Friday, October 2, 2009

ankle fracture

A significant ankle fracture pain and suffering verdict has been reviewed by the New York State Court of Appeals and in its decision this week in Kings County a verdict was reduced from $800,000.00 to $550,000.00. A 69 year old male slipped and fell and broke his ankle and sued the building owner for negligence claiming that the stairs were slippery. The defendant's argued that they were not negligent. The man suffered a trimalleolar fracture and required surgery (open reduction, internal fixation). The jury awarded $800,000.00 and the Court reduced it to $550,000.00.

Each case is different. Each plaintiff is different. Each injury is different.The best guide we can offer is to look at:
1. Plaintiff's age;
2. the credibility of parties and attorneys;
3. whether the doctors for both side agree on the significance of the injury;
4. whether plaintiff needs pain medication;
5. prior surgeries and the need for future surgery; and,
6. lost earnings.

If you want to discuss an ankle injury call Ted Novick, Esq., a partner in the firm at 914-288-9595 or email him @ tnovick@ggpnllp.com

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