February 2019 – Case Result
Our client, a 70 year-old male was rear ended by a tow truck in June 28, 2017. He was taken to the hospital and underwent two surgeries: An arthroscopic surgery of the right knee and arthroscopic surgery to his shoulder to repair a rotator cuff tear. He also suffered from disc herniations at his cervical and lumbar spine with resultant neurological deficits.
The case was venued in Westchester County based on the residency of the driver of the tow truck. Westchester County is a notoriously conservative venue with juries openly hostile to personal injury cases. After contention litigation and depositions, the matter was resolved for $275,000 well before trial. Our office is proud of the efficiency and speed in which we litigated this significant settlement coming less than two (2) years after the accident occurred.
$112,500 Settlement for Car Accident Injury
Our firm represented a 32-year-old man who while driving his car in Yonkers was struck in the rear by the defendant driver. The defendant claimed in the defense of liability that an unknown vehicle struck him first propelling his car into the rear of our client’s car. Through zealous and thorough prosecution, we obtained the pictures and property damage estimates and bills of defendant’s car from his insurance company. The estimates, bills and photographs showed no damage or payouts made by the insurance company to their insured, the defendant. As such, the defendant’s theory was unsubstantiated.
Our client sustained numerous injuries including a left shoulder superior labral tear necessitating left shoulder arthroscopy with subacromial decompression. Conservative treatment in the form of injections to the shoulder and months of physical therapy failed to address his pain and surgery was necessary.
We obtained a very favorable settlement of $112,500.00 in Westchester County which is a traditionally conservative venue for personal injury cases. Our client was pleased with the settlement amount and the hard work shown by our law firm in the zealous representation of his case.
November 2018 – $525,000 for Car Accident Injury
Our firm, right before jury selection resolved a 2015 accident case involving a 51 year old woman who was a front seat passenger in her boyfriend’s vehicle. Another vehicle made an unexpected and sharp left hand turn in front of our client’s car, causing major property damage to both cars and serious injury to our client.
She required two hospitalizations for a fractured clavicle and ribs. Subsequent MRI’s of our client’s shoulder and knee showed tears of various tendons and ligaments in both extremities. She underwent two arthroscopic surgeries over a one year period. She also never fully recovered from her fractured clavicle, leaving her with a prominent and pronounced bump at the fracture site.
Prior to jury selection and with the assistance of a Bronx County, Supreme Court judge, the case was settled in the amount of $525,000. This money will assist our client in seeking additional medical treatment and of course, compensate her for the pain and suffering has so valiantly lived with over the past three years since the accident. Our client was thrilled with our work and legal strategies utilized to achieve a maximum settlement on her behalf.
OCTOBER 2018 – $240,000 for a Trip & Fall Case
In December 2016 our client, a 54 year old Bronx resident walked out of her apartment building. She tripped and fell on a defect on the sidewalk. The sidewalk was raised approximately 2 inches and constituted a tripping hazard as per the rules and regulations of the applicable New York City codes. Our client fractured her 4th and 5th fingers on her dominant hand. She required surgery- two pins were placed in her finger to fixate it. The pins were subsequently removed but she was left with a permanent contracture of her 5th (pinky) finger. She also has problems making a fist and with grip strength.
Our law firm retained an expert engineer to opine and attest that the defective sidewalk was a long standing issue which should have been fixed by the building owner/defendant. We also had our client’s physician and hand surgeon prepare reports that opined that our client’s injuries were permanent. Most damaging to the defendant’s defense was that the superintendent of the building where the accident happened admitted at this deposition that he could have fixed the sidewalk if his supervisor would have approved the purchase of the necessary tools and equipment.
SEPTEMBER 2018 – Arbitration Award
The Law Firm of Steven I. Fried recovered an extremely favorable arbitration award on behalf of our client, a 41 year old woman who was struck in the rear by another vehicle. Our client treated with numerous physicians and underwent an MRI of her shoulder which showed a right shoulder traumatic rotator cuff tear and impingement as well as SLAP tear, labral tear and synovitis. As conservative physical therapy treatment was not effective, our client underwent a surgical procedure to her shoulder as follows:
- Right shoulder arthroscopic rotator cuff repair;
- Right shoulder arthroscopic subacromial decompression;
- Right shoulder arthroscopic SLAP and labral debridement;
- Right shoulder arthroscopic extensive synovectomy.
We zealously and effectively argued that our client had no contributory negligence as she was struck in the rear while stopped and that her dominant arm and shoulder has been permanently and dramatically affected by the surgery. The arbitrator found that our client had sustained a serious and permanent injury and the award of $180,000 was certainly the upper limits of an injury similar to the one our client sustained.
JUNE 2018 – Settled Bicycle Accident Case
$150,000 post-deposition settlement for a 27 year old male who was riding his hybrid style bicycle in Bronx County. Our client was proceeding straight thru an intersection with the right of way when the offending vehicle, (the defendant) made a sudden left hand turn in front of our client’ . Our client sustained a tear of his medial meniscus, a vital ligament in the knee which is crucial to the everyday tasks of walking, bending and climbing/descending stairs. We were able to prove that the vehicle making the left hand turn in violation of the applicable motor vehicle statutes of the State of New York, resulting in an excellent settle- ment in the early stages of litigation. This case was litigated in Bronx County, Supreme Court.
FEBRUARY 2018 – Resolved Pedestrian Accident Case
$285,000 pre-trial settlement on behalf of a of a 35 year old female pedestrian that sustained a partial tear of their shoulder tendon after being hit by the side mirror of a truck, for which our client required surgery to repair. The driver of the truck stated that the victim had been walking outside of the designated crosswalk at the time they were struck. The case came to a resolution before a jury was selected. The case was hotly contested and litigated in Queens County Supreme Court.
$12,000,000 settlement on behalf of a 22-year-old worker that fell off a rooftop as a result of inadequate placement of the scaffold. The client suffered brain injuries, as well as partial paralysis. A cash award and periodic payments during the remainder of his life were secured through a recovery.
$3,700,000 recovered through a settlement on behalf of a five year old that had been hit by a school bus while walking across the street. He suffered skull fractures along with severe scarring.
$2,575,000 pre-trial settlement on behalf of a 34 year old undocumented construction worker. Our client was descending a ladder tied off to a sidewalk bridge when the walls of the sidewalk bridge collapsed, plummeting the ladder and our client 15 feet to the sidewalk below. The worker sustained bleeding and bruising to his brain along with a fractured wrist, which required open reduction with internal fixation surgery. He also sustained severe back and neck injuries which required insertion of biomechanical devices and removal of discs in both the cervical and lumbar disc spaces.
$1,375,000 won on behalf of an injured construction worker that had previously had his case handled by other attorneys that went after the wrong parties. The case had been dismissed but with the help of our team, we were able to take legal action for malpractice against the former attorneys.
$1,200,000 mediated settlement on behalf of a demolition worker who had a cart tip and fall on him due to defective flooring at a work site.
$875,000 mediated settlement for our client who fell off an improperly placed ladder at a construction site in Yonkers.
$650,000 settlement obtained by our firm, which will help pay for college tuition and living expenses for a mother’s five young children after she was hit and killed in a tragic car accident.
In May of 2012, our client, a 44 year old mother of five was crossing the street at a very busy Brooklyn, New York intersection against the light when a vehicle, driven by an on-duty Secret Service agent of the United State of America came through the intersection and struck and killed our client. The decedent was with her 12 year old child and three friends. A full investigation was conducted by the New York City Police Department and they concluded that the decedent, our client, was crossing against the traffic light but also that the driver had exceeded the speed limit prior to the fatal accident.
This case was bitterly contested by the United States. Our firm retained numerous experts including an economist to determine the monetary amount of the decedent’s loss of services to her underage children. We also retained a forensic expert to review all medical records and ambulance call reports to determine how long the decedent lived after the accident. The pivotal testimony which helped resolve this case was given by the supervising detective of the NYPD who testified his investigation confirmed the defendant driver had exceeded the speed limit by over 20 miles per hour. This determination was made through measurements of skid marks at the scene along with a video of the accident, taken by a local store which had a surveillance camera set up to watch their products being sold at a table outside their store near the accident scene. Our firm obtained that video via a so ordered federal subpoena as the store would not voluntarily release said video.
Slip and Fall Accident
$600,000 settlement on behalf of a laborer who tripped and fell on debris at a work site sustaining severe leg fractures requiring surgery.
Nursing Home Negligence – $100,000 Pre-trial Settlement
A non-ambulatory 60 year old woman, a permanent resident of a nursing home was being prepared for a bath and cleaning by a certified nurse assistant. The assistant lowered the guard rails on the bed and turned away to retrieve the cleaning materiel when our client fell off the bed fracturing her leg requiring a hospital admission and casting of leg for six weeks. Our law firm obtained the records from the State of New York Department of Health Investigation Unit who determined that the nurse’s assistant had breached the nursing home protocol in attending to the patient alone. The protocol called for two workers at all times. This powerful information was used at the deposition of the nurses’ assistant, firmly establishing liability against the nursing home and helping resolve this case.
$500,000 settlement after selecting jury but before trial started for 39 year old man. Our client was working at JFK airport when a truck backed up into him with no warning. He sustained a fractured femur (thigh bone) which required insertion of a metal rod and nails. Our client also suffered confirmed neurological deficits down the fractured leg extending into the foot.
$300,000 settlement. 42 year old woman stopped for a school bus letting children out was violently struck in the rear by an oil truck. Taken to the emergency room and released, she later sought treatment for her back,neck and knee. An MRI of her knee showed a tear of her meniscus which after conservative therapy failed to lessen her pain. She then required arthroscopic surgery. It was recommended by an orthopedic surgeon that she undergo a total knee replacement. She did not have this additional surgery.
$285,000 pre-trial settlement on behalf of a of a 27 year old pedestrian that sustained a partial tear of their shoulder tendon after being hit by the side mirror of a truck, for which they required surgery to repair. The driver of the truck stated that the victim had been walking outside of the designated crosswalk at the time they were struck. The case came to a resolution before a jury was selected.
Slip and Fall Accident
$275,000 pre-trial settlement for 36 year old woman who slipped and fell on garbage and debris left on an inner stairwell in her Bronx apartment building. The liability issues were very challenging as the ambulance call reports recorded that our client was running down the stairs, carrying garbage and wearing flip-flops. Our client suffered a severe ankle fracture requiring one surgery to insert a metal plate to union the fracture and a second surgery to remove an infected screw which partially fixated the plate. The defendant building owner denied any garbage was present but our firm was able to find a witness in the building and secure her statement that the debris was a recurrent condition never rectified by the defendant. The case was resolved during jury selection in Bronx County Supreme Court.
$112,500 post-deposition settlement for a 27 year old male who was a passenger in a two car motor vehicle accident in Bronx County. Our client’s host vehicle was proceeding straight thru an intersection with the right of way when the other vehicle, (co-defendant) made a sudden left hand turn in front of our client’s car. Our client sustained a tear of his medial meniscus, a vital ligament in the knee which is crucial to the everyday tasks of walking, bending and climbing/descending stairs. We were able to prove that the vehicle making the left hand turn as well as the vehicle with right of way both shared fault, resulting in an excellent settlement in the early stages of litigation. This case was held in Bronx County, Supreme Court.
$275,000 settlement on behalf of a 30 year old woman left with abdominal scarring in Westchester County. During her non-emergency C-Section, her obstetrician perforated her cecum and failed to recognize the perforation either before hospital discharge or upon follow-up visit to the office.
$100,000 post deposition settlement for a 43 year old female that was hit by a vehicle while walking across the street, and as a result sustained serious injuries to their neck which required the discs in their cervical spine to be fused through a surgical procedure. Through forceful litigation our firm settled this case in under one year, getting our client the proceeds quickly so she could resume her life as best as possible. The $100,000 was the limits of the insurance policy in effect and an asset search showed that the defendant did not possess any personal assets. This case was held in Bronx County.
$100,000 pre-suit settlement on behalf of a 50 year old passenger of a truck that was on a highway in upstate New York when the tires blew out on the road, causing the truck to swerve into a barrier and flip. The passenger sustained a fractured pelvis which forced them to miss six months’ worth of work. We had an expert evaluate the condition of the tires and they determined that it had been the fault of the owner of the vehicle for failing to maintain them.
$80,000 mediated settlement for a 33 year old Westchester man struck in the rear by an inattentive driver. Our firm prepared and filed a pre-trial motion requesting that a judge (as opposed to a jury) order that the defendant was negligent as a matter of law for striking our client’s car in the rear. The motion was granted and the insurance company for the negligent driver soon after requested a mediation to resolve the case.
$75,000 post-liability verdict settlement. Our client, a 39 year old female from Brooklyn was hit from behind by a livery driver. She was taken to the emergency room, treated for shoulder and neck pain and eventually underwent surgery for a partial tear in her shoulder. The insurance company for the livery driver refused to offer any money and our firm tried the liability portion of the case before a Brooklyn jury. After hearing testimony from our client, the defendant livery car driver and the responding police officer at the accident scene, the jury rendered a 100% verdict on behalf of our client, the plaintiff. Prior to the commencement of the damages portion of the trial, where the jury would have determine the value of the injuries, the insurance company for the livery driver settled the case.
$75,000 jury verdict for a 52 year old man who was struck by a car that passed a stop sign. Our client was treated in the emergency room and then treated with his private doctor approximately 10 days later. He underwent Magnetic Resonance Imaging (MRI) tests of his neck and back showing herniated and bulging discs. These discs were found to be impinging on the thecal sac and causing nerve root impingement. In addition, the injured client underwent trigger point injections in his neck and a series of epidural injections in his lower spine to alleviate his pain. The insurance company for the defendant never offered more than $13,000 to resolve the client’s case which was rejected by our law firm has grossly inadequate for the injuries suffered. The jury after 2.5 hours of deliberation returned a favorable plaintiff’s verdict in the amount of $75,000.00 finding that our client sustained a serious injury of the neck and back which constituted a significant limitation and resulted in a permanent injury.
Slip and Fall Accident
$75,000 was recovered on behalf of a 74 year old woman from the Brooklyn area that suffered a fracture to her humerus after tripping out front of a pharmacy on a sidewalk that was found to be defective. Lawyers for the pharmacy stated that the woman had actually fallen inside the store; however, our team was able to obtain the testimony of an eyewitness that confirmed the woman had in fact fallen out front. The insurance company recognized their defeat and resolved the issue in favor of our client.