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Do you know what past pain and suffering is? You don’t? Come join me, I’ll tell you
what it is. Hi. I’m Gerry Oginski. I’m a New York medical malpractice and personal
injury trial attorney practicing law here in the state of New York. I’m coming to
you today from Sanibel Island, Florida on vacation. And I want to share with you a couple
tips about what past pain and suffering is and how it might affect your particular case
in New York. Past pain and suffering is the injury that you suffer as a result of somebody’s
carelessness or wrongdoing, from the time of the event up until the time of trial. So
when you get to trial what will happen is there will be a gap of time from the event
– it will usually be a few years from the time the event occurred up until you’ve
reached trial – and now you’re asking a jury to make an award of compensation to
you for the pain and the suffering that you endured for the years before, from the time
of the event leading up to the trial. Now that obviously leads into the question of
what happens in the future. Well, in the future then we ask the jury to make an award for
future pain and suffering. When we discuss what’s going to happen to you in the future,
we have to bring in medical experts to now discuss what’s going to happen to you from
this point forward at the trial into the foreseeable future. Now nobody has a crystal ball but
we ask the doctors to make assumptions that based upon your past injury, based upon your
course of treatment, based upon what your problems are today, whether or not you’re
going to need any further treatment to treat your condition, what type of medical care
you’re going to need to take care of your problem, whether you’re going to need additional
surgeries in the future, and what your disabilities will be as a result of the wrongdoing that
originally occurred. And then a jury will have enough evidence to make a decision upon
which to base an award for the pain and the suffering that you endured from the event
until trial – that’s past pain and suffering, as well as the future and the suffering that
you are expected to endure as a result of the wrongdoing. So why do I tell you about
this? I tell you about this to give you an idea and an insight into what goes on during
the litigation process here in the state of New York. Now I’m shooting this here in
Sanibel Island, Florida but what I’m discussing with you applies to cases in New York, whether
it’s a medical malpractice case, an accident case, or even a wrongful death case. So chances
are you’re watching this. You probably have questions or concerns about your particular
matter and if you do, here’s what I want you to do. I want you to pick up the phone
and call me. I answer legal questions just like yours every single day and I’d be happy
to talk with you. You can reach me at 516-487-8207 or by email at lawmed10@yahoo.com. I’m Gerry
Oginski, coming to you from Sanibel Island, Florida today. Have a wonderful day.