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David is life-long resident of Central NY who graduated Magna Cum Laude from Syracuse University School of Management and then earned his law degree from the Syracuse College of Law. David says there is no place that he would rather raise his family than upstate New York.
Before joining Michaels & Smolak, David was a partner in a Syracuse-based insurance defense firm. It was there that David learned the “tricks of the trade” of how insurance companies and insurance defense firms evaluate and defend cases. David has been successful using this experience and knowledge to “turn the tables” on the insurance companies to obtain large settlements and verdicts for his injured clients.
Dave has consistently been selected as Super lawyer by Law & Politics Magazine since the honor was first established. The title Super Lawyer is given only to those attorneys who are considered to be among the top 5% of all lawyers in the State of New York.
Dave is also a member of the elite personal injury Million Dollar Advocates Forum. The Million Dollar Advocates Forum is one of the most prestigious groups of trial lawyers in the United States. Membership is limited to attorneys who have won million and multi-million dollar verdicts and settlements. Less than 1% of U.S. lawyers are members.
David is also listed in “Best Lawyers in America”. The inclusion in Best Lawyers is based entirely on peer-review (lawyers rating lawyers). According to the Best Lawyers publishers, the way they select lawyers to be listed “is designed to capture, as accurately as possible, the consensus opinion of leading lawyers about the professional abilities of their colleagues within the same geographical area and legal practice area”.
David is most proud to be a member of a group called the “Rogues”, an exclusive, invitation-only, network of injury lawyers dedicated to representing injured clients and their families and who refuse to represent the interests of insurance companies and big business. The “Rogues” share ideas, information and strategies to better represent their injured clients. David says of the “Rogues”, “it is like having a firm of several hundred injury lawyers from all parts of the State helping in the fight for our injured clients.” David says being a “Rogue” has made him a more skilled, thoughtful and informed advocate for his clients.
David is also a member of the New York State Trial Lawyers Association (NYSTLA) and he is serving as the Vice President of the Upstate Chapter. He is a member of the NY Academy of Trial lawyers and the American Board of Trial Advocates (ABOTA).
While a strong advocate for the jury system, David’s favorite cases are against the State of NY in the Court of Claims. Taking on the power of the State is a “rush”, says David. He describes the Court of Claims as a terrific place to handle a case. The Court of Claims is a no nonsense place to try a case. The Court of Claims Judges in the Upstate region are “superb” judges. Win or lose, you and your clients know that you received a fair shake. Unlike juries, the judges are not susceptible to the constant “brainwashing” by the insurance industry or chamber of commerce and judge each case on the merits. David credits his success there to careful case selection, extremely hard work, smart, thoughtful judges and a “little luck”.
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Chat withState: New York
Acquired: 1985
No misconduct found
State: Pennsylvania
Acquired: 1986
No misconduct found
Michaels & Smolak Pc, 17 East Genesee Street, Auburn, NY, 13021
24 Client Reviews
Showing 1 - 5 of 7 reviews | Practice Area Knowledge
Posted by Shandell | February 08, 2020 | Hired Attorney | Workers Compensation
Amazing Attorney
Dave Kalabanka is an amazing attorney. When others would not take my case,saying, "it's too difficult" Dave didn't turn me away no matter how difficult it looked. I had a workers comp case pendng, and two MVA cases and we still won in the end. Dave took time with me to make sure I understood everyth...
Posted by Evan | April 02, 2018 | Hired Attorney | Car Accidents
Car accident case
Dave handled my auto accident case. He was very personable and easy to speak to. The communication was excellent. I was very happy with the advice that he gave me and the end result. I would recommend Dave and the Michaels & Smolak office to anyone for their car accident case.
Posted by Christine | March 15, 2018 | Hired Attorney | Wrongful Death
Dave Saved The Day!
Dave took over my wrongful death case after it was badly messed up by another lawyer. He was dogged in his pursuit of all the information needed to make a solid case, and he succeeded in bringing it to a very satisfactory settlement. He was honest and straightforward, kind and compassionate through m...
Posted by Jackie | March 14, 2018 | Hired Attorney
Highly recommended
Dave has handled our legal matters for over 20 years. Always there when we needed him. We were so happy with his professionalism and results that we referred him to several friends. If we ever need this type of service again, Dave will be the first and only call we make.
Posted by anonymous | March 09, 2018 | Gun Law
Client
I will start off by saying how Dave has been a family friend for years. I wanted to apply for my concealed carry permit, so I consulted in Dave to see how I could get one. After consulting with Dave he was able to write me a reference later in which later received my permit. Dave is the type of perso...
"I endorse this lawyer. I have been associated with Michaels & Smolak Law Firm for nearly thirty years. The staff is extremely knowledgeable and caring. Whatever the situation is you can count on them to get you through it. They keep you informed and allow you to have peace of mind. Thanks to Lee Michaels, Jan Smolak, Michael Bersani and David Kalabanka for making difficult times easier. This Firm has the finest and most upstanding Attorneys that I have ever had the pleasure of working with over the span of my Legal career as an Attorney."
"David Kalabanka handled a profoundly difficult lawsuit in the New York State Court of Claims and achieved a remarkable result for a brain injured woman. The case was litigated vigorously at all levels by the state. David was brought into the litigation by the woman's original attorney in recognition of the special skills and tenacity that were required to see this case through to the end. Few lawyers would have been able to achieve the result that David Kalabanka did for this woman. I wholeheartedly endorse him."
"I endorse this lawyer. Dave is a bright, conscientious, zealous advocate for his clients. Dave and his firm are the the preeminent injury lawyers in their area, and I would not hesitate to refer a case to them."
"David is one of the most energetic and dedicated attorneys I know. He is passionate about fighting for his clients and spends countless hours analyzing the file to find the best possible course to maximize recovery. He has served as a great sounding board and has helped me many times. I would trust him to represent me or my family on a personal injury action."
"David Kalabanka is an excellent lawyer who is very well-respected by other trial attorneys. David has the unique background of having worked as a defense lawyer for many years before beginning work as a personal injury plaintiff's attorney. That experience together with his intelligence and great work ethic, make him one of the finest trial lawyers in the area. I strongly recommend David Kalabanka."
Personal injury lawyer
Divorce and separation lawyer
Personal injury lawyer
Medical malpractice lawyer
2018
Distinguished, Martindale-Hubbell
2017
Super Lawyer, SuperLawyers
2016
Super Lawyer, SuperLawyers
2015
Super Lawyer, SuperLawyers
2014
Super Lawyer, SuperLawyers
2013
Super Lawyer, SuperLawyers
2012
Super Lawyer, SuperLawyers
2011
Super Lawyer, SuperLawyers
2010
Super Lawyer, SuperLawyers
2009
Super Lawyer, SuperLawyers
2008
Super Lawyer, SuperLawyers
2007
Super Lawyer, SuperLawyers
N/A
Million Dollar Advocate, Million Dollar Advocates Forum
2018 - Present
New York State Trial Lawyers Association, Upstate New York ChapterVice President
Verdict with interest 3,800,000
Gross verdict 3,200,000
Mediated settlement 2,850,000
Settlement 1,500,000
Settlement 1,150,000 that will pay out over 4 million
Settlement 1,850,000
Settled after 1 week of trial 2,225,000
1984
JD - Juris Doctor
1981
BS - Bachelor of Science