Legal Memorandum: Verdicts in Foot Amputations

Issue: What are recent jury verdicts or settlements involving foot amputations arising from vehicle-pedestrian accidents in Orange County, New York and surrounding areas?

A search through jury verdict files of several databases for cases involving the amputation of a foot or leg yields verdicts and settlements ranging from $2,300,000 to $10,555,720.  Those cases are discussed below. 

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.      

Awards and Settlements

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 […]