Rarely do Buffalo personal injury attorneys conduct a trial without presenting the testimony of a doctor who treated the client. It is even rarer for cases without such testimony to be successfully tried. Recently, however, a New York State appellate court upheld a $100,000 award to David Barnes for pain and suffering in a case where no treating physician testified.
Medical providers are usually called by the plaintiff to provide testimony confirming that the injuries were caused by the accident, outlining how the injuries relate to the plaintiff’s complaints of pain and suffering, and explaining how much the plaintiff can be expected to suffer in the future. It is very difficult for plaintiffs to prove their pain and suffering claims, especially regarding future suffering, without such testimony.
In Mr. Barnes’ case, he suffered a broken jaw when the driver of the car he was in lost control of the vehicle. The court found that the driver was liable before the case was brought to trial, so the only issue presented to the jury was the amount of damages, if any, Mr. Barnes was entitled to receive.
At trial, the plaintiff’s testimony and medical records were used to establish the degree of the injury and the pain he suffered as a result. Despite the absence of medical testimony, the jury awarded him $100,000 for past pain and suffering and $100,000 for future pain and suffering over the next 25 years. This award was reduced by half based on the plaintiff’s own contribution to his injury by not wearing a seatbelt.
The defense appealed this award, but the appellate ruled the jury’s conclusions were reasonable and upheld the verdict. While we generally would not recommend following this path in trying a personal injury case, it is an interesting aberration from the normal course such cases usually take.
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