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Articles Posted in Car Accidents

Published on: November 2, 2022

Appellate Division set aside future pain and suffering award as it was based on too short of a life expectancy. Abreu-DePena v. Weber, 2021 N.Y. Slip Op. 224 (N.Y. App. Div. 2021)

by Stephen Bilkis

In a personal injury case, when it comes to determining the amount of damages for pain and suffering and future medical expenses, the jury will look at number of factors including who was at fault, the seriousness of the injuries, the treatment involved, the treatment that will be required in the future, and the life expectancy of the victim.

In general younger victims will receive higher pain and suffering awards than older victims with similar injuries because younger people have a longer life expectancy. As a result, they would have a longer period of future pain and suffering.

Background

Published on: January 9, 2022

Appellate court rejects New York State’s “storm in progress” defense. Scheuer v. State of New (2021 NY Slip Op 05906)

by Stephen Bilkis

In the case of a car accident that killed one person and severely injured another, the appellate court was asked to consider whether the “storm in progress” defense applied.

Background

On March 2, 2005, 25-year-old Jeremy Killenberger and 25-year-old James Croote were passengers in a car being driven by Kevin Miller on State Route 7 in Princetown, Schenectady County. There was snow and ice on the roads that day. As a result of the poor conditions, Miller lost control of the car. The car crossed over the center lane and crashed into a snowplow. Killenberger was seriously injured and Croote was killed.