Mamaroneck, NY
Personal injury Lawyer at Mamaroneck, NY
Practice Areas: Personal Injury, Car Accidents, Slip and Fall Accident
OUTCOME: $750,000 settlement post verdict
Client struck in intersection sustaining injuries to back and knees. Approximately one year after accident underwent arthroscopic knee surgery. Insurance company doctors evaluated records and claime ... d that knee surgery was age related and not due to accident. Offer prior to trial $15,000. We had 3 doctors testify at trial that surgery was caused by accident. Queens jury awarded $775,000.
OUTCOME: $1,045,000 settlement
Client pedestrian struck by veh 1 who left scene, then struck by veh 2 who claimed could not see downed pedestrian on dark road. We established through independent pre-trial testimony that intersectio ... ns was well lit and driver number 2 was negligent in not seeing our client.
OUTCOME: $325,000 settlement
Client fell in store on water while helping a relative make deliveries with a hand truck breaking his leg. Insurance company initially argued that water was dragged in due to rain outside and store wa ... s not negligent. We proved through photographic evidence that the store did not lay out matting or runners at time of accident.
OUTCOME: Child's arm broken through omission of caregiver
Injuries can be caused by acts of commission or omission. When it is an act of omission it is not always obvious that the person ultimately responsible did anything wrong. This is such a case. If you o ... r a loved one has been injured in any way give us a call. We will evaluate it for all potential legal liability. My client, a 6 year old child was in a public playground at a day care facility. The day care workers failed to appropriately monitor and supervise the children in that they allowed the children from doing unusually dangerous activities. This led to my client and another child being allowed to simultaneously climb upon a slide of approximately 6 feet in height. When the children reached the top of the slide they began to fight about who was going to go down the slide first, resulting in my client being tossed from the slide and falling to the ground. The landing dealt a crashing blow to my client's left side, which caused a displaced fracture of his his left radius and ulna bones. He was rushed by ambulance to the closest New York City hospital in extreme pain. He was immediately transferred to the pediatric orthopedic surgical unit where it took a team of orthopedic surgery specialists to reset the bones in the correct place with screws and pins. My client spent 1 week in the hospital and and was in a full arm cast for over 4 weeks. During that time he suffered from extreme discomfort. My client was not made a pre-lawsuit offer, as the adjuster handling the claim believed that the day care center was not negligent in their supervision of the children and that "accident's happen." Our office filed suit on the matter and fully prepared the case for trial. We garnered the medical records, interviewed the treating doctors, and investigated and interviewed under oath through a series of depositions all of the day care workers responsible for supervising the children that day. As this investigation progressed our office made sure to send all of this information to the claim representative who believed that "accidents happen." As the trial date drew near all of a sudden the claim representative who all along claimed that the day care facility was not responsible called and wanted to discuss settlement. Her first offer was so low that obviously she was trying to see if we would settle for only a fraction of what the case was worth. After almost 2 years of handling this matter and trying to amicably settle the claim the advice to our client's parents was to reject the offer and proceed to trial. Our client agreed, and as the case moved closed to trial the claim adjuster began negotiating in good faith. We then tentatively agreed on a fair settlement amount based on known, public recovery amounts on similar claims and the uncertainty always present in a trial. We then went back to our clients with this viable, serious offer and recommended that this time they accept the offer, which they did. Because the injured party was under 18 the case was not over. Our office now had to get the court to approve the settlement. This is done in a specialized proceeding known as an "infant compromise" proceeding and order. In that proceeding you have to lay the injury, medical records, and treatment history bare before a judge, and bring in the child and child's guardians to essentially testify before the judge and answer any questions he may have. Our office expedited this proceeding, and within 1 month of the accepted offer our client had the order required to authorize the settlement. 2 weeks from that date I personally delivered the settlement check to my client. Today that money is in a trust account for my client to use for education, a home, a business, or anything he may need when he reaches the age of majority.
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