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New York Law Journal, April, 1994
The Jury Verdict Reporter conducted a ten-year study of the breakdown of jury verdicts awarded in New York City personal injury cases. Over the ten-year period, juries across New York City awarded $3.2 billion for personal injuries in 2,400 cases. Plaintiffs won 74 percent of cases brought to verdict in the Bronx, as opposed to 55 percent of the cases in Queens. In Queens, however, although a plaintiff’s verdict was less probable, once a finding of liability by a defendant was found, the verdict was higher on average than for other counties, an average of $1.9 million, as opposed to an average of $1.3 million in the second place Bronx.
The verdict value of an injury was found to vary from county to county. For example, a plaintiff suffering a herniated disc would be compensated an average of $740,000 in the Bronx, but only $502,000 in Queens. The verdict value of a wrongful death suit was highest in Manhattan – $1.9 million, and lowest in Brooklyn – $1.2 million.
Although cases with punitive damage awards received a great deal of publicity, this type of award was granted in only 50 of the 2,400 cases, and the total punitive damage awards were about 3 percent of the total dollar amount of awards.
Another interesting finding pointed up by the study was that during the past five years, Manhattan, Brooklyn and the Bronx have seen an increase in verdicts finding for the defendant, mirroring a national trend in that direction. Additionally, in about 30 percent of cases where juries granted damage awards to plaintiffs, judges reduced the awards by an average of about 50 percent. In fact, the final awards granted, as adjusted by the courts, were much more consistent across county borders than were the jury verdicts.
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