower, or tie his shoes.” He also testified that “he was unable to perform many of his usual activities, such as playing soccer, cooking or dancing, because he is unable to stand for long periods of time, lift things, or move like he did before the accident.” The jury awarded $5,000,000 for the past 2 years of pain and suffering (cut to $625,000); $36,000,000 for future pain and suffering over the next 41 years of his life (cut to $1,000,000) and $5,000,000 for future medical expenses (cut to $680,000). The appellate court modified by allowing plaintiff another damages trial if he disagreed with the reductions of the trial court which is the standard proviso when reducing a jury verdict considered excessive. Nieva-Silvera v Katz, 2021 WL 2672743

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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