Case Histories
Construction Accident #1The plaintiff, a union sheet metal worker, fell eight feet when the ladder he was on tipped. He dislocated his right wrist, fractured his right elbow, sheared the ligament that attaches the bones in the right forearm and tore the cartilage in his right knee.
At trial, the defense claimed he could return to a different type of work and that he was only in court for the money. Nevertheless the jury awarded the plaintiff $15.2 million, including more than $10 million in wage and benefit losses.
Construction Accident #2
A 28-year-old Albanian laborer fell 15 feet to the ground when the scaffold he was working on collapsed. He broke his right wrist, left elbow, and six teeth and also herniated a disk. His coworker, who also fell due to the same collapsing scaffold, herniated a disk and sustained injuries that impinged on the full use of his right shoulder.
Both plaintiffs were represented by the same lawyer until, shortly before trial, David Perecman took over the representation of one of the clients. Despite the similarity of circumstances surrounding the accident as well as the trial, in the future damages category Mr. Perecman won $6 million for his client while the other attorney won a mere $150,000.
The trial lasted six weeks. In total, the verdict for the plaintiff came to $9.8 million.
Construction Accident #3
The plaintiff, a 50-year-old construction worker, fell seven stories from a Manhattan apartment building when the ropes supporting his suspension scaffold snapped and his lifeline failed. He broke his back, pelvis, right ankle and a finger. The court found that dry rot in the ropes caused the accident and held that the defendants must compensate him for his injuries.
It was a devastating accident that threatened to destroy the plaintiff's life. At the time of impact, he was falling at the rate of close to 50 miles per hour. Among other problems, his injuries resulted in erectile dysfunction and loss of bladder control. However, he recovered well enough to walk, take a train and care for himself.
At trial, the defendants attacked virtually every aspect of the plaintiff's case. In addition to downplaying his injuries, they made a point of noting that he was paid cash, did not file taxes and was an illegal alien. David Perecman, who tried the case, took the issue head-on. He told the jury that "when the plaintiff comes to America to do the work no one else wants to do, he's cheap labor, but when he suffers a serious injury on the job, he's an illegal alien." The jury sided with the plaintiff, awarding him more than $10 million.
Workers' Compensation
Knowing how a workers' compensation aspect can affect a related personal injury claim, and vice versa, is a key factor in maximizing the final recovery allowable under the law Because the court can limit damages for pain and suffering, especially from a psychological injury, the way various damages are classified is important. For example, as one of our cases showed, proof that a plaintiff would need live-in help as a result of his injuries substantially increased one man's recovery by adding additional compensation outside the limited pain and suffering category.
Premises Accident
The plaintiff, a woman with muscular dystrophy, broke her leg when her wheelchair became lodged in a pothole and tipped, throwing her to the ground. She contended that her injuries exacerbated her muscular dystrophy and rendered her permanently wheelchair bound. The housing authority, which owned the parking lot where the plaintiff fell, relied heavily on the fact that she used a wheelchair before the accident and disputed her contentions, arguing that she was not substantially injured.
David Perecman, who tried the case, flew the plaintiff's orthopedist up from North Carolina to testify that the plaintiff was able to walk six months prior to the accident. The doctor's testimony that he witnessed the plaintiff stand up and walk over to him to shake his hand disproved the defendent's claim that she was wheelchair bound before the accident. Shortly after his testimony, the defendants agreed to settle the case for $1.8 million.
Medical Malpractice
The plaintiff, an infant, was born at Kings County Hospital. During the delivery, the hospital failed to provide an obstetrician to supervise the labor or monitor the condition of the plaintiff with a fetal heart monitor. The plaintiff suffered from hypoxia and anoxia due to lack of oxygen during the labor process, resulting in spastic cerebral palsy. She is wheelchair-bound, requires nursing care and attends a school for the impaired. Yet, numerous lawyers opined that plaintiff had no claim against the hospital. David Perecman took on the case, found the flaws in the medical care provided to the plaintiff, obtained medical experts and, after jury selection, settled the case for $1.7 million. He also negotiated the waiver of several hundred thousand dollars in liens. Now the family lives in a home suitable for this child's needs.
More recently, the Perecman Firm successfully resolved a similar case for over $5 million.
