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Lawyer Makes Mistake and Costs ME BIG TIME

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oldcrow

Junior Member
What is the name of your state?Maryland
A little background:I was hit by a auto in a repair shop three years ago and disabled with servere pain in both legs from a crushing injury. The liability was accepted for the accident by the business. The lawyer said to us before going in and doing his closing that we would not ask for a certain figure in any catagory such as past wages loss, future medical ,past medical and pain and suffering.We would let the jury decide this, but instead he wrote down on a large paper for the jury to see wage loss, past medical, pain and suffering and future medical which had a rough estimate for my medication which was 104,000 for a 21.7 year period. The jury came back and awarded me 261,000 for future medical because a medical expert said I will need a hip replacement in the future.The defence laywer told the judge we only asked for 104,000 so the judge reduced the settlement by 157000. That brings the total settlement before the lawyer fees of 40% to 369,000.I'am only 57 and can't work and no retirement.
I'am sorry for being so long winded but I need to know if there is any thing I can do in this case.
Any Lawful Advice Sure Would Be Appreciated
 


S

seniorjudge

Guest
"The defence laywer told the judge we only asked for 104,000 so the judge reduced the settlement by 157000."

This is called a remittitur.

The reduction by a judge of the damages awarded by a jury.
www.aoc.state.nc.us/district15b/orange/Glossary.htm

(lat.) to reduce, generally in law it describes a reduction of the jury's verdict made by the judge
www.lombardiperry.com/glossary.htm

For reasons you do not state in your post, the judge thought the award was too high.

I hope you get this reversed on appeal. Nothing in your post indicated that your lawyer did anything wrong.
 

oldcrow

Junior Member
A Little Follow Up

The award was 526,000 total.The jury was excused and left the court room. The defense lawyer asked where the future medical amount of 261,00 came from and what a ridiculous amount this was. She said that she based her statement on the fact that my lawyer had written the amount of 104,000 on his display easel in his closing.She said that was all he asked for in that catagory, therefore the amount awarded in that catagory should be 104,000 not 261,000 (which is what the jury awarded). The judge immediately agreed with her and adjusted the final amount down from 526,000 to 369,000. The 104,000 amount listed on the easel by my lawyer represented only my current pill medications times my life expectancy of 21 years. That figure on the easel was only used to show what my medications were and not future doctors visits or reabilitation,etc. My lawyer became flabbergasted and tongue tied.The judge said you have no bases for more money than the 104,000.The lawyer talked to the jury forman after the trial and asked about the figure of 261,000 they put down and he said they want me to have more medical in the future (21 years) for doctors visits and rehabilitation.
Could the judge have called the jury back in and asked what they had figured.
The reason I ask is because they were called back in before to readd the amounts in the column because the addition was off by 40000 (486000 and not 526000)?The column was broke down into paid medical ,lost wages past,pain and suffering , future medical and lost future wages based on life expectancy(21 years) I hope this explains the case a little more and thanks for your reply.
 
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