Legal Memorandum: Verdicts for Amputation of a Foot in NY

Issue: What are representative jury verdicts or settlements involving foot amputations arising from vehicle-pedestrian accidents in New York?

A search through jury verdict files for cases involving the amputation of a foot or leg yields verdicts and settlements ranging from $2,300,000 to $10,555,720.  An April, 1996, study reported in LRP Publications’ Personal Injury Verdict Reviews indicates that reported settlements average 16% lower than jury awards for leg amputations below the knee, with medians of $762,500 and $907,500 respectively for the period from 1988 to 1996.  Further comparison of claims involving below knee amputations showed a compensatory probability range with the middle 50% of jury awards ranging from $438,918 to $2,252,500.  Jury awards ranged in total from $75,000 to $15,000,000, with 48% in excess of $1,000,000.  A compensatory mean value was reported as $1,978,987.  From 1990 to 1996, the compensatory median for below knee amputations was $907,500 whereas the settlement median was $762,500. 

An April, 2000, study reported in LRP Publications’ Personal Injury Verdict Reviews indicates that, on a nationwide basis from 1992 to 2000, 46% of jury trials involving pedestrian suits result in plaintiff verdicts.  Pedestrian suits involving pedestrians in the crosswalk resulted in plaintiff verdicts 57% of the time.

Relevant awards and settlements include the following:

•           A 33-year-old female kitchen assistant fell through a trap door in a restaurant and sustained a fractured ankle and other injuries.  When the ankle failed to heal, it was amputated.  The woman suffered from other complications, including migraines and loss of use of her right arm.  Her case was settled before trial for $2,300,000.  Richardson […]