What is the video about?

In this episode, attorney Jonathan C. Reiter discusses the intricacies of medical malpractice law in New York, focusing on surgical errors and misdiagnosis causing delayed treatment, especially in cancer cases. He explains the legal requirements for proving malpractice, the statute of limitations, and recent legislative changes like Laverne’s Law. Mr. Reiter highlights challenges such as ‘junk science’ in defense and the emotional toll on victims. He advocates for better compensation for emotional injuries and addresses the impact of the Grieving Families Act, which aims to provide compensation to family members for grief and emotional harm in wrongful death cases, but which has been repeatedly vetoed by the Governor.

Medical malpractice occurs when healthcare professionals act negligently, adversely affecting victims and their families. Key elements and types of malpractice cases are discussed, along with the statute of limitations for claims. Lawsuits face challenges, including finding qualified expert witnesses and persisting through the potentially long delays in prosecuting lawsuits in New York courts.Ěý Victims may experience deep emotional consequences as well as economic losses from the malpractice that may impact their ability to support themselves and their families.Ěý

What constitutes negligence in medical care?

Medical malpractice, as shown in the video, constitutes negligence by medical professionals including doctors, physician’s assistants, nurse practitioners, hospitals and other health care providers. This negligence must involve a departure from the accepted standard of care causing injury or death to the patient. Proving negligence is not enough.Ěý A causal link between the negligence and the resulting harm must also be proven.

What constitutes a departure from standard care?

A departure from the standard of care in medical malpractice means the medical professional’s actions did not follow accepted practices within the profession. It results from doing an act that a reasonable and prudent physician would not do, or failing to do an act that a reasonable and prudent physician would do. This deviation from the standard of care must have resulted in injury or death to the patient.Ěý Negligence and causation are both necessary to prove in a successful lawsuit.

How is causation established in malpractice?

In New York medical malpractice cases, establishing causation means showing that the physician’s negligence was a substantial factor in causing the patient’s harm.Ěý This involves proving the doctor’s actions, or lack thereof, resulted in the injury or death. It is not necessary to prove that the physician’s negligence was the only factor, so long as the jury finds that it was a substantial factor in causing the harm.Ěý Demonstrating a loss of chance for a better outcome is particularly important in misdiagnosis or delayed treatment scenarios.Ěý

How does misdiagnosis affect cancer treatment outcomes?

Delayed cancer diagnosis resulting from medical errors can drastically lower the chances of a successful outcome.Ěý For instance, a delay might allow a tumor to progress and metastasize to other organs and thereby decrease the cure rate from 85% to a mere 20% or less. This reduction in the probability of a positive outcome is termed “deprivation of chance.”Ěý This highlights the critical need for timely diagnosis and treatment to avoid fatal outcomes.Ěý

What is New York’s statute of limitations for malpractice?

New York’s medical malpractice statute of limitations is generally two and a half years from the date if the malpractice.Ěý However, exceptions exist, such as the continuous treatment doctrine, which delays the running of the statute until treatment by the negligent doctor concludes.Ěý In cancer misdiagnosis cases, the statute begins to run when the cancer is discovered, not necessarily when the negligent misdiagnosis occurred. There is also a discovery rule applicable to cases in which objects such as sponges or surgical instruments are negligently left in the patient’s body during surgery. Nevertheless, if the patient has a reasonable suspicion that malpractice has occurred, it is wise to obtain legal counsel as soon as possible.Ěý

#MedicalMalpractice, Negligence, EmotionalImpact, GrievingFamiliesAct, LegalChallenges

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In the aftermath of an airline crash, all attention is focused on how the crash happened and who is at fault for causing it. But once the lawyers get involved there will be a battle over how much each grieving family can recover in monetary damages and this depends upon what law the court will apply to the subject of damages. Passengers and crew in an aviation accident may come from different countries and different states. The laws applicable to wrongful death damages in those countries or states may be radically different from each other, with some places allowing very limited recoveries and others allowing substantial damages. Despite early expressions of sympathy for the victims’ families by the airlines and governmental entities, once lawsuits are filed, the lawyers for these defendants will be arguing for the application of law of the country or state that will cost their clients the least in damages. Conversely, the families of the victims will seek to apply the laws of the jurisdictions that allow the maximum recovery.

This subject falls under the legal term “conflict of laws”, meaning that where two or more potential jurisdictions are involved whose laws differ on a particular subject, the court needs to decide what law will apply. The answer to this question also depends upon what court is making the decision. The court where the lawsuit is brought is called the “forum” and the conflicts of laws rules of potential forum states may also vary. This is a jigsaw puzzle that lawyers for the victims will have to navigate.

As an example, in the Colgan Air Flight 3407 crash in upstate New York in 2009 – the last crash of a commuter plane in the United States prior to the recent disaster near Reagan National Airport – our law firm represented the family of a young woman who was a citizen of the People’s Republic of China. She was working at a major accounting firm in New York City for a two-year assignment. She was earning a multiple six figure salary and had great prospects for future advancement. Her husband was living with her in New York City and they planned to ultimately become U.S. citizens. The wrongful death law of the State of New York permits full recovery to the victim’s family for “pecuniary loss”, meaning the amount of money the victim’s survivors will lose in support over the projected lifespan of the victim, along with damages for loss of a parent’s “nurture, care and guidance” where there is a child involved. Applying the law of New York-the place where the crash occurred-the damages would likely be in the many millions of dollars. Fearing an enormous damages award, lawyers for Colgan Air argued that the Court should apply the damages law of the People’s Republic of China which they argued was the victim’s “domicile”.Ěý The law of the People’s Republic of China only allowed damages in the amount of a fixed multiple of the average wage of persons in the town or city where the victim had permanent residence, without regard to the actual income or earning power of the victim. This would have resulted in a very small fraction of what the case was worth under New York law. This was a true “conflict of laws” that had to be resolved by the Federal Court in New York, which was the “forum state” because the lawsuit was brought in New York.

ĚýIn airline crashes, the Courts are typically asked to apply either the law of the place of occurrence or the law of the victim’s domicile. A person’s “domicile” is a person’s permanent residence-the place to which the person intends to return even if they are living elsewhere temporarily. The law of the place of occurrence, is traditionally referred to by lawyers with the latin phrase “lex locus delicti” – literally the law of the place of the wrong. Sometimes the law of the domicile benefits the victim’s family, and sometimes the law of the place of occurrence benefits the family. There may also be disagreement as to what the victim’s domicile is at the time of the crash. In the case of our Chinese client in the Colgan crash, defendant argued that her domicile was still China, even though she was living in the United States intending to ultimately become a US citizen. Regarding the location of the crash this may also be a disputed subject. In the Colgan crash, we successfully argued that New York law should apply under the principle of “lex locus delicti”, based upon the prevailing conflict of laws rules in New York.Ěý This resulted in a recovery for the family exponentially higher than what would have been available under Chinese law.ĚýĚý

Application of the law of a foreign country to an airline crash in the United States can thus have serious financial consequences for a victim’s family. The People’s Republic of China is one example, but other countries such as Russia and various countries in Latin America, Asia and the Middle East may have much more restrictive damages laws. Families of such victims would seek to have United States law applied i.e. “lex locus delicti” and not the law of their home country. Conversely, a United States citizen might be killed in an airplane crash in a foreign country and the family would seek to have the damages law of the victim’s “domicile” applied. For example, we represented the family of a victim in the Lockerbie crash in Scotland where the damages law was markedly less favorable than the victim’s domicile in the United States and successfully argued that under the facts of that case, the location of the crash itself was fortuitous i.e. essentially random, and the victim’s domicile was a more persuasive factor-again resulting in a recovery miles above what would have been available in the foreign jurisdiction.

ĚýConflicts also arise between the laws of different states. For example, while virtually every state in the union allows damages for the grief and emotional suffering of family members, so called “non-economic” damages, New York, at least at the present time, does not allow this category of damages, limiting recovery to “pecuniary loss”. Efforts to remedy this deplorable situation have been stymied by New York’s present governor who has vetoed the so-called “Grieving Families Act” passed by the legislature multiple times. Some states that do allow non-economic damages in wrongful death cases may impose “caps” on those damages which vary from state to state, although most states do not impose such caps. Some states, such as New York allow damages for the pain and suffering of the victim prior to death, including pre-mortal terror and awareness of impending death, a category of damages pioneered by our firm, whereas some states do not allow such damages.Ěý Conflicts may also arise when Federal laws are involved, such as the Death on the High Seas Act, where the plane crashes is over the ocean, or Federal common law.

As philosophical questions, one might ask shouldn’t all victims’ families in the same plane crash be governed by the same law of damages? Indeed, sometimes the court comes to that conclusion, but not necessarily for that reason. For example, in the case of the crash of American Airlines Flight 587 into Jamaica Bay in 2001, we represented numerous victims’ families from the Dominican Republic, but ultimately all those cases were decided under Federal law. Often however, for better or worse, courts apply different damages laws to different victims, resulting in disparate treatment that may be deeply troubling to some families, while benefitting others.

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Attorney Jonathan C. Reiter NYC Public Transportation Accident Lawyer As NYC Reopens

New York, NY , July 11, 2020 (GLOBE NEWSWIRE) — With one of the largest and most complex NYC public transportation systems in the world, public transportation in and around New York City serves a population of 15.3 million people. 

Unfortunately, public transportation accidents happen every day. Pedestrians and bicyclists can be struck by a bus. Bus passengers can be involved in accidents, and people who take trains, or the subway can be hurt in a crash. Passengers on the Staten Island Ferry may be injured in falls or collisions. Injuries span a wide range, from cuts and bruises to broken bones, traumatic brain injuries, amputations and death. 

When an individual is injured on public transportation in New York City, they may be entitled to compensation for their pain and suffering, lost wages, medical bills, and other losses. The entities and authorities behind public transport have a duty of care toward people who use public transportation as well as pedestrians and bicyclists. If they breach this duty of care, they can be found liable for any negligence that caused the injuries or death.

Public Transportation Accidents in New York City

In a city as large and congested as New York City, the majority of people don’t use private vehicles to move about. Instead, it’s typically much faster, cheaper, and convenient to use public transportation. 

As a result, the City has a vast network of public transportation that encompasses buses, trains, trams, subways and ferries. 

The city’s bus and rail public transportation network is operated by the Metropolitan Transportation Authority (MTA) and New York City Transit. The Staten Island Ferry is also part of New York’s public transportation system, and ferries have been involved in several serious collisions with docks in the past that caused serious injuries and death to passengers.

New York City Subway Accidents  

Subway accident injuries can occur in a number of ways. For example, passengers can get injured if a subway stops suddenly and without warning, or when a subway car derails. Injuries can also happen due to equipment malfunctions or poor maintenance. 

It’s also possible for people to get hurt when they slip and fall on subway platforms or inside a subway car. People have also been injured due to malfunctioning subway doors, which close too quickly or trap a person’s body or part of their clothing or a bag in the door, leading to crushing or dragging injuries. 

Contact Jonathan C. Reiter NYC Subway Accident Lawyer at 212-736-0979.

NYC Bus Accidents 

People have been injured while riding buses operated by New York City Transit. These accidents can occur when a bus strikes another vehicle or a pedestrian or bicyclist. Buses can also malfunction due to poor maintenance or defective equipment.

Bus passengers may be injured due to a driver’s negligence or impairment. Passengers may also be entitled to compensation if they’re injured due to a driver failing to make a complete stop as a passenger disembarks or pulling away while a passengers tries to leave or board the bus. We have published more New York City bus accidents resources here. 

Contact Jonathan C. Reiter New York City  Bus Accident Lawyer at 212-736-0979. 

New York Train Accidents 

Like the subway, trains and trams can derail or collide with other train cars or stationary objects. Trains and trams can also malfunction due to improper maintenance or an inexperienced or negligent operator. People can also get injured due to slips and falls and other accidents inside a train or tramcar. 

Contact Jonathan C. Reiter Train Accident Lawyer at 212-736-0979. 

What to Do If You’re Hurt on NYC Public Transportation

If you use public transportation and you suffer an injury due to an accident, there are steps you should take to protect yourself in case you need to file a claim. 

• Document the scene with photos – Photographs can be compelling evidence in a personal injury case. If your phone has a camera feature, you or someone traveling with you can use it to take photos and videos of the scene. 

• Get the names of witnesses – If a passerby or someone else saw the accident occur, try to obtain that person’s contact information so that a statement can be taken from them. In some cases, people are even willing to let you record a video statement. It’s important to get an eyewitness’ statement as soon as possible after the accident occurs because memories fade over time.
  
• Get medical help – You should never ignore or minimize the possibility of an injury after a public transportation accident or any personal injury. Adrenaline tends to run high after an accident, and it can sometimes mask the symptoms of an injury. It’s common for injury victims to start feeling pain hours or days after an accident. This is why it’s always a good idea to go to a hospital emergency department or see a private doctor after an accident. 
• Wait for police or ambulance personnel to respond to the accident-If you have suffered an injury due to negligence involving public transportation, it is important that there is an official record of your accident and that your account of what happened is accurately recorded in a police report. If an ambulance has responded to the scene, the ambulance report may also become important evidence if there is a lawsuit filed to recover damages. 

Discuss Your Case with an NYC Public Transportation Accident Lawyer

If you have been injured while using public transportation in New York City, it’s important to discuss your case with a New York City public transportation accident lawyer. There are strict time limits for filing a claim, so don’t delay consulting with an experienced NYC public transportation personal injury lawyer. 

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NYC Public Transportation Accident Lawyer

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Even more troubling, these types of mistakes have more than doubled in recent years, according to studies by AARP and others.

Pharmacists’ Mistakes Lead to Injury and Death

Reports from the Chicago Tribune and the New York Times state that pharmacists from major drug retailers like CVS, Rite Aid, and Walgreens have written letters to their state regulatory boards expressing concern and frustration over understaffed work environments that make mistakes more likely. In one letter to a state regulatory board, a pharmacist wrote: “I am a danger to the public.” 

Just how dangerous? In 2019, a 17-year-old girl in Connecticut was ready to take her regular asthma medication when she abruptly realized the CVS pharmacist had dispensed blood pressure pills meant for another patient. 

In a November 2018 case, a 38-year-old man from Illinois ended up in the emergency room with eyes that were painful, swollen, and red. Doctors discovered his pharmacist had given him ear drops instead of eye drops. 

An 85-year-old woman in Florida wasn’t fortunate enough to discover her Publix pharmacist’s mistake until it was too late. By the time she was admitted to the hospital, she was dying from taking an incorrectly dispensed chemotherapy drug when her doctor had in fact prescribed her an antidepressant. She passed away after two weeks.  

Pharmacists Are Overworked and Understaffed in Many Areas 

In many cases, pharmacists around the country have tried to sound the alarm that they are overworked, putting patients at risk as mistakes increase. In most pharmacies in the U.S., you can find a pharmacist performing a flurry of tasks, from filling prescriptions and working the cash register to tending the drive-thru and answering phones. They may also be asked to give flu shots or provide medication counseling to patients. 

Unfortunately, many pharmacists are forced to multitask because it saves pharmacies money. By relying on pharmacists to fill all these roles, the pharmacy can avoid hiring assistants and other workers to take on these jobs. 

Statistics About Medication Mistakes

According to the Food and Drug Administration (FDA), 1.3 million people a year in the U.S. sustain injuries due to medication mistakes. This number more than doubled between 2000 and 2012. 

Various studies report different numbers regarding the number of fatalities caused by drug mistakes. Researchers say it can be difficult to pinpoint the exact number, as some patients may already have an underlying illness when they take a drug. In one study, there were 67,000 drug mistakes that caused 414 deaths. Researchers say it’s possible this number is higher, as their report only looked at drug mistakes patients reported to poison control. 

In the same study, researchers found that medication errors happen most often in patients over age 50, although they can happen at any age. In the majority of fatal cases, medication errors involve drugs prescribed for cardiovascular conditions, high blood pressure, opioids, and hormones. 

In fact, 1 in 5 drug mistakes involve medications prescribed for heart conditions, with two-thirds of fatalities attributed to drug mistakes involving heart medications. Additionally, the number of drug mistakes associated with diabetes rose by 300 percent. 

Researchers from Nationwide Children’s Hospital in Columbus, Ohio say the increase in drug mistakes involving diabetes medications could be due to the rise in people being diagnosed with Type II diabetes. 

Who Is Responsible for Medication Mistakes?

Pharmacies typically handle a high volume of patients, and they may not always have the staff and resources they need to dispense medication safely. If you’ve been injured due to a medication error, you may be entitled to compensation.  

While each situation is different, there are a number of individuals or entities that may be liable for the drug mistake that resulted in your injury. 

• The pharmacy – If you’ve been injured after taking medication filled at a pharmacy, the pharmacy itself may be negligent if its unsafe practices led to your injury. A pharmacy would also be responsible for the negligence of pharmacists or others whom it employs.
  
• The pharmacist – Pharmacists owe a duty of care to their patients. If they deviate from this duty of care, they may be held liable for a patient’s injury due to a drug mistake.
  
• Doctors – In some cases, medication errors are caused by a doctor’s negligence. For example, they might prescribe the wrong medication or fail to properly document a patient’s health history, which causes them to overlook a possible drug interaction. 

If you have been injured by a medication error, it’s important to discuss your case with a New York City medical malpractice lawyer Jonathan C. Reiter, as soon as possible. An can help you understand your rights as well as the next steps in your case.   212-736-0979

Sources:

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Construction work is one of the most dangerous jobs in the country, and workers face serious risks every day. Unfortunately, injuries are common says Jonathan C. Reiter a leading NYC based Construction accident lawyer. 

When a worker is hurt on a construction site, the first priority should be seeking medical care as soon as possible. However, it doesn’t take long for bills to start piling up. Additionally, construction workers must worry about missing time from work and dealing with pain from their injuries. 

On a large construction site, there can be many parties who bear responsibility for a construction worker’s injuries. 

Construction Sites Are Dangerous

According to the Occupational Safety and Health Administration (OSHA), over 4,300 construction workers were killed at work in 2014. These deaths accounted for over 20 percent of workplace fatalities that year.

The Centers for Disease Control and Prevention (CDC) states that construction workers suffer deadly workplace injuries at a rate three times higher than American workers in other industries.   

By nature, construction is a dangerous job. In some cases, workers must do their jobs at extreme heights, where a slip and fall can mean a catastrophic injury or death. Crews must also work with heavy machinery and tools that require electricity, putting them at risk of electrocution. In other cases, they must use chemicals and toxins on the job. 

On construction sites, around 95 percent of health issues workers encounter are due to injuries, with the remaining 5 percent made up of illnesses. Construction work injuries are so common that OSHA refers to the most common construction work injuries as the “fatal four.” Together, these four types of injuries accounted for over 60 percent of construction worker deaths in 2014. 

• Falls – At 40 percent of all construction deaths, falls are the most common accident type among the fatal four. There were 359 deaths in 2014.
  
• Electrocution – 8.2 percent of construction deaths were caused by electrocution, with 74 workers dying due to electrocution.
  
• Struck by an object – This can include objects dropped from a height or a tool or piece of machinery striking someone. These types of accidents accounted for 8.1 percent of fatalities, with 73 workers killed.
  
• Caught in between objects – Crushing injuries killed 39 construction workers and accounted for 4.3 percent of construction deaths. 

Who Is Liable for Construction Worker Injuries?

Many construction sites in New York City are sprawling job sites with a lot of moving parts. There can be many parties involved on a job site, and each of these parties may bear some responsibility for a construction worker’s injury or death. 

• Site owner – The owner of the site is usually the possessor of the property while a construction job is ongoing. As the land’s owner or occupant, the site owner typically exercises significant control over the site and the work being performed. This usually means they are legally liable for injuries or deaths that occur when they knew or should have known about a hazardous condition on the property.
  
• General contractor – The general contractor, as well as certain subcontractors, may be held liable when a worker is injured or killed. In many cases, it falls to the general contractor to make sure that workers have the appropriate safety equipment and training to work without being unnecessarily exposed to dangers.
  
• Architects – In some cases, a construction accident occurs because a building or structure is inherently unsafe or hasn’t been properly inspected before work is permitted to continue. It may be possible for an architect or a building engineer to bear responsibility for a construction worker’s death or injury. 
• Equipment manufacturers – If a construction site injury or death occurs due to faulty or defective equipment, the maker of that equipment could be held liable for a construction accident that leads to death or injury. 

What to Do If You Have Been Hurt on a Construction Site

If you have been injured on the job as a construction worker, there are steps you can take to help protect your claim. First, you should get medical help for your injuries. It’s important to avoid delays in medical treatment, as an insurance company or other responsible party might try to argue that your injuries were caused by some other type of accident rather than the construction site accident. 

You should also gather as much information as you can after your accident. If there’s an opportunity to file an accident report, make sure you follow the proper protocols for making your report. Talk to witnesses and ask them to write down what they observed. If possible, take photos of the accident site as well as your injuries. 

It’s also important to discuss your case with an experienced New York City construction accident lawyer. Construction injury cases can be complicated. A knowledgeable construction accident lawyer can help you understand your rights.  

Sources:

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If you have experienced a slip and fall, or a trip and fall accident on another person’s property in New York City, it’s a good idea to discuss your case with a New York slip and fall personal injury lawyer. You may be entitled to receive compensation for any damages you suffered, which may include medical bills, lost wages, and other expenses. 

What Is the Statute of Limitations for Slip, Trip and Fall accidents in New York?

Each state has laws that govern how long a person has to file a lawsuit. These laws are called statutes of limitation. A statute of limitation puts a limit on how long someone has to file a claim. If a statute of limitation didn’t exist, anyone could file a lawsuit against another person or a corporation decades or even a lifetime after an accident occurred.

Under New York law, individuals injured in a “slip and fall” or “trip and fall” accident have three years from the date their injury occurred to file a personal injury claim. The three-year time limit is the same for people who suffer property damage but no physical damage in a slip and fall case. For example, someone might slip and fall and crush an expensive watch but not get hurt physically. In that case, they must still file a claim within three years of the date of the accident. 

Despite the statute of limitations, there are certain circumstances under which the court might stop the clock from running. This is referred to as “tolling” the statute of limitations. This primarily applies to children for whom the statute of limitations is tolled until they reach 18.

Does Comparative Negligence Apply in Slip, Trip and Fall Cases? 

In some slip, trip and fall cases, the owner of the property or their insurance provider may try to argue that you bear some responsibility for the accident that led to your injuries. This is known as comparative negligence.

The property owner or insurance company may use this argument in an attempt to lower or negate any damages you may receive. Defense arguments based on comparative negligence can take a few different forms. In a slip and fall case, you might see the defendant argue any of the following:

• You trespassed in an area of the property where you shouldn’t have ventured.
  
  
• The area where you slipped and fell was marked with a sign or object that indicated it was slippery or unsafe.
  
  
• The dangerous condition was open and obvious.
  
  
• You were unreasonably distracted at the time of your slip and fall. For example, if you were looking down at a text on your phone and stumbled over a curb or down a set of subway steps, the defendant might argue that your negligence contributed to your fall. 

Even if none of these situations apply in your case, the property owner or their insurance company may still try to argue that they do. Keep in mind that insurers want to pay as little as possible toward a claim, which can lead them to raise as many defenses as possible. 

The most problematic aspect of slip and fall cases is proving that the property owner had notice of a dangerous condition prior to the accident. In cases of foreign substances on stairs or walkways, this can be particularly problematic. In trip and fall cases, where there is a defect in the property, expert testimony may be helpful to prove how the defect occurred and how long it was there without being fixed.

Comparative Negligence and Damages in Slip, Trip and Fall Cases

In cases in which the defendant or their insurance company successfully argues that the plaintiff’s negligence played a role in the slip and fall, the judge or jury can reduce the damages in accordance with the percentage of negligence attributed to the plaintiff. 

For example, assume your damages come out to $100,000 and the jury decides you are 30 percent responsible for the slip and fall, you would receive $70,000, as the court would subtract 30 percent of the damages from the original award. 

The comparative negligence rule can still be an issue in the event you enter into a settlement negotiation with the property owner or their insurance company. They can still argue that you are responsible for a certain portion of the negligence that led to the slip and fall.

This is why it’s important to consider working with an experienced New York City personal injury lawyer before attempting to negotiate with the insurance company. 

Contact a NYC Slip and Fall Personal łÔąĎÍ·Ěő Lawyer

Slip, trip and fall accidents are common, which can sometimes lead people to dismiss them as not being a big deal. However, people who have been seriously injured in a fall know how debilitating the injuries from a slip and fall can be. 

New York City is a busy, active place, and there are many hazards inside buildings and on the streets that can lead to a dangerous slip and fall, or a trip and fall. If you have been injured in a slip, trip and fall in New York, it’s in your best interest to consult with an NYC slip and fall accident injury lawyer /

Sources:

1. https://www.nsc.org/work-safety/safety-topics/slips-trips-falls 
2. https://www.nysenate.gov/legislation/laws/CVP/214 

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Prior results cannot and do not guarantee or predict a similar outcome with respect to any future case. Recoveries always depend upon the facts and circumstances of each case, the injuries suffered, damages incurred, and the responsibility of those involved.

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