Successful Past Verdicts for Motor Vehicle Accidents in New York
Wrongful death of pedestrian struck by motor vehicle – Settlement $1,200,000.00 (out of a total available insurance coverage of $1,250,000.00)
Decedent was a married mother of three. Defendant driver testified under questioning by our office at her deposition that at the time of the accident she was not wearing her glasses as required by her driver license because she could see better without them.
Experts: Economist, Accident reconstruction.
Motor Vehicle Accident – Passenger – $850,000.00 Settlement
Our client was a passenger in an SUV that was involved in an accident that occurred at an intersection on Sunrise Highway on Long Island that was controlled by a traffic light. The SUV flipped over and she sustained a fractured vertebrae in her neck. She underwent emergency surgery to stabilize the fracture. Fortunately our client sustained little long-term neurological damage, although she endured a long rehabilitation. One of the reasons the defendants’ insurance company settled the case was because under questioning by one of our attorneys at a deposition, a defendant driver who had some of her children in her vehicle at the time of the accident testified that before the accident she had had one glass of wine with dinner after sending back a first glass of wine whose taste she didn’t like, but that she would never drive with children in her car after she had had a drink.
Pedestrian Knocked Down by Car – $750,000.00 Settlement
Our client was crossing a street when he was struck by a turning vehicle. He was knocked unconscious and suffered a fractured skull. He was hospitalized for about 6 weeks. The defendant driver was a 17-year old woman who had recently received her driver’s license and was still on probation. She tried to blame our client for walking in front of her car. However, our office took the deposition of the driver’s mother who had come to the scene of accident, and her testimony contradicted her daughter’s, establishing that she had in fact been turning when she struck our client who had the right-of-way. Our office arranged for our client to be examined by a forensic psychiatrist in order to be in better position to prove the extent of our client’s neuropsychiatric damages.
Experts: Neurologist, Forensic Psychiatrist
Pedestrian struck by motor vehicle – Settlement $750,000.00
Pedestrian crossing in middle of block struck in head by side view mirror of a passing rented van. The driver of the van left the scene of the accident without identifying himself or the van’s plate number. Through our investigation, we located the driver and successfully pursued and recovered damages for our client from the rental company.
Motor Vehicle Accident – Herniated Discs with Fusion Surgery – Settlement $600,000.00
Our client was driving his vehicle when it was struck in the rear by a truck. After conservative treatment failed to alleviate his pain, our client underwent surgery for a fusion. Complicating this case was the fact that our client had injured his back in previous accidents. In addition, immediately following the accident, he lost very little time from work, which involved some heavy lifting. Only some months later did he stop working, opening the door for the defendants’ lawyer to contend that something must have happened in the interim to cause him to stop working. The defendants’ insurance company had attempted over a long period of time, in court and through mediation, to convince our office and our client to accept a much lower settlement offer. When it became apparent that we were prepared to go to trial, the offer greatly improved and the case settled.
Multiple Vehicle Accident – Herniated Discs with Surgery – Settlement During Trial – $450,000.00
Levine & Slavit obtained a settlement for a 39 year-old woman who was the driver of a car that was involved in a multi-vehicle accident on the Belt Parkway in Brooklyn, New York. The case settled during trial after the defendant drivers were cross-examined and it became clear that the jury was probably going to assign blame for negligence against more than the one defendant who had not seriously contested his own fault.
This case was referred to our office by an out-of-state lawyer on the eve of the expiration of the Statute of Limitations. We expeditiously and timely drafted, filed and served a summons and complaint.
One of the more challenging aspects of the case was that our client, a commercial airline pilot, did not receive any significant treatment for her back injuries for several months after the accident had occurred. Her initial treatment focused primarily on her neck. The defendants’ attorneys intended to argue that the herniated discs in her back were not caused by the accident, but were degenerative changes for which she had received medical treatment prior to this accident.
Motor Vehicle – Unsafe Roadway – Settlement $400,000.00
Settlement on the eve of trial on behalf of a woman who was driving her motor vehicle on a parkway when a dead and rotting tree, which was situated next to the roadway, fell onto her vehicle. The accident occurred on a windless morning. The governmental authority responsible for maintaining the parkway denied that it had prior notice that the tree was dead. Levine & Slavit immediately retained an expert arborist to inspect the conditions at the scene of accident while they were current. The expert was prepared to testify that the governmental authority was negligent for failing to notice that the tree had been dead for a number of years, notwithstanding that there were obvious telltale signs that the tree was dead and rotting, and thus posed a hazard to passing motorists. Depositions of the defendant revealed an archaic and lax inspection procedure. As a result of the accident, our client sustained injuries that required her to undergo two back surgeries, as well as arthroscopic surgery on her knee.
Motor Vehicle – Infant Pedestrian – Settlement for Full Insurance Policy – $50,000.00
Structured settlement for infant plaintiff who was struck by a motor vehicle and fractured her leg. The motorist contended that the infant darted out from in between two parked cars. Through questioning of the defendant at his deposition, Levine & Slavit was able to learn that at the time of the accident, the driver was looking for a parking space and therefore was not paying attention. The insurance company tried to avoid paying the full amount of its insurance policy, but our office insisted that the entire policy be paid.
Mother and Son Struck by Motor Vehicle on Queens Boulevard – $100,000.00 and $25,000.00 Settlements
In this case our clients were standing on an island on Queens Boulevard waiting for the light to turn in their favor when they were struck by a motor vehicle. There were three vehicles involved in the accident with each driver having a different version as to how the accident happened. The key to maximizing our clients’ recoveries was establishing that the vehicle with the greatest insurance coverage was at least in part responsible for the accident. Through thorough depositions of the defendant drivers, our office was able to obtain significant recoveries for our clients.
Wrongful Death of Pedestrian – Settlement Confidential
A pedestrian was run over and killed by a New York City Apple Tours bus. The victim died almost instantly. New York Law does not allow surviving family members to recover for the emotional loss suffered by those left behind after a wrongful death; recovery is limited to the decedent’s pain and suffering and to the estate’s financial loss. With the help of a forensic pathologist, the personal injury attorneys at our Manhattan office were able to demonstrate the victim’s conscious awareness of his impending death. We defeated a motion to dismiss our claim for punitive damages, not withstanding that under New York Law it is difficult to obtain an award of punitive damages in a motor vehicle accident case. Our work opened up meaningful settlement negotiations and resulted in a substantial settlement for our client.
Expert: Forensic Pathologist
* Prior results do not guarantee a similar outcome.