Construction Accident Settlements
New York State Laws recognize the rights of those that build, repair, restore, and modernize the buildings, roads, homes, schools, trains, utilities, escalators, elevators, and the general infrastructure of our city. These rights are recognized in labor laws that protect those injured during construction including Scaffolding Accidents, Crane Accidents, Electrical Accidents, Welding Accidents, Ladder Accidents, Forklift Accidents, Cutting Accidents, Electric Saw Accidents, Elevator Accidents and Nail Gun Accidents — among others. Read More about Construction Accident Personal Injury Settlements & Verdicts.
Construction Accident: $2,225,000
Our client fell 45 feet from unstable scaffolding at a construction site in Rockland County, NY, and was seriously injured. He broke bones in his neck, back and knee, fractured his hip and spinal cord and suffered a 12-centimeter laceration of the left leg. He underwent multiple surgeries to put in, and then take out, hardware used to fuse and mend his broken bones; and to treat the deep cut. He lives with chronic pain, motion loss and he can't lift heavy objects — all of which make it impossible for him to return to his old job.
He hired the New York Construction Accident attorneys at Raphaelson & Levine to represent him in a lawsuit against the general contractor Pontiac Holding L.L.C., and the property owner Bradley Corp Park. The matter proceeded to mediation and despite an aggressive defense — in what is typically a very plaintiff unfriendly county — our client was awarded $2,250,000 in Rockland Supreme Court. The defendants were found in violation of Labor Law codes 240(1) and 241(6), which require employers to provide workers with safe equipment.
Construction Elevator Accident: $1.35 million
A 22-year-old elevator mechanic apprentice sustained permanent injuries when a falling elevator counterweight struck him in the face during renovation of the elevator. The accident occurred because safety procedures regarding the placement of a mesh fence around the elevator leveling device were not in place, a violation of a New York industrial code. The Raphaelson & Levine Law Firm, P.C. obtained a significant recovery for the young man.
Knee Injury from a Car Accident in New York: $100,000
Jason Krakower handled a claim for a client who sustained a knee injury and wrist injury in a motor vehicle accident. The MRI study failed to reveal a torn ligament in the knee, and our client continued to be in pain. Our client underwent an arthroscopic surgery to address his pain. Jason successfully argued that the client sustained a severe knee injury that would cause constant pain for the rest of his life. Jason was able to achieve a $100,000 settlement within six months of the accident. The settlement represented the full available insurance coverage.
Broken Toes from a Car Accident in New York: $100,000
Our firm represented a woman whose foot was run over by a car in Manhattan. As a result she sustained two broken toes. Her foot was placed in a walking boot and the fractures healed within three months. Approximately six months after the car accident she developed a neuroma that required further care. While the case was pending in the Supreme Court of Queens County, Andrew Levine was able to successfully resolve the matter at a mediation for $100,000.
Car Accident Resulting in Vascular Condition: $45,000
Our New York trial attorney Jason Krakower recently received a favorable result in a matter pending in New York County Supreme Court. Our client had been struck by a motor vehicle. She sustained soft tissue injuries that were treated with conservative care for several months. Three years after the accident our client developed a vascular condition in her leg that was struck at the time of the accident. The insurance carrier for the defendant refused to acknowledge that the vascular injury was caused by the accident due to the long delay in diagnosis and treatment.
During trial, Jason Krakower was able to establish that the injury was related to the accident through medical testimony and documentation. Prior to the jury returning a verdict the matter was settled for $45,000. Before the start of the trial the defendant was only offering $7,500. Jason's excellent courtroom skills allowed our client to obtain an award over five times larger than the pretrial offer!
Drunk Driver Taken to Justice
Raphaelson and Levine represented the surviving family members in a civil lawsuit against a drunk driver who struck and killed our client. Despite the Police report indicating that our client was at fault for the accident, we aggressively pursued the claim. We were able to reconstruct the accident through the use of multiple experts and establish that the driver was intoxicated and speeding excessively. Our firm recovered the policy limit of $250,000. Our aggressive litigation paid off and sent a message that drunk driving is not tolerable.
Tragic Accident in Poughkeepsie
Our office represented the Estate of a young mother who was tragically struck and killed by a tow truck. Making the event even more unfortunate, the date of the accident was her youngest son's birthday. Our office established that our client sustained "pre-impact" terror based on the testimony of the driver of the tow truck. At mediation prior to the start of trial, Steven Gershowitz and Howard Raphaelson were able to secure a settlement of $825,000. A portion of this sum was placed into a structured settlement and will provide lifetime income to the children of the accident victim. The anticipated payout will top $1,000,000.
$200,000 Trial Verdict
Jason Krakower was recently recognized by the New York Jury Verdict Reporter. This publication features top verdicts and settlements obtained in New York. The reporter published a case summary on Jason's recent victory in New York Supreme Court for a car accident victim who sustained soft tissue injuries. Jason secured a jury verdict of $200,000 despite our client's involvement in prior and subsequent accidents.
Big Mediation Result: $200,000
Our firm represented a father and son who were injured in a car accident in the Bronx. The son, the driver had to undergo an arthroscopic surgery. The father, the passenger, did not undergo surgery but sustained a knee injury that caused constant pain and limitations in walking. Andrew Levine and Dario Martinez thoroughly prepared this case for mediation. Our firm secured a $200,000 settlement on behalf of our clients.
Auto Accident: $290,000
An 80-year-old man was involved in a two-car motor vehicle accident. Our client was driving his vehicle and made an abrupt left turn in front of the defendant's vehicle. The police report cited our client for failure to yield the right of way. Through the use of our accident reconstruction experts, Andrew Levine and Howard Raphaelson were able to establish that the defendant was traveling at an unsafe speed and should have seen the plaintiff in time to avoid the collision. After a lengthy mediation the firm received an award of $290,000 for our client's pain and suffering.
Construction Accident: $1,140,000
Our client was carrying a large roll of wallpaper in an area that was supposed to have been inspected and made safe for the many contractors at this worksite. It wasn't and he tripped on materials left laying on the floor, which should have been removed. As a result of the accident, he required surgery on both of his knees. The defendants in the lawsuit refused to settle, insisting our client was at fault for the accident. Raphaelson & Levine used the extensive resources of the firm to demonstrate to the jury why the defendants were 100% responsible for the accident. The jury agreed with us, and our client received a sizable, yet fair, verdict.
Laborer Gets Three Quarters of a Million Dollars
Our firm represented a man who was working on a large construction project in Brooklyn. Our client was assigned to the roof and was told to cover the holes with plywood. He was not given any safety devices such as a harness or life line. The holes also did not have any barricades further placing him in danger of falling. He fell through a hole he was attempting to cover and landed on the concrete floor 17 feet below. Howard Raphaelson established that the property owner violated the Labor Law and was able to successfully mediate the case within 8 months of the accident. Our client, who sustained multiple rib fractures and a fractured scapula, recovered $795,000.
Construction Accident Involving Scaffold: $300,000
The Raphaelson & Levine Law Firm represented a New York man working on a construction site that was injured when a scaffold broke and fell causing tools to tumble down striking him in the head. Our client sustained a head laceration that required multiple staples. The construction accident left the man with a fear of working on construction sites or traveling on bridges. Attorney Howard Raphaelson mediated the case and recovered $300,000 on behalf of our client.
Ladder Fall Injury in Nassau County, NY: $300,000
The Firm successfully resolved a lawsuit for a client who fell from a ladder. Our client broke his wrist and required surgery to stabilize the broken bones. New York personal injury lawyer Howard Raphaelson was able to establish that the general contractor for the project violated the Labor Law by failing to provide proper safety devices that would have prevented this accident. This matter was in Nassau County. Howard achieved an award of $300,000 for our client. Howard said, "Our firm continues to send a message to contractors throughout the state that they must provide for the safety of our workers. Shortcuts will not be tolerated when they place the workers' safety at risk."
Construction Accident: $300,000
A 43-year-old construction worker in Nassau county was awarded $300,000. Our client was installing bathroom tile on the upstairs level of a private residential home under new construction. The general contractor required our client to exit the home via a ladder from a second floor window in the bathroom because other workers were constructing the interior staircase at the same time. The general contractor had scheduled multiple trades to work at the same time because he was behind on his construction schedule. Although the ladder was not broken, our client was not assisted while exiting the window and descending the second floor via ladder and sadly fell to the ground sustaining a wrist fracture and vertebrae fractures.
The defendant's argument that the ladder was not broken and that plaintiff caused his own accident failed. The law supported our client's claim that the defendant was responsible for failing to supervise and safeguard our client while he exited the second floor via ladder.
Construction Accident: $237,500
A 31-year-old off-duty policeman fell through a large hole at a construction site. As a result of the fall the young man sustained a severe fracture of his wrist. The Raphaelson & Levine Law Firm was able to establish that this injury amounted to a permanent disability. At trial the Raphaelson & Levine Law Firm was able to prove that the General Contractor and Property Owner both failed to safeguard the area or warn our client about the danger. As a result the matter was resolved with a $237,500 settlement in this construction accident lawsuit.
New York Construction Injury Lawyers Win $715,000 Judgment for Back Injury
New York, New York — January 12, 2012 — When a 52-year-old laborer backed into a piece of structural steel while bent over painting rebar on the ground, he suffered lumbar injuries that kept him from working for two years. New York Construction Injury Law Firm Raphaelson and Levine was there to help.
Raphaelson and Levine successfully argued a recent U.S. Court of Appeals decision applied to this case which held; objects that fall from the same level as a worker can be considered a violation of labor law section 240. Section 240, commonly known as the "ladder law," applies to accidents involving construction workers injured as a result of a fall from a ladder, scaffold or other device and from injuries caused by falling objects.
"In addition to labor law section 240, we were also able to successfully argue that Section 241 (6) applied." Partner Andrew Levine said, "We held the defendants liable for failure to comply with an industrial code section that required a work area free from tripping and other hazards. The defendants failed to provide a safe working area for our client, and as a result he was seriously and permanently injured."