Thursday, February 17, 2011

Recent Pain and Suffering and Loss of Consortium Awards For Leg Amputation

In Aguilar v. New York City Transit Authority, the First Department described the accident and injuries involving the plaintiff as follows: "Plaintiff, a 45-year-old married mother of three, was hit by a bus, dragged along the street and remained under the bus for some time while rescuers attempted to free her. As a result of the accident, her left leg was amputated above the knee and her right leg was rendered, essentially, useless. Plaintiff underwent 10 surgeries, had numerous setbacks and suffers from post-traumatic stress disorder and severe depression. She depends on others for the most basic of care, and because of complications from her prosthesis and residual pain from the accident, she has been unable to engage in relations with her husband."

The jury awarded the plaintiff $8 million for 3.7 years of past pain and suffering and $8 million for 32.6 years of future pain and suffering. The jury awarded the husband $1 million each for past lost services and future loss of services. On appeal, the First Department conditionally reduced the awards to $5 million for past pain and suffering, $5 million for future pain and suffering, and $500,000 for past loss of services, thereby affirming the future loss of services award of $1 million.

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