Damages Awards

Most Recent Trial Court Discectomy Verdicts

Recent verdicts involving the spinal discectomy surgical procedure confirm that many factors determine the ultimate outcome of a personal injury trial. The court venue, the type of case, liability, the attorneys, experts, the severity of injury, and other elements all play a role.

#1 $875,000 Fall on Waxes Floor. Bronx

INJURIES: Avila was taken by ambulance to the emergency room, from the scene of the accident. She claimed cervical disc herniations at C4-5, C5-6 and C6-7, as well as a lumbar disc herniation at L5-S1. She underwent physical therapy to treat the injuries for a [...]

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In May 2010, the trial lawyers at Frekhtman & Associates settled a trip and fall case in Brooklyn Supreme Court for $325,000.  The plaintiff alleged that he tripped and fell due to a raised sidewalk in front of a Burger King in Brooklyn. He sustained a fractured wrist which required surgery. The defense argued that the plaintiff did not go to the hospital immediately after the fall and never reported the incident to anyone. This coupled with the plaintiff’s prior criminal history including convictions for forgery led the defense to argue that plaintiff did not really fall where he claimed. [...]

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A high low agreement is made between the lawyers for the plaintiff and defendant with the consent of their clients. Such an agreement is a contract that sets a ceiling and a floor on the recovery thereby seeking to limit the potential payout defendants must make in the event of a large jury verdict while confirming the plaintiff will receive some baseline monetary amount. For example, in a personal injury action where the insurance policy limits are one million dollars ($1,000,000), the parties may enter into a high low agreement of $100,000 to $550,000. This means that if the [...]

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Often times the plaintiff and his or her attorney will make an agreement with the defendants and their attorneys called a high low agreement. The purpose of such an agreement is to set a high or ceiling value as well as a low or floor value for which the case will be resolved. This guarantees the injured plaintiff will receive monetary compensation thereby eliminating the possibility of obtaining no recovery in the event of a dismissal or defense verdict after trial. It also sets a ceiling on the recovery which defendants favor because it prevents them from having [...]

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Two women were riding in a motor vehicle in Brooklyn when a New York City Transit Authority bus disregarded a red light and collided into their car.

At trial, a jury found the NYCTA liable and awarded one woman $7.25 million and the other $250,000.

NYC Transit plans to appeal the verdict.

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An elderly woman was walking home along a pedestrian sidewalk when she was caused to slip and fall due to an icy condition in front of a red brick building owned by an absentee landlord and rented by tenants.  She sustained a trimalleolar fracture of her ankle which required surgery in the form of open reduction internal fixaton (ORIF). State Farm insurance company was the homeowner’s insurane carrier for the building in question.  Prior to trial, State Farm took a no pay position on this case. During trial, they offered $25,000 due to difficult liability. The trial lawyers at Frekhtman [...]

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The trial lawyers at Frekhtman & Associates recently scored a major victory by settling a car accident case for $100,000.00. Although the amount is not extraordinarily high, it is a significant result in light of the injuries sustained by the client and the current New York No Fault serious injury threshold law or Insurance Law 5102(d).  The client sustained bulging discs to his cervical spine after the accident and had about 3 months of treatment.  Usually such cases can be dismissed for lack of serious injury or failure to meet the minimal threshold needed under NY law. In this case [...]

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An infant recovered $1,400,000.00 in a medical malpractice case involving failure to diagnose a brain tumor which pressed on his optic nerve and caused blindness. The delay in diagnosis was brief, only about 4 months from the onset of symptoms until the time when his pediatrician correctly diagnosed the condition. Because of this many medical experts said there was no causation or that the blindness was not caused by the failure to diagnose. His attorneys were persistent and kept speaking to specialists until an expert made the connection. Prior to trial, the parties negotiated a $1,400,000.00 settlement which [...]

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A construction worker carrying re-bar in Manhattan during construction of a high rise apartment building in mid-town was injured when he tripped and fell over loose debris on the surface. He sued the general contractor and the owner of the property. His attorneys, Frekhtman & Associates, were able to settle the matter during mediation for $450,000.00. The worker suffered an anterior cruciate ligament or “ACL” tear to his knee which required surgery. The case was venued in Brooklyn Supreme Court.

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Frekhtman & Associates, a New York based construction accident law firm has recently settled a case involving a Brooklyn laborer who fell from a ladder while stripping a circular staircase inside a large multi-apartment dwelling. The plaintiff was working on the ladder when another worker moved a piece of sheetrock which cause other piles of sheetrock to fall over onto their side. The last such piece fell and struck the ladder causing it to topple over. The plaintiff sustained a serious injury including a fracture of his ankle which required open reduction internal fixation. Defendant moved for summary judgment [...]

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