Dansker & Aspromonte represented a young police officer injured when he was a passenger in a patrol car which was involved in an intersection collision in Manhattan. He sustained multiple injuries including a torn rotator cuff, torn meniscus and herniated discs. As a result of the injuries he sustained, PO F was deemed disabled by the department and retired from the police force on ¾ disability.
Ordinarily, a defendant would be permitted to offset the money received by a plaintiff in that circumstance and reduce whatever award the plaintiff received from a jury for lost future earnings in that amount. However, Dansker & Aspromonte knew that the law applying to police and firefighters does not permit the City to take a setoff and allows the plaintiff to keep the full amount of any recovery for lost future earnings regardless of his disability pension.
The settlement was a good one but could have been more had it not been for the plaintiff himself saying that he had enough of trial and wanted to end it despite Mr. Dansker telling him he was entitled to more and would get it if he continued with the trial.
NOTE: We at Dansker & Aspromonte will fight for you to the end. We will even try to push you to continue if you waiver when we are convinced we can win more. However, no amount of prodding and cajoling could move this plaintiff to stay the course. He still got a good settlement but it could have and should have been more.