After a trial court found that a construction worker's fall from a ladder at a New York worksite fell within the ambit of NY Labor Law 240(1), a New York County jury proceeded to award $13 million to the worker for his injuries resulting from the fall.
So why is this blog-worthy?
Simple. Because the breakdown of the jury's award is instructive on how you arrive at a damages figure in a New York construction accident case.
In this particular case, the plaintiff, among several other serious injuries, sustained a serious traumatic brain injury that required multiple surgical procedures to reduce the pressure and swelling in his skull, and he apparently had (and still has) some difficulty swallowing secondary to his brain injury.
To that end, the jury came up with their award totals based upon his past and future suffering medical expenses, loss of earnings and pain and suffering. Here's a summary of the amounts awarded specifically to the plaintiff worker (excluding the amounts awarded for his wife's derivative, loss of services, claim):
$897,217 Personal Injury: Past Medical Cost
$4,250,000 Personal Injury: Future Medical Cost
$461,240 Personal Injury: Past Lost Earnings Capability
$712,400 Personal Injury: FutureLostEarningsCapability
$3,000,000 Personal Injury: Past Pain And Suffering
$3,000,000 Personal Injury: Future Pain And Suffering
For additional information on this case, you can look up Munoz v. Hilton Hotels Corp., et al.
