On April 15, 2021, the New York Appellate Division, First Department court announced that traumatic brain injury victim Mark Perez would be awarded a $20 million settlement for his pain and suffering, marking a new record for pain-and-suffering damages from an appellate court in the state.
Founder Benedict Morelli served as Perez’s legal representative and made comments in several interviews about his satisfaction with the case result. Having gone through multiple appeals, Morelli commented that the court’s decision in Perez v. Live Nation Worldwide, Inc. shows promise for personal injury lawyers in New York to pursue additional compensation when negotiating settlements for their clients.
Perez suffered multiple permanent injuries in a construction fall accident
When Perez v. Live Nation Worldwide, Inc. was first presented to the New York courts in 2013, it laid out the extensive amount of injuries that plaintiff Mark Perez suffered.
In June 2013, Perez fell 10 feet while working on the construction of a Best Buy booth at the Jones Beach concert venue. The fall occurred because a forklift hit the booth, causing Perez to lose his balance and fall on his head. Perez suffered skull fractures, a traumatic brain injury (TBI), and other severe injuries (some of which are permanent), including:
- Facial fractures
- Spinal fractures
- Chronic headaches and other pain
- Post-traumatic epilepsy
- Sensitivity to light and noise
- Depression and anxiety
- Post-traumatic stress disorder (PTSD)
- Cognitive dysfunctions involving visual perception and attention
- Loss of brain tissue
- Coma
Perez’s physicians estimated a 10 percent survival rate when they first treated him. Since his recovery, they estimate that Perez will suffer lifelong consequences from his brain injuries.
Even beyond the physical, mental, and emotional injuries Perez suffered, he also lost his relationship with his fiancée, his ability to enjoy former hobbies (e.g., snorkeling and flying places), and his ability to maintain a normal lifestyle.
$20 million NY record settlement could mean a brighter future for pain and suffering cases
Since the appeals court’s decision to grant Perez $20 million for his pain and suffering, it has shed new light on what personal injury lawyers in New York may be able to accomplish for their clients. However, it is understood that Perez’s case may be an outlier for some years to come.
“I think that the court was ready to start making a move to bring the damage awards into the modern era, into 2021, where we know that things are very different,” Benedict Morelli told the New York Law Journal in a phone interview, noting the salary difference seen today versus the past.
Paving the way for new legal strategies
Perez v. Live Nation Worldwide, Inc. can now serve as a leveraging tool for personal injury lawyers who want to fight for fair compensation for their clients’ long-term pain and suffering.
“There aren’t that many catastrophic injury cases that go up to the appellate court,” Morelli told Bloomberg Law. “Going forward, plaintiffs and defendants will bring this case up when they’re negotiating.”
Morelli Law Firm aims to keep fighting for injured persons in New York
Morelli Law Firm was established with the intent to help accident victims and other victims of injustice stand up against negligent and malicious parties. Our team of attorneys works under the guidance of Benedict Morelli, and we aim to fight for your interests in your case.
If you suffered a severe injury in an accident, we want to help you hold the at-fault party or parties accountable for your damages, even if that means going up against major corporations. When we take on a case, we offer to:
- Investigate the nature of the case to identify liable parties, evidence, and additional information
- Represent you during communication outreach from insurance companies, attorneys, and other interested parties
- Prepare and submit legal paperwork within the respective deadlines
- Calculate the value of your damages, including damages you have yet to experience but can reasonably expect to
- Represent you during settlement negotiations
- Represent you during a trial by jury and judge
- Advise you throughout the course of the case
Our team of attorneys also works for a contingency fee, so we do not charge any attorney’s fees unless we manage to win a settlement for you. We also take our percentage out of your settlement award, which we will discuss in more detail during your initial consultation with one of our team members.
Let Morelli Law Firm fight for compensation for your pain and suffering
While Perez’s $20 million settlement is most likely going to remain an outlier among pain and suffering rewards, our team at Morelli Law Firm aims to continue fighting for the compensation our clients deserve. If you suffered a serious injury that resulted in numerous damages, including pain and suffering, reach out to our legal team today for a free case review.
Call Morelli Law Firm for a free consultation today.