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New York: Medical Malpractice

If you’ve put your trust in the hands of a healthcare provider and failed to get adequate and appropriate care — resulting in your harm — the medical malpractice attorneys at Leav & Steinberg LLP are here to help. We’ve supported numerous clients in pursuing legal action for healthcare errors, misdiagnoses, and other forms of medical negligence occurring in New York City, the Bronx, and Long Island. Our attorneys understand the intensity and impact of a medical mishap gone wrong, and we’ll work with diligence to recover the damages you’ve endured in full.

$7,000,000 Settlement: was obtained on behalf of a young married woman. During delivery of her first child, she was improperly given anesthesia which resulted in significant and life altering brain injuries.

$3,500,000 Award: was obtained for our client who suffered bilateral decentrated ablation during lasik surgery. Essentially, the laser removed tissue in the wrong portion of both eyes leaving him with significantly reduced visual capacity.

A $2,500,000 settlement was obtained on behalf of our personal injury client, who was 15 at the time. During the morning of March 21, 2019, after having some issues breathing and moderate leg pain, our client went to a local emergency room where he complained of shortness of breath and leg pain. At the hospital he was improperly diagnosed by the medical staff and then discharged after being given pain meds for his leg. On March 22, 2019, our client returned to the hospital and complained of hyperventilating, where his conditions worsened drastically. Unfortunately, our client was suffering from a pulmonary embolism, which resulted in his death in the early morning of March 23, 2019. Due to failure to properly diagnose our client, our personal injury attorneys were able to secure one of the largest medical malpractice financial settlements in New York State for the sudden death of a minor. (MED – MAL)

$1,550,000 Settlement: was obtained on behalf of a 42 year old immigrant who underwent laser eye surgery at a well known laser eye center in New York City. After the surgery, the surgeon prescribed the topical use of Mitomycin-C, a drug that was contrainidicated for use. As a result, our client sustained permanent damage to his cornea and was left with decreased visual accuity. The settlement was reached with all parties including the surgeon, the facility and the optometrists.
$1,475,000 Settlement: for 57 year old woman who underwent unilateral cataract surgery which caused her to go blind in that eye. Plaintiff ultimately had to have her eye removed and wear a prosthetic.

$1,300,000 Settlement reached prior to the start of trial for a case venued in Queens County. This medical-malpractice case involved a failure by the infant plaintiff‘s pediatrician timely diagnose Crohn’s disease, which led to aggravation of the condition and extensive surgery. A derivative claim was also asserted on behalf of the infant’s parent.

$1,000,000 Settlement in matter venued in Richmond County for infant plaintiff who suffered Erb’s palsy as a result of his physicians’ malpractice in the handling of his mother’s pregnancy and his delivery.

$1,000,000 Obtained: in matter venued in Richmond County for infant plaintiff who suffered Erb’s palsy as a result of his physicians’ malpractice in the handling of his mother’s pregnancy and his delivery.

$900,000 Award: was obtained on behalf of a woman who suffered from severe visual defects after lasik surgery. The client had a condition known as Kerataconus which excluded her from being a good candidate for surgery. However, she was not advised of this risk and the doctor performed the surgery anyway.

A $875,000 settlement was reached for a medical malpractice case in Brooklyn County. Our client, who was 51 at the time, underwent a hernia operation on August 7, 2013 at Maimonides Medical Center. The operation immediately caused our client to complain of pain in her abdomen. On August 9, 2013, it was found that errors during the surgery caused a perforation of her bowels. Our client developed sepsis and was eventually put on a ventilator. She had to spend an additional 3 weeks on bed rest after her surgical errors during her procedure. (MED – MAL)

A $281,000 verdict was reached for a car accident that occurred on February 13, 2018. Our client, who was 22 at the time, was driving southbound on Collfield Avenue in Staten Island when the defendant failed to stop at a stop sign, causing our client to swerve out of the way. This resulted in an auto accident between the two vehicles. Our client sustained injuries to his back, left hand, and right shoulder. Our client needed surgery on his right shoulder. (MVA)

New York: Construction Accidents & Labor Laws

Construction is among the most dangerous work industries, with 21,400 injuries and illnesses occurring on-site in 2020 due to trips, slips, and falls, according to the U.S. Bureau of Labor Statistics’ latest report. When a workplace accident leads to hefty medical bills, lost wages, pain and suffering, and other unexpected damages, victims have the right to pursue the justice they deserve. Our attorneys are well versed in the relevant labor laws and regulations, including the New York Labor Law sections 200, 240, and 241, and will help represent victims of construction accidents and other employment-related injustices.

$5,000,000.00 Settlement: A 44 year-old laborer, during a construction, was caused to slip and fall from a ladder while working. The ladder was supposed to be fixed with a kicker at the bottom and tied off at the top. The client used the ladder during the morning work session without issue. While on the ladder working at a height above, the ladder slipped and he fell approximately 15 feet.

$3,500,000.00 Settlement: reached for a 38 years old electrician who was injured when he fell from a ladder while working at a construction site. He sustained a fractured pelvis and underwent surgery for a torn labrum in the hip. His back injury, which was diagnosed at the hospital the evening after the accident, resulted in him having to undergo spinal surgery for instability at L4-5. Though he tried to return to work after the accident, he was unable to preform his job and has not returned to gainful employment. A motion was made for summary judgment under the Labor Law by our office; and was pending. After rejecting an offer of $1,500,000.00 our firm was able to recover $3,500,000.00 after prepping the file for trial. You may read more about this by clicking here.

$2,818,000 settlement for a mother and daughter, aged 49 and 22, in a construction accident. Clients were walking in Queens when a construction gate fell on them. The daughter was immediately confined to her home for three months following the accident, which included injuries to her left elbow and wrist, upper and lower back, and both knees. The client eventually needed operations on her left and right knee. The daughter had no brain bleed or intracranial hemorrhage, but she exhibited changes in her daily life, including a decline in cognitive function.

$2,500,000 Settlement: obtained for 58 year old site supervisor who was injured falling from a defective ladder during the course of demolition work. Plaintiff sustained severe lower leg fractures and underwent numerous surgical procedures.
$2,450,000 Settlement: for electrician who fell off a ladder while installing lighting at a construction site. He sustained a tear of the right flexor hallucis longus muscle, tear of the right tibialis posterior tendon, tear of the right flexor digitorum longus tendon, lumbar spine herniations, thoracic spine bulges, among other injuries. He underwent multiple surgical procedures and was unable to continue working in the construction trades due to his disabilities.
$2,250,000.00 Settlement at Mediation for a forty year old laborer who was injured at a Department of Education school in the Bronx.  He was a custodian who was asked to paint a room during the summer session.  We argued that they did not provide adequate ladders and as a result he was caused to fall from the ladder suffering a back injury which required spinal surgery.  Defense argued he made a full and complete recovery and that the fall was due to his failure to follow the instructions of his supervisors.
$2,250,000 Settlement at Mediation for forty-eight year old worker who was struck by a construction vehicle while he was directing traffic at a construction site. He suffered injuries to various parts of his body including several fractured ribs, a fractured shoulder, and injuries to his internal organs which required multiple surgeries.
$1,450,000 Settlement on Eve of Trial: Plaintiff, a 48 year old laborer was performing work at a construction site when his ladder slipped from beneath him, causing him to fall and cut his non-dominant hand on exposed sheetrock and metal studs. He sustained a complete laceration of his median and ulnar nerve requiring two surgeries. He has not returned to work. Plaintiff moved for summary judgment alleging that the ladder was not adequate as the worksite required him to bend between two walls. The Supreme Court granted our motion and the matter was to proceed to trial on damages only.
$1,100,000 Settlement: for a 27 year old laborer who suffered an enucleation when a drill bit ricocheted into his face.

$1,100,000 settlement reached for our client, a laborer, who stepped off of a ladder and onto a dolly at his workplace. The client lost his balance as the dolly rolled out underneath his feet, and the client landed on loose material. He sustained injuries to the lower back, left leg, left knee, left shoulder, and neck from the construction accident.

$900,000 settlement obtained for a client for a case in Bronx County. The client, a laborer, was working on a scaffold renovating windows on a building. Two of the client’s co-workers would pull the scaffold up while the client was harnessed in to move the scaffold. The client would have to unhook himself to move about the scaffold. At around 15 feet in the air, the client felt a sudden jerk and flew backward. The wooden guardrail behind the client broke, and the client dropped to the ground. He sustained two rib fractures and lumbar spine injuries. There were no immediate complaints of a head injury, but within several months the client claimed he was having difficulty with general daily tasks. Our team took over this construction accident case from prior lawyers who had not pushed the litigation. Daniela Henriques successfully moved for an order granting summary judgment on liability. The matter was on the evening of trial, and Edward Steinberg attended a second mediation and resolved the case.

$830,000 Verdict: for 14 year old boy who fell on a sidewalk adjacent to a construction site. Plaintiff sustained a malleolar fracture to his left ankle, which involved a growth plate. Plaintiff required 2 surgical procedures.
$820,000 Settlement : for construction worker who stepped on an unsecured metal pan and fell through a hole, stopping his fall with his underarms. He sustained injuries to his spine, shoulders, and right knee, and required epidural injections and surgery.

$700,000 settlement was obtained for our client for a construction workplace accident that occurred in February 2015. The client was descending a makeshift wooden ladder at work when a rung gave out, and the client fell to the floor. The client had injuries to his lumbar spine and left knee. An MRI taken in April 2015 revealed the client had a medial meniscal tear of his left knee, for which he received surgery in January 2016.

$675,000 Settlement at Mediation: Plaintiff, a 32 year old laborer was working at a local private college performing sheetrock and taping. While working, he realized the scaffold was too low for the work he needed to perform. He then asked for a ladder which he placed on top of the scaffold. The scaffold slipped while he was working and he fell from the ladder to the ground, sustaining a fracture to his ankle. After one year of physical therapy he undwent arthroscopic surgery to clean scar tissue from the fracture site. He has returned to work. The lower court initially denied plaintiff’s motion for summary judgment, but we appealed and the matter was reversed by the Apppellate Division. The trial would have addressed damages only.
$600,000 Settled at Mediation: Plaintiff, male, age 31, was an electrician. He was sent to a site with his partner, who had seniority/supervisory control of the Plaintiff, by their employer. The apartment they were working in was being renovated. The Plaintiff’s partner was in the attic running cable through a small hole in the ceiling of the living room of the building. The Plaintiff, using one of the A-frame wooden ladders already on site, was grabbing the wire, ascended the ladder and was standing on the fifth step (second from top). He was reaching and pulling the BX cable through when the ladder fell over and he felt immediate pain in his ankle. He was taken by ambulance to the hospital where he was admitted for 10 days, and had 4 surgeries. He has not returned to work and testified he has weakness and pain in his ankle.

$500,000 Settlement for Injuries: Plaintiff, male, age 27, is the building superintendent of a building owned by Defendant A. He was instructed to repair a leaky valve on a hot water boiler, and he called Defendant’s Plumbing Company to the site to replace it. While helping the plumber to remove the valve, it exploded, shooting steam into the Plaintiff’s right arm and torso causing severe burns, which required skin grafting.

New York: Train & Bus Accidents

Across the globe, public transportation connects people and properties across state and international lines. While it’s an irreplaceable aspect of modern urban living, it can also be the source of a tragic accident, causing injuries, property damage, and even death when it fails. If you’ve been harmed while using public transportation, you can trust Leav & Steinberg LLP to put our 20+ years of experience to work ensuring you get the settlement you deserve. We’ve successfully represented clients in the aftermath of train and bus accidents, and we won’t rest until you’ve received fair compensation.

$5,000,000 Settlement: for 57 year old woman struck by a bus who suffered traumatic leg amputations.
$3,500,000 Verdict: Plaintiff, female, age 54, was exiting the rear of Transit Authority Bus that stopped directly in front of a defective section of sidewalk. Upon exiting the bus the Plaintiff fell onto the defect and twisted her ankle, breaking her pinky toe. The driver, not realizing that she fell, sped away. Shortly after the Plaintiff developed Reflex Sympathetic Dystrophy, which is a progressive/degenerative disease. The suit was against the Transit Authority as well as the City of New York for having known about the defect prior to the accident. The jury returned a verdict of $3.5 million dollars which included compensation for pain and suffering, and future lost wages. Subsequent to the verdict, a confidential settlement was reached.

$1,500,000 Verdict: Plaintiff a 51 year old female was boarding a New York City train at a station in the Bronx when she slipped in between the train and the platform resulting in her leg being crushed between. The train car was air-lifted off her leg and she was ultimately diagnosed and treated for a crush injury to the nerves of her leg. She also was diagnosed with Chronic Regional Pain Syndrome (RSD). After a trial on Liability where the jury found the Transit Authority 100% responsible, a second jury awarded her $1.5 million dollars for pain and suffering.

$1,100,000: after a liability verdict for a man living in New York city who was crossing the street in Harlem mid-block when a New York City Transit Bus traveling in two lanes began to cross into oncoming traffic to enter the turning lane when he came into contact with the client who was crossing between a stopped lane of travel from the bus’s right. The client sustained physical injuries as well as a loss of sense of smell. The defendant refused to ever make an offer before the jury returned a verdict; finding the bus 75% responsible and the pedestrian plaintiff 25% responsible.

New York: Motor Vehicle Accidents

New York is a fast-paced hub bustling with busy people and even busier roadways. Amidst the web of bumper-to-bumper traffic, motor vehicle accidents are bound to occur, often causing severe physical injuries, property damages, emotional trauma, and financial losses. Fortunately, our team of automobile accident attorneys has a deep understanding of transportation law and the elements that go into building a successful personal injury claim. We’ve secured millions for our clients dealing with the consequences of negligent drivers, rear-endings, and more, and we’ll work to add your unique case to our list of fair settlements.

$8,900,000 Settlement reached in a tragic wrongful death case. The plaintiff was a 39-year-old married father of two children when he was tragically killed by a truck while riding his bicycle lawfully and fully in the designated bike lane. He sustained severe internal injuries for which he suffered for some time before ultimately passing away. He was working in the construction consultant field and had recently started his own company. Partner Edward Steinberg was retained by the family and conducted a thorough investigation of all aspects of this case. Of note, this case is continuing in part because there is evidence that the City of New York was also negligent in its design and layout of this particular bike lane and how it interacted with the truck’s turning lane. Our auto accident attorneys at Leav & Steinberg LLP will report back as the case continues.

$3,000,000 Settlement in open court just before trial for infant who was crossing the street with a walk signal in her favor when she was struck by an ambulance which was not using its lights or sirens. She was nine years old at the time of the incident. She sustained a fractured leg and fractured foot, and required skin grafts.

$2,800,000 Settlement obtained at mediation for an automobile case involving a man who was rear-ended when stopped. The defendant admitted to striking the rear of plaintiff’s vehicle. The police did not respond to the scene. Despite having had a prior neck and lower back injuries, the Plaintiff sought medical treatment for new and worsening neck pain. Plaintiff underwent a right knee arthroscopy, and two cervical spinal surgeries as a result of this accident and despite working for an additional year after the accident, Leav & Steinberg was able to show that his future earning capacity was severely diminished.
$2,250,000 Settlement:  for a man involved in a high speed motor vehicle accident on Long Island causing significant trauma to his entire body requiring many surgeries. This was the total of all available insurance for the respective responsible car.
$2,100,000 Settlement: obtained for woman whose vehicle was hit in the rear while stopped at a red light. Plaintiff sustained shoulder, neck, back, and hand injuries and required spinal surgery for the removal of cervical discs and carpal tunnel release surgery on both hands.

$2,000,000 settlement for an auto accident case in Kings County. The client, a working mother of four, was walking toward a supermarket when a driver backed out of a parking space and struck her, causing her to fall to the ground. She sustained significant fractures to her pelvis that required several surgeries. She also underwent surgery on her shoulder. No lost wage claim was made since the client returned to work after a year-long recovery period. The defendant argued that the client had been sitting down on the edge of the parking lot/sidewalk, and he did not see her.

$1,750,000 settlement was reached for our client as a result of a sideswipe auto accident. The client was parked and sitting in the driver’s seat of his vehicle when the vehicle was hit by a slow-moving truck. At the scene, the police officer noted that no one was in our client’s parked truck. Edward Steinberg took the deposition of the police officer, who admitted that he may have been wrong and that it is possible that the client was in the truck. The driver of the other truck later admitted that our client was in the truck and was leaning over when he sideswiped it. The crash caused the client to have an annular tear in his lower back and significant facet hypertrophy on his spinal canal, which caused stenosis of the lower spine and required surgery. No claim for lost wages was made, and the defense would have argued that the accident was a low-impact accident and could not cause the injuries.

$1,174,000 Verdict for a young woman who claimed she had the right of way and another car ran a stop sign causing her to sustain a one level disc injury for which she had surgery to repair this. We obtained a verdict and recovered more than the available insurance and personal money from the responsible driver.
$1,500,000 Settlement : for 49-year old female pedestrian who was struck by a left-turning bus in Queens, New York. She suffered a fracture of her left knee, which required surgery, and numerous abrasions, pain, and tenderness to her cervical spine, lumbar spine, face, fingers, and bilateral shoulders.

$1,425,000 settlement reached for a client who was in the backseat of a taxi leaving John F. Kennedy International Airport when his driver attempted to merge left on a two-lane street but was struck by a truck refusing the client’s taxi to merge. The client’s taxi ricocheted into a wall. The client suffered an injury to his spine from the auto accident, resulting in spinal surgery. The defense argued that this low-speed impact and prior injuries were the cause of the most recent surgery. On the eve of trial, Daniel Leav reached a settlement.

$1,350,000 Global Settlement reached for three passengers of a vehicle who were injured when the car struck a pot-hole and careened off the side of a narrow road with a steep set off. Plaintiffs brought suit against the driver of their vehicle and further claimed that the city was negligent in the design, construction, and maintenance of this particular roadway. The city contended that there was no prior written notice regarding the dangerous condition. Plaintiffs argument that the city caused and created the dangerous condition resulted in resolution of the case. Each of the three plaintiffs suffered various severe head and facial injuries.

$1,298,680 Verdict for thirty-five year old bicyclist who was proceeding through an intersection with a green light in his favor when a van failed to heed a red light. The van collided with him, throwing him from his bike, then fled the scene of the accident. The motorist was retrieved by a good Samaritan. The bicyclist suffered fractures to his arms and legs.

$1,250,000.00 Settlement at Mediation for man who was waiting at a red light when his vehicle was rear-ended by a driver who admitted he was distracted by his cellphone. He sustained injuries to his neck and an aggravation of a prior back injury which required surgery.
$1,225,000 Settlement Before Trial: Plaintiff, female, age 45, was crossing at an intersection in Manhattan when an off duty traffic cop turned left and struck the plaintiff. She was treated for knee and shoulder injuries with arthroscopic surgeries. In addition, she underwent treatment for a back injury that the defendant would have argued was not caused by this accident. The defendant’s doctor had stated that the Plaintiff made a full and complete recovery from her injuries and was not disabled. The Plaintiff had not returned to work and claimed that it was difficult for her to continue working and commuting.
$1,025,000 Settlement Prior to Jury Selection: Plaintiff, male, age 25, was driving east on Seaview Avenue in Brooklyn with his family when the Defendant exited a driveway onto Seaview, cutting him off and causing him to strike the Defendant’s vehicle. Both parties agreed that a double-parked van owned by a third party Defendant obstructed their respective views of the roadway. The Plaintiff was unable to return to work after the accident, which would have presented future lost earnings claims.
$1,000,000 Settlement Prior to Trial for a 58 year old retired bus driver who, while on vacation in the Hamptons, was rear-ended by a truck causing lower back injuries which ultimately resulted in spinal surgery and residual pain and suffering. The defendant was arguing that all of the client’s pain came from a pre-existing and degenerative lower back condition and that his complaints were unrelated to the accident.
$1,000,000.00 Settlement: for a New York Police Officer who was responding to a motor vehicle accident in the Bronx. While standing by her patrol car gathering documents to complete, an uninvolved van stopped uphill just ahead of the accident began rolling backwards. A single mother, working for the Police Department, tried to move out of the way but was pinned between the patrol car as she was struck by the van’s sideview mirror.

A $925,000.00 settlement was reached for our 37 year old client who was rear ended by a truck in June 2019. While the damage to the vehicle was extensive, the client was fortunate his injuries were not fatal. He did have a shoulder injury which required arthroscopic surgery and also had developed post concussion syndrome. We were able to show the responsible party and the Federal Court Magistrate that our client’s injuries and residual symptoms were ongoing and serious.

$800,000 Settlement at Trial: Plaintiff, male, age 50, was on the back of the Defendant’s delivery truck supervising a package that was being taken from the loading dock. He claimed that he was leaving the back of the truck, which was still open, when the Defendant’s driver pulled out from the dock without warning causing him to fall 5 to 7 feet. The Plaintiff sustained injuries to his right knee and fractured the right fibula, which required surgery.
$775,000.00 Recovery: for a driver of car who was confronted by a tractor-trailer that suddenly backed into his vehicle. Although he was previously disabled due to a back injury, he suffered an aggravation to his back injury as well as injuries to his neck and dominant shoulder.
$750,000.00 Recovery: of the full limits of the available insurance policy for a New Jersey Police Captain who was struck in the rear by a truck traveling through Staten Island. The client sustained a one level disc herniation which required surgery.
$700,000 Negotiation During Trial: Plaintiff, female, age 59, was walking home when she saw 2 cars going very fast. One car ran a stop sign and crashed into the other car that was also speeding. Both cars then lost control and hit the Plaintiff causing her to be pinned against a fence. An ambulance took the Plaintiff to the hospital where she remained for 9 days. She suffered a fractured left femur with surgery, a fractured nose, multiple bilateral laceration to her fingers, bruising to the base of the skull, a fractured back, and Post Traumatic Stress Disorder.
$685,000 Award by Jury: Plaintiff, male, age 20, was hit by the Defendant’s truck while at work in front of his employer’s store. The truck had been pulling away from a parking space when, the Plaintiff claimed, it hit him in the back, dragging him beneath the right front tire. The Defense also contended that the Plaintiff had alcohol in his system at the time. However, the driver admitted that he did not see the Plaintiff when pulling out. The Plaintiff suffered traumatic ear amputation with surgical reattachment and a herniated lumbar disc.

A $675,000 settlement reached for our client, who was 67 at the time. Our client was lawfully riding his bicycle in Brooklyn, New York when a Verizon truck passed him on his left and struck him from behind, causing him to fall to the ground. Our client needed stitches on the left side of his face, and he suffered a fracture on his left shoulder, as well as meniscus tear in his knee. Our client underwent surgery to repair his meniscus and then had a total knee replacement. After he had a total knee replacement for the uninvolved knee shortly after the first surgery, the defense claimed that his prior unrelated arthritis was the reason he had the surgery. Our auto accident attorneys successfully argued against this notion and secured a settlement for his injuries.

$650,000 Settlement at Mediation: Plaintiff, female, age 81, claimed that she was struck by the Defendant’s vehicle as she was crossing the street. She claimed that the traffic light was in her favor. The Plaintiff sustained a traumatic brain injury and facial fractures requiring home aide care for an extended period of time. The Defense, however, argued that the Plaintiff made a good recovery, and that she suffers from Alzheimer’s disease and dementia, which was diagnosed prior to the accident.
$525,000 Obtained at Mediation: for two plaintiffs who were passengers in a motor vehicle which was struck in the rear and pushed into the rear of another motor vehicle. One plaintiff sustained injuries to his cervical and lumbar spine which required a course of physical therapy. The other plaintiff sustained injuries to his cervical spine, thoracic spine, and lumbar spine which required a series of injections and a lumbar spine discectomy surgery.
$475,000 Settlement : for 25-year old male motorcyclist who was struck by a motor vehicle that made an illegal u-turn. He sustained a right knee tear, chondromalacia, and evidence of a chronic partial thickness tear of the distal fibula, and required surgery.
$465,000 Award for Injuries: Plaintiff, female, age 18, claimed that she was injured while a passenger in Defendant A’s car, which was racing Defendant B’s car. Plaintiff claimed that defendant C made a left turn in front of Defendants A and B and struck Defendant A, causing the Plaintiff to be thrown out of the car. She sustained skull and facial fractures and subdural hematoma, which required surgery. The Defense would have argued negligence.
$450,000 Settlement Six Days Before Trial: Plaintiff, female, age 53, was driving on Queens Boulevard and allegedly was stopped at a red light when her vehicle was struck from behind by a tow truck driven by the Defendant. Plaintiff claimed that she suffered brain trauma and cognitive dysfunction, and thus was unable to continue her consulting business. The defense argued otherwise.
$415,000 award by jury Plaintiff, female, age 33, entered a cab that was double parked, and as she was reaching to close the passenger side door the cab was struck in the rear by the Defendant. Plaintiff sustained herniated lumber discs with anterior compression, and underwent seven months of physical therapy.
$400,000 settlement at arbitration for male, age 40, who works as a soda distributor, and while crossing the street during work he was struck by the Defendant’s vehicle. The Defense contended that the Plaintiff was comparatively negligent because he was on the double yellow line at the time of the accident. The Plaintiff suffered herniated discs. However, the Plaintiff also had a history of injuries in that area. The Plaintiff argued that his prior injuries were healed at the time of this accident, which now prevents him from re-entering the workforce. The Defense argued otherwise.
$390,000 settlement after two days of trial for decedent, a 58 year old wheelchair-bound multiple stroke victim, was placed in the rear of an ambulette by the Defendant, an employee of the company. The Defendant failed to properly secure the Plaintiff, and as he was exiting the Battery Tunnel, he stopped short, causing the Plaintiff to fall out of the wheelchair. The Plaintiff suffered a fractured tibia and fibula and developed necrotizing fascitis.
$390,000 settlement for a male, age 55, who was in his automobile at a complete stop at stop sign when he was rear ended by the Defendant. The impact caused the Plaintiff’s body to twist and hit his right knee. The Defendant apologized for causing the accident at the scene, and the authorities weren’t notified.
$325,000 settlement during trial for a female, age 56, who was crossing the street when she had the right of way. When the Plaintiff reached the middle of the street the Defendant, coming from the left, hit her with his vehicle. The Plaintiff required a bone graft, and used a wheelchair for over three months. She also sustained other minor injuries.
$293,000.00 verdict in Richmond County for twenty-three year old woman who was inside a dry cleaning facility when a speeding vehicle jumped the curb of the sidewalk and crashed into the glass facade of the store. The vehicle struck her before it came to a stop in the back room of the store. The woman suffered a fractured ankle and fractured toes.
$283,157.67 obtained for driver of motor vehicle that was struck in the rear and his wife, who had a claim for loss of consortium. He sustained injuries to his cervical spine, thoracic spine, and lumbar spine, and was required to undergo lumbar spine surgery.

$281,000 verdict: reached for a car accident that occurred on February 13, 2018. Client, aged 22, was driving southbound on Collfield Avenue in Staten Island when the defendant did not stop at a stop sign, causing our client to swerve out of the way. This resulted in a crash between the vehicles. Our client sustained injuries to his back, left hand and right shoulder. Client needed surgery on his right shoulder.

$175,000.00 recovery obtained for a 64 year old man who claims he was rear ended by a car.  The defendant car claimed our client turned suddenly into his path of travel.  The client sustained a shoulder injury among other injuries and underwent a shoulder arthroscopic surgery.  While a motion as to whether the injuries were serious and related was pending the matter was settled for a figure representing full value.

New York: Premises Liability

When stepping foot on someone else’s property, whether residential or commercial, you’re owed a certain duty of care to ensure that your health and safety are protected at all times. But when those standards aren’t met and you face an injury as a result, you have the grounds to file a personal injury claim and cite owner negligence. At Leav & Steinberg LLP, we’re helping clients across the New York area gain their well-deserved justice and proper outcomes after a premises liability case. With us as your legal counsel, we’ll bring you the support and results you need to regain control of your livelihood.

$2,875,000 settlement obtained for 78 year old man who fell on a defective staircase outside a medical building. Plaintiff sustained a central cord spinal injury.

A $2,150,000 settlement was reached for a client who was 59 years old at the time of her accident. Our client was on her way home from a local church function when she tripped over an elevated sidewalk flag (sidewalk square). At the scene of the accident, our client was treated by EMS and driven to the emergency room. She underwent surgery for an orbital fracture and subsequently developed a closed head injury with a case of a mild Traumatic Brain Injury (TBI). She did not return to work, and our premises liability lawyers brought forth claims for lost wages, medical bills, and other issues. We were able to secure a settlement at a court ordered mediation during the Covid-19 pandemic. The case was approximately 3 years from trial.

$1,500,000 settlement after a verdict for a 47 year old man who fell into a hole on a ramp leading from the public boardwalk to the street. He had undergone prior neck surgery but this fall caused a significant injury to his lower back which necessitated spinal surgery.
$1,100,000 verdict obtained for a 59 year old man who tripped and fell on a cracked sidewalk flag. The abutting property owner claimed it repaired its sidewalk and the area where the man fell was the responsibility of the city. The man needed surgery for his broken, non-dominant arm.

$925,000 settlement just prior to opening statements was obtained for a 47 year old female who while stepping onto the sidewalk in Brooklyn was caused to trip and fall due to a defective and broken sidewalk adjacent to McDonalds. The client sustained a fracture to her leg as well as torn ligaments in her knee resulting in what is knows as “foot drop” which requires her to wear a brace to lift the lower part of her foot up. The client returned to work and after initial offers of much less, they made an offer that was acceptable to her and her family.
$900,000 settlement for mother and infant who was scalded by hot water in the bathtub of her Brooklyn apartment. The defendants contended that they maintained the building in a safe condition and that the mother’s actions constituted intervening and superseding causes of the injuries that absolved them of fault.
$850,000 settlement was obtained for a Plaintiff, 28 years old who was assaulted by staff at an Applebees in the Bronx. The bar staff and the manager had gotten into a verbal dispute with the the client’s friends and when asked to leave the manager, plaintiff alleged, called upon the kitchen staff to come and bring kitchen knives to help the situation. Our client left the restaurant but was followed and was assaulted by the kitchen staff outside of the restaurant. He sustained one stab wound to his arm that resulted in the loss of use of several fingers and limitations in grip strength of his non-dominant hand.
$685,000.00 Settlement: To a family of a 14 year old boy who was at sleep away camp in the summer of 2015. This camp allowed our client to work in the kitchen. They allowed him to fry eggs, boil corn and handle other hot items. He was not old enough under the law to have “working papers” and was given no instruction.

$550,000 settlement reached on behalf of our client for a premises liability case in the Bronx. The client slipped and fell on a patch of ice within an extended section of a broken curb at the bottom of a pedestrian ramp. Through extensive research, we proved that the City of New York previously knew of this faulty curb years before the accident and did not make the necessary arrangements to repair it. The client suffered significant injuries to her left ankle and eventually underwent two surgeries.

$550,000 settlement obtained for a 9 year old child who sustained a fracture to his right femur when he was caused to trip and fall on a defective and cracked structure inside a playground. Records exchanged during the course of discovery indicated that he was running and jumping off of the playground apparatus. We successfully challenged that with proof that the injury was caused due to an unsafe surface that the owners of the building knew about.
$525,000 settlement at mediation for five-month old infant who was burned due to a defective boiler and faulty bathroom fixtures, which permitted a sudden burst of scalding water to empty into the sink where he was being bathed by his mother. He suffered second and third degree burns on his stomach, genitals, and thighs. He made a good recovery and had little residual scarring.
$505,500 verdict for a woman in her late 50s who slipped and fell on a staircase. She suffered an aggravation to her preexisting back condition for which she required therapy and surgery.
$450,000 settlement against the NYCHA for a fall when a leaking pipe in the kitchen caused a flood and the client was retreating and picking up her belongings off the floor and fell injuring her hip; which had signs of prior degenerative changes but we argued that it was made worse and required the surgery as a result.
$415,000 settlement for a man who sustained a hip injury when ceiling debris fell on him while he was in the shower of his home in Westchester County, New York. There had been an ongoing leak in the ceiling above and he reported this to the landlord who ignored the complaints. The client had a hip injury which was diagnosed as an aggravation of prior avascular necrosis.
$385,000 settlement at mediation for a female who was working as a housekeeper in a penthouse apartment where she worked for 16 years. The Plaintiff was walking out to the terrace and as she stepped down she felt/realized that the step that had been there for 16+ years was missing. As a result her left leg buckled underneath her, and she instinctively hung onto the door frame to stop from falling. Unfortunately, the Plaintiff still sustained knee injuries. The Defendant, a waterproofing company, had been working on the building and had removed the step during construction. The Defense claims that the superintendent was told to notify all tenants not to go onto their terraces, but is unaware of whether they were actually informed.
$350,000 settlement obtained on behalf of a five year old child who lost a portion of his pinky when his finger got caught in a door at school. Records exchanged during the course of discovery indicated the classroom teacher was leading the front of the line, as the children walked from their classroom to the music room, and did not supervise the children that remained at the end of the line or the five year old child who was left alone to hold the heavy fire door in the hallway as the children walked through. At the time of the accident, there was no teacher or adult supervising the five year old child in the hallway.
$325,000 settlement for a woman who was badly injured when she went to a nail salon for lashes and the technician spilled glue onto her face and into her eyes causing discomfort and scarring
$275,000 settlement reached for an out of state truck driver that was making a delivery at a supermarket.  He fell while walking backward over a U-Boat.   Despite the size and width of a U boat delivery cart that we claim the supermarket employee had left it there in a negligent manner.  The matter was rejected by several firms and we were able to recover a substantial award for the client.

$240,000 settlement just before trial for Richmond County infant who fell from the landing of stairs that were missing a railing. She suffered a fractured arm. Although the arm was placed in a hard cast, it ultimately broke a second time and required surgery with percutaneous pinning and a second surgical procedure to drain her wound. She developed skin and bone infections (Staphylococcus Aureus and Osteomyelitis) during the course of her healing.

A significant confidential settlement was reached for an 81 year old man who fell in a National chain supermarket when the entrance doors closed on him. He was knocked to the ground and sustained a fracture to his hip requiring surgery and rehabilitation. Though there was no records of the door having closed on anyone previously, the partners at L&S proved that the company called to service the door had warned the supermarket they should update the sensors. The Plaintiff can now have the necessary funds to provide for additional care he needs.

$215,000 settlement was reached for a woman who fell on a wet condition as she was entering her office building in Manhattan. Despite the defense arguing that the lobby had adequate mats down, Partner Edward Steinberg was able to argue at a mediation that the proof was supported by witnesses and the plaintiff herself. As a result of her injury she had long standing pain and though she returned to work shortly thereafter she was left with some residual leg stiffness and discomfort.

$18,100 verdict for Richmond County woman who was injured on a rusty, jagged pipe which was protruding from a lake shoreline while she was vacationing upstate. She sustained a laceration on her leg which required stitches.

New York: Negligence of Organization

Just like property owners, organizations — from government entities and municipalities to schools, hospitals, police stations, and beyond — are required to uphold a duty to the public that protects their health and well-being. However, this expected standard of safety for citizens isn’t always met, and what started as a simple mistake could quickly become a devasting loss to the victim and their loved ones. When these unfortunate situations happen, our attorneys stand ready to prove the negligence of an organization and defend our clients where it matters the most.

A $700,000 settlement was reached for our client in a case our police brutality attorneys filed against the City of New York and the New York City Police Department. Our client, who was 49 at the time, was at home when a call was made to 911 for a domestic dispute. The NYPD arrived and decided to place our client under arrest before they could fully investigate and gather the facts. During the course of the arrest, our client was forcibly thrown into the façade of his home. Then, while handcuffed, he was thrown to the ground. The injuries to his body included a head injury with an intracranial bleed, as well as a fracture/break to a screw that was in place from a prior unrelated cervical surgery. The City argued that the client was trying to flee and that they had to use “reasonable force” to restrain him. Leav & Steinberg partner Edward Steinberg deposed 4 police officers who were at the scene, including the Lieutenant, and was able to show that the offending officer’s version of events was less than credible.

A $420,000 settlement was obtained on behalf of our client, who was an inmate at Rikers Island. He was slashed with a prison knife, which resulted in a 6-inch scar and 32 stitches on his left cheek. The City of New York, who operates Rikers Island, argued that the client was engaged in a fight for which he was one of the aggressors. Our negligence of organization attorneys were able to prove that the lack of supervision and the placement of inmates within the prison contributed to the incident.