In some Buffalo personal injury lawsuits, the injured party may successfully prove that the other party was responsible but still be awarded inadequate compensation from the judge or jury that tried the case. When this happens, the injured person should consult with an experienced personal injury attorney to determine if there is any merit to appealing the verdict.
Under section 5501(c) of the New York Civil Practice Law and Rules, the appellate division may be asked to review “a money judgment in an action in which an itemized verdict is required by rule forty-one hundred eleven of this chapter in which it is contended that the award is excessive or inadequate and that a new trial should have been granted unless a stipulation is entered to a different award.” Under these circumstances, “the appellate division shall determine that an award is excessive or inadequate if it deviates materially from what would be reasonable compensation.”
Personal injury cases fall under this regulation. As a result, an inadequate monetary award may be appealed. When this happens, the appellate division will first determine if the monetary award is, in fact, inadequate. Typically, if it finds the award is inadequate, it will then set forth an amount that it believes constitutes reasonable compensation. If the parties do not agree to the amount proposed by the appellate division, a new trial must be held on the issue of damages.
What constitutes “reasonable compensation” is determined by comparing the damages to those awarded in prior similar cases. As a result, an experienced personal injury attorney should be consulted to evaluate the damages and determine whether the appeal has any merit before proceeding.
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