up pocketing less than half of all the money that is awarded. NYCJR suggests a scale where an attorney, after expenses and other limited deductions are accounted for, would recover; 30% of the first $250,000; 25% of the next $250,000; 20% of the next $500,000; 15% of the next $250,000; and 10% of any amount over $1,250,000. Scaling back these attorney fees would put more money in the plaintiff’s hands.Adopt a “statute of repose” – The statute would protect New York from damages on any construction project once completed. To establish a reasonable framework, NYCJR proposes a law limiting liability to 10 years both for product cases and for actions against engineers, architects, landscape architects and contractors. Bar recovery for injuries caused mainly by a plaintiff’s own negligence – persons injured in accidents caused mainly by their own negligence can now recover money from third parties who were less than 50% at fault. The City recommends that no award be available to a plaintiff whose “contributory negligence” is greater than the defendants’ combined negligence or whose injury was the direct result of alcohol or drug abuse.Stop felons from collecting from crime-related injuries – A convicted felon was injured while fleeing the scene of a crime successfully sued New York City for damages. To prevent such cases from arising in the future, NYCJR favors adoptions of a rule barring criminals from suing after they are hurt in the course of committing a felony. Taxpayers should not have to pay claims to people injured while violating the very law the taxpayers rely on for their own physical safety. Such a provision would prevent the kind of unjust awards paid out in cases like McCummings v. New York City Transit Authority.Fix the statute of limitations - Unreasonably long statutes of limitation for liability can unfairly hold defendants to standards of practice that we...
