The streets of New York City and the surrounding areas are generally so busy that even the most careful driver can be involved in an accident solely as a result of the recklessness and negligence of another driver. We represent drivers, passengers, pedestrians and bicyclists who have been injured as a result of many different types of car accident scenarios.
Below is a selection of the car accident settlements obtained by our firm, which can help you estimate how much to expect from a car accident settlement.
If you’ve been injured in a car accident in New York, our car accident lawyers can answer your questions and help you determine if you have a case and how much your car accident lawsuit may be worth.
$49K Car Accident Settlement
Our client was rear-ended while stopped at a stoplight. She went to 6 months of physical therapy and chiropractic care for her neck and lower back. She also received one injection in her neck to help relieve the pain. Even though she had a history of scoliosis and minimal injuries on the MRI’s of her spine we were able to settle her case for $49,000.
$450K Car Accident Settlement
Our client was driving through Dutchess County when the defendant’s vehicle crossed over the double yellow line and hit her car head-on. She was taken to the emergency room from the scene of the accident. Shortly thereafter she started attending physical therapy. Physical therapy did not help her injuries improve and she underwent arthroscopic surgery on each knee. She received the full policy limits of $100,000 from the defendant. We were then able to recover an additional $350,000 form the supplementary underinsured motorist coverage for a total recovery of $450,000.
Car Accident Settlement
A woman from Nassau County, New York with a history of prior neck injuries found herself with no recourse due to the limit of $100,000 on her auto insurance policy. Unfortunately, a new accident caused her even greater pain and disability when another vehicle struck her while she was sitting in her parked car. Prior to this accident, Raphaelson & Levine’s client was already receiving social security disability (SSD) payments for a neck injury that required her to undergo cervical fusion surgery. She was working with a doctor to treat her previous neck injury when the accident happened while she was sitting in a parked car.
The defendant, in this case, filed a motion to dismiss our client’s claim by stating that she had pre-existing conditions and that her new neck injuries did not happen because of the most recent accident. Our personal injury attorneys defeated the motion introduced by the defendant and won our own motion on liability. The court decided in our favor and held the defendant responsible for the car accident and our client’s subsequent injuries. This caused the defendant to increase our client’s policy limits to avoid having the case going to trial.
$125K Verdict Three Car Accident
Raphaelson & Levine represented a victim who was involved in a three-car accident in Queens. For 3 1/2 years, the defendants refused to accept their responsibility for the accident. At the start of the trial, the defendants offered $30,000 to settle the matter, which we felt was wholly inadequate compensation for our client, and we proceeded forward with the trial. Litigation attorney-at-law Jason Krakower disputed the matter in Supreme Court Queens County and secured a 100% verdict against the Defendant obtaining a $125,000 victory for our client.
$400K Bus Accident Settlement
A Brooklyn man with prior knee and back injuries receives a $400,000 settlement for aggravation of previous injuries.
As a result of the impact, our client suffered injuries to his back and knee, which ultimately required surgery. The defendants argued that our client had previously injured his back and knee and even hired a biomechanical engineer to opine that the injuries and resulting surgeries were not as a result of this accident, but rather pre-existed the accident.
As a result, the defendants refused to engage in realistic settlement talks. Raphaelson & Levine argued that although our client had suffered prior back and knee injuries, this accident had aggravated his injuries and that he was entitled to fair and just compensation.
After Raphaelson & Levine litigated the case for three and a half years, trial attorney Jason Krakower selected a jury and, before opening statements, were able to secure a $400,000 settlement for our client.
$195K Auto Accident Settlement
Howard and Andrew fought on behalf of a client who sustained neck herniations as a result of an auto accident. What the insurance company labels the dreaded “soft tissue injuries” in an attempt to minimize these severe conditions. Our client did not have surgery and returned to work and all activities. Unfortunately, the insurance company, for years, refused to offer a single dollar. After a mediation proved successful this recovery was obtained for our deserving client.
$300K Suffolk County Auto Accident
Suffolk County Smashed Knee
Our firm represented the driver of a car that was struck by a careless motorist who was attempting a left-hand turn. Our firm aggressively litigated the case in Suffolk supreme court. Today in Riverhead at the east end of Long Island, with the client by their side, Andrew & Howard obtained a strong measure of justice by negotiating a settlement of $300K to compensate our client. Incredibly the insurance carrier had offered initially $35K. Our strong courtroom presence and extensive preparation insured success!
$2.2 Million Head-On Car Accident Settlement
A woman was driving when her car was suddenly struck head-on by another driver, a female, who was recklessly speeding to pick up her child at school. As a result of the automobile crash, the victim was injured, suffering a severe head injury, along with a facial injury. The victim was examined by doctors and given diagnostic testing to determine the extent of her injuries.
The victim had undergone a specialized type of MRI, known as MRI with Diffuse Tensor Imaging. This scan showed doctors how the flow of water through the white matter in her brain indicated there was damage to the brain’s axons and neurons. Doctors diagnosed the woman with mild traumatic brain injury.
The victim turned to the personal injury attorneys at Raphaelson & Levine for help. After we examined the circumstances surrounding the head-on car accident, we determined the victim had strong grounds for a personal injury case.
The defendant and her husband, who is a successful doctor in New York, aggressively fought the victim’s claims to try to protect themselves. Attorneys Howard Raphaelson and Andrew Levine, with the help of our entire legal team, tirelessly advocated on behalf of the victim to ensure she received justice for her injuries and suffering.
In May 2019, our attorneys were able to secure justice on the courthouse steps just as the case approached trial. We were able to deliver a $2,200,000 settlement for the victim to ensure she receives the proper medical attention and care she needs. We effectively proved that someone who sustains an injury to the brain should not have that injury marginalized because it was diagnosed as a mild traumatic brain injury. The word “mild” is often a misnomer because it is defined by the injured person having a brief change in mental status (or a loss of consciousness) for under 30 minutes – it does not determine the extent of the injury nor does it predict how the injury will affect the person for the rest of his or her life.
Any head injury is a life-altering event because the brain doesn’t function exactly the way it did before. Changes could be significant or they could be subtle. Many mild traumatic brain injury survivors have persistent physical, cognitive, or emotional symptoms post-injury, which can change or evolve over time. These symptoms can affect a person’s daily routines, including their ability to do their jobs the way they did before.
It is an honor and privilege for the legal team at Raphaelson & Levine to be the voice of the injured in the New York personal injury community. In this case, attorneys Howard Raphaelson and Levine ensured this wonderful person, a professor, and nurse practitioner will be compensated for all the past suffering she’s endured, along with any additional suffering and economic loss she could face in the future.
$2.8 Million Rear-End Car Accident Trial Verdict
Two sisters were passengers in a car that was rear-ended, and each suffered painful injuries as a result of the accident. One sister sustained an injury to the intervertebral discs in her lumbar spine, and doctors diagnosed her as having herniations and bulges in her discs. She was treated with multiple injections to alleviate her pain. The second sister suffered from injuries to her cervical spine which is the neck area of the spine.
Fortunately, neither sister required surgery for their injuries, but the pain and suffering they experienced in the aftermath of the accident significantly impacted their quality of life.
They turned to the personal injury attorneys at Raphaelson & Levine for help. We looked at the circumstances surrounding the accident and determined they had a strong personal injury case.
Before the trial, the insurance company offered each sister $40,000. Our attorneys felt this was not acceptable because both sisters were limited by the physical injuries they sustained. Each woman was no longer able to perform the activities they did prior to the accident – the things that gave them the most meaning in their lives. While both women had previously sustained spinal injuries in an earlier car accident, they had been still able to function as they always had. They took care of their families and handled daily responsibilities. After the accident, this had all changed.
One sister was most proud of her role of being a mother to five children. After the accident, she was no longer able to take care of her children at the same level of care she had been previously able to do. The injury also impacted her emotional health as she felt she could no longer be the type of mother she always expected herself to be. The second sister found her neck injury limited her ability to successfully to perform her job of helping special ed kids, as well as impacting her other passion of giving aid to people through her church.
The case went to trial. During the trial, the counsel for the defense argued to the jury the injuries both sisters were suffering from resulted from the prior car accident. He presented his case by introducing evidence of previous emergency room visits and medical records. He also argued the current diagnosis for both sisters were related to earlier accidents.
Raphaelson & Levine went to trial armed with the resources of our firm and were effectively able to prove, notwithstanding prior injuries, the current accident was the cause of the sisters’ physical problems. The firm Trial Unit, led by Andrew Levine and Howard Raphaelson, along with the firm’s Associate, Steve Gershowitz, successfully argued any prior injuries the women sustained had been resolved. Our team successfully demonstrated to the jury it was injuries related to the accident in question that led to the significant decrease in quality of life for the two sisters.
After hearing the two sisters’ stories and the evidence presented by our attorneys, the jury was convinced the women had sustained significant pain and suffering and should be compensated.
$325,000 Taxi Passenger Injury Settlement
New York City streets are incredibly busy and many times cars, delivery trucks, and passenger transport vehicles can’t, or simply neglect to find, suitable parking. As a quick solution, they’ll illegally or double-park, which creates significant dangers and can lead to injuries of passengers, pedestrians, cyclists, or other drivers. Unfortunately, this act of negligence is a common one in New York City.
When accidents occur due to illegal or double parking, many people wonder who is at fault. The answer is not so simple because there is often more than one contributing cause. In an automobile collision, aside from any driver negligence, the manner in which the parked vehicle was actually parked can also be a contributor. If you are in a car accident caused by wrongful parking, did you know you can bring a claim against the double/illegally parked car?
- Drivers are not automatically at fault if conditions for the accident were due to a double/illegally parked car.
- Many lawsuits find the driver of the stationary or unoccupied car to be at fault.
- If you’re a passenger of the moving vehicle that strikes an illegally parked car, you may have legal recourse against both drivers.
At Raphaelson & Levine, we represent any injured people who are victims of accidents caused by illegally and double-parked motor vehicles, along with other types of car accident scenarios. If you’ve been injured due to a reckless or negligent parking situation in New York, our personal injury lawyers can examine your situation to see if you have a case and answer any questions you have about the accident. Below is a selection of car accident settlements obtained by the attorneys at the Raphaelson & Levine law firm to help you to estimate what you can expect in terms of compensation.
$325,000 Taxi Passenger Injury Settlement
A taxi passenger was seriously injured after their cab driver struck an unoccupied truck that was illegally parked on the side of a road. The insurance company for the taxi accepted the driver as being at fault for the crash and offered the passenger the minimum insurance coverage of $25,000. The victim turned to the personal injury attorneys at Raphaelson & Levine for help.
We looked at the case and our firm refused to accept the $25,000 minimum coverage amount as compensation. Our attorneys aggressively pursued both the taxi company and the illegally parked truck for negligence. The insurance company for the truck took a “no-pay” position and argued it did not bear any fault for the accident since the truck had been unoccupied and stationary at the time of the accident. They pushed sole blame on the taxi. We found this to be unacceptable since the truck created a dangerous situation and contributed to the cause of the accident.
We filed a lawsuit against both companies and litigated the case in Bronx Supreme Court, fighting aggressively on behalf of our injured client. After months of litigation, both insurance companies ultimately settled, offering their full insurance coverage limits to our client, which came to a total amount of $325,000.
Max Wrongful Death Car Accident Verdict
Trial Attorney Jason Krakower obtained a 100 percent verdict in favor of our client’s estate.
Our client was tragically killed in a motor vehicle crash, when he was ejected from his motorcycle, leaving behind a six-week-old daughter he never got to know and a fiancé who is still grieving years later.
The defendant, for five years, took a “no pay position”, blaming the accident entirely on our client. Our firm never lost faith and tirelessly advocated for our client, giving his family a Voice in the process. Andrew Levine handled the litigation and conducted key depositions of numerous police officers, thoroughly discrediting the defendants blame game. Now through Jason’s courtroom wizardry the jury has spoken and delivered a loud thunderous measure of justice.
Our client was driving his motorcycle on Oriental Blvd in Brooklyn when the defendant made a right-hand turn and collided with our client, propelling him off of his motorcycle and into a telephone pole. The Defendant was adamant that our client was speeding and illegally riding his motorcycle in the bicycle lane prior to the accident. For five years the Defendant never made a single offer in the case, continuously arguing that the accident was completely our client’s fault.
At trial, Jason was able to prove that the Defendant was not keeping a proper lookout and should have seen our client on his motorcycle and avoided the accident. The jury agreed and found the Defendant to be 100% at fault for the accident.
While the monetary award, which will help take care of our client’s daughter for life, is certainly fulfilling, the most gratifying part of the trial was being able to look the client’s fiancé in the eyes, who had to sit through the trial and listen to the horrifying account of how her fiancé died, and tell her that this accident was in no way his fault, providing her with some much-needed relief.
$2 Million Truck Accident Settlement
After a 43-year-old Pepsi Cola truck driver had their life altered by a reckless truck driver, they turned to Raphaelson & Levine for justice.
Known as a family man and hard worker, our client loved working hard as a truck driver delivering Pepsi Cola while looking forward to watching his two sons play school sports after work.
His life and American dream was torn away when a reckless truck driver’s dangerous actions caused a collision on the Long Island Expressway, leaving our client with serious spinal injuries including herniated discs in the back and neck, and tremendous pain and suffering.
Personal injury attorneys Howard Rahaelson and Andrew Levine, partners, had previously mediated the case at NAM and had the courage to recommend rejecting an offer of $1.5 Million, instead pressing forward to trial. With a continued fight on our client’s behalf, we diligently prepared for trial.
With the trial date approaching, through skilled, expert negotiation Howard Raphaelson secured an additional $500,000 of compensation, earning our client a truck accident settlement of $2,000,000.
We are proud to be known as the “voice of the injured,” and ensure our clients have the resources they need to heal and take care of their families following a life-altering injury.
Partners Howard Raphaelson and Andrew Levine have been recognized by Super Lawyers, New York’s Best Lawyers, New Yorker Magazine, and other legal organizations that rank the countries best lawyers.
$590K Hit-And-Run Accident Recovery
When a driver was injured during a hit-and-run collision on the Long Island Expressway, they turned to Raphaelson & Levine for help.
Our client was operating a work vehicle along the Long Island Expressway when he was stuck in the rear. This impact caused him to lose control and he was propelled into the center divider. The impact was violent and the force broke his leg. He required surgery that utilized an intramedullary nail to stabilize the fracture.
The vehicle that caused the crash initially stopped but fled the scene before police arrived. Unfortunately, despite exhaustive efforts by our office and the NYPD, the vehicle could not be identified.
Our office presented a claim pursuant to the SUM endorsement of the vehicle’s policy. This endorsement provides coverage if you are injured by either an underinsured, uninsured, or hit and run motorist. Our firm successfully opposed a motion which sought to stay, or blocks, our client from proceeding to arbitration.
We thereafter went through discovery and prepared for the Arbitration with the same diligence we would prepare a matter for trial. On the literal eve of arbitration, partner Andrew Levine successfully secured a settlement of $590,000 for our client. This result is particularly significant in so much as it was substantially more than the assigned arbitrator had ever awarded for this type of injury.
This substantial recovery will provide our client with much-needed compensation and is a testament to our diligent preparation and fierce litigation strategy.
“This serves as a reminder to us all that we must verify our policies provide maximum protection for underinsured, uninsured or hit and run motorists,” Andrew stated, “This coverage is the most essential and provides the greatest protection for your family in the event of a serious injury arising out of a motor vehicle crash.”
We are happy to review your policy of insurance free of charge to determine the level of coverage you are providing you and your family. This case should be a wake-up call to all. While we always preach the importance of this coverage this case is living proof.
175K Car Accident Trial Verdict
When an insurance company offered a minimal settlement to a car accident victim that sustained an elbow injury requiring surgery, she turned to our firm for assistance.
Our client injured her elbow after being struck by a car and required arthroscopic surgery to repair the damage. The insurance company argued that our client’s injuries were so minor that the case would be dismissed before trial.
The motion to dismiss was denied and the case proceeded to trial at the Suffolk County Supreme Court. Claiming they would certainly prevail, the insurance company offered a pedestrian settlement of only a few thousand dollars. With the council of personal injury attorney Ben Katz, our client rejected the offer and our firm diligently went to work. After a tireless pursuit of justice for our client, attorney Ben Katz presented a compelling argument, successfully obtaining a trial verdict of $175,000 for our deserving client.
$865K Truck Accident Settlement
Raphaelson & Levine represented a young man who was struck by a dump truck while driving his company vehicle. The impact resulted in injuries to his hips and lower back which ultimately required surgery.
After extensive depositions and aggressive litigation in the Kings County Supreme Court, a motion was made to the court seeking a liability judgment. The court agreed and granted our client summary judgment. The truck driver appealed the judgment to the Appellate Division, Second Department. While the appeal was pending the battle shifted to liability.
Our firm retained medical experts, an economist, and developed a life care plan which projected our client’s future medical needs.
The matter was mediated before a hearing officer at National Arbitration and Mediation. The firm rejected an offer of half a million dollars, confident our client deserved more. Less than one month from the mediation, partner Andrew Levine reached a settlement on behalf of the client in the amount of $865,000.00
$570K Car Crash Settlement
A pharmacy assistant manager was driving southbound in the Jamaica section of Queens when her vehicle was involved in a three-car crash, resulting in a serious back injury.
When the victim was about 50 feet shy of the intersection at 86th Avenue, they stopped in traffic. Before they could resume travel, her vehicle was struck by a northbound vehicle that crossed 150th Street center line. The collision occurred moments after that car was struck by another driver, who was traveling on 86th Avenue.
The pharmacy assistant manager alleged that both vehicles that struck her vehicle were negligent in the operation of their respective vehicles. She also claimed that the first vehicle that struck her was speeding and contended that he lost control of his vehicle after the initial collision when he failed to yield the right away.
The defense contended that the defendant stopped at the stop sign, and claimed that the collision occurred while they were inching into the intersection and that the vehicle that struck him was maintaining a speed of 45 miles per hour.
The third vehicle driver stated that the incident occurred while he was test-driving a vehicle that had a mechanical problem. He claimed that he maintained a speed of 5 mph.
Our client’s injuries include bulges of the L4-5 and L5-S1 intervertebral discs, as well as limitations due to accident PTSD. Conservative treatment was done with acupuncture, physical therapy, and pain management treatment.
Although the defense counsel produced a surveillance videotape and suggested that the tape demonstrated that her limitations were not disabling, our firm aggressively litigated a $570,000 negotiated car accident settlement.
$450K – Mother And Two Children Struck By Truck On City Highway.
A mother and two children were struck in the rear by a truck on a city highway. The injury to her neck required she be taken by ambulance and separated from her children at the scene. Although the children miraculously sustained only minor injuries the mother required extensive physical therapy to her neck. The mother was able to return to work and support her children but required significant treatment for over one year. Her case was settled this week in Kings County for $450,000.00
Raphaelson and Levine have litigated and prevailed on numerous car accident settlements in New York. To speak to an attorney with extensive experience in such a matter please contact us today.
$290K 80-Year-Old Man Involved In Two-Car Accident
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.
$200K Father And Son Injured In Car Accident
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.
$200K Case Recognized By NY Jury Verdict Reporter
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.
$250K Drunk Driver Accident
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.
$45K Soft Tissue Car Accident Injury
Our firm secured a settlement 5-times larger than the defendant’s original offer for a New Yorker who suffered soft tissue injuries during a car accident.
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 the trial, 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!
$100K Settlement Within Six Months Of Accident
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.
$500K Tractor Trailer Rear-End Accident
Our client was seriously injured when the vehicle he was traveling in was rear-ended by a tractor-trailer on the BQE expressway(or I-278). While the vehicle in which he was traveling did not have a scratch we proved that his injuries were in fact caused by the accident.
The deck was stacked against us from the start as the police report doubted whether the client was injured based on the fact that no damage resulted. The defendants even hired a biomechanical expert to say that it was physically impossible that the injuries resulted from the accident.
We proceeded to arbitration and recovered nearly half. Through diligent trial preparation and skilled advocacy at the Arbitration Hearing, we prevailed and established that each injury was caused by the accident and was permanent and debilitating.
Our office has handled numerous truck accidents and is familiar with the Federal motor vehicle safety standards that govern tractor trailers.
$225K NJ Car Accident Wins With Help From Facebook
Our firm represented a woman who was in a car accident in northern New Jersey. Our client was struck by a car driven by a newly licensed driver that attempted to make a left turn. As a result of the impact, our client sustained a fracture to her nondominant wrist. The fracture was treated via a surgical procedure. Following the completion of discovery, but prior to the start of trial, Andrew Levine obtained a recovery of $225,000 for our client. Interestingly our firm was able to use Facebook entries made by the defendant following the accident to challenge her claims that our client was speeding and had in any way contributed to the accident.
$245K Car Accident Resulting in Neck Injury
The New York car accident lawyers of The Raphaelson & Levine Law Firm in New York represented a man who was injured while traveling as a passenger in his own car. The truck that struck his vehicle had no insurance. Our client sustained a neck injury, which ultimately required surgery. The firm presented a claim pursuant to a clause in our client’s insurance policy. The insurance company claimed that the client’s own doctor said the surgery was not related and was due to his advanced age (over 80) and further that his injuries were in no way related to the accident. Through aggressive litigation, Andrew Levine was able to recover $245,000, which represented nearly the maximum recovery available.
$245K Auto Accident Aggravates Neck Injury
Our firm represented a woman involved in an auto accident in Washington State. Our client had a prior accident approximately 10 years ago that caused a herniation in her neck. Andrew Levine successfully argued that our client’s neck injury was made significantly worse due to the current accident. As a result, Andrew Levine was able to negotiate a pretrial settlement for our client in the amount of $245,000.
This represented the fourth six-figure result that Andrew obtained in the past four months for clients claiming neck injuries that had prior injuries and accidents.
$300K Settlement Aggravation of Back Injury
Our firm represented a young man who injured his back in a motor vehicle accident. He had previously hurt the same portion of his spine and underwent extensive care immediately before the current accident. The MRIs were virtually identical and confirmed he had a herniated disc. In spite of the similarities, Howard Raphaelson was able to establish that the current accident aggravated the condition and would require extensive treatment into the future. Howard obtained a $300,000 settlement on behalf of our client.
$300K 3-Car Auto Accident Settlement
Although a person who sustained injury to a particular body part may be more susceptible to reinjuring or exacerbating the injury to that same body part in the future, New York Law allows plaintiffs to recover for aggravation and exacerbation of preexisting injuries. This week, the injury lawyers of Raphaelson and Levine recovered a $300,000 settlement for a 32-year-old security guard who was injured in a 3-car accident in New York in 2007. Several years prior to this accident, the client had a car accident and injured his back. His injury was diagnosed as a herniated disc. He received treatment for two years and recovered monies as a result of a lawsuit that was brought on his behalf by another law firm. Following his recent accident, he returned to the law firm that handled his first accident and was advised that he could not recover monies because that part of his body was already injured. He was then referred to Raphaelson and Levine by a friend that our law firm had represented. We advised the client that although the new accident involved injury to the same part of his back as the first accident, we would fight his case as an exacerbation of a preexisting injury. Raphaelson and Levine was able to prove that the injury was exacerbated as a result of the second accident and was able to negotiate a $300,000 herniated disc car accident settlement.
$200K Awarded to Young Man
The firm represented a young man involved in a New York motor vehicle accident. Our client had a prior accident and a subsequent accident before this matter could go to trial. Both the prior and subsequent accidents resulted in injuries nearly identical to the injuries we alleged. Prior to trial the insurance company for the defendant refused to offer more than $7,500. Trial Attorney Jason Krakower took the matter before the jury seeking justice for our client. Jason persuaded the jury that the accident caused all of our client’s injuries and the jury awarded the sum of $200,000.
$825K Tow Truck Accident
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.
$500K Rear-End Underinsured Accident Settlement
A delivery driver was driving on the southbound side of the Saw Mill River Parkway, in Westchester County when she was involved in a four-way collision that began when a southbound motorist struck the rear end of a preceding vehicle causing a multiple car pile-up accidents.
Due to the injuries, the victim received from the accident she had two shoulder surgeries to repair her torn rotator cuff. The victim contended that she would need to move to another country, where she can receive the assistance of her family to care for her two children. She also claimed that she suffers from residual pain and range of motion in her right shoulder.
After several weeks of physical therapy, the victim was seen by an Orthopedist and advised to undergo Arthroscopic Surgery. Following the procedure, she developed stiffness in the shoulder and required a revision procedure where scar tissue was removed.
The vehicle that struck her in the rear had a $100,000 insurance policy, which was offered immediately upon filing the lawsuit. However, the defense contended that the preceding motorists stopped abruptly and such, claimed they could not have avoided the collision.
Before the scheduled arbitration, personal injury attorneys Andrew Levine and Dario Martinez, made a claim under the Underinsured Motorist Endorsement of our client’s insurance policy, obtaining an additional $400,000 for a total car accident shoulder injury settlement of $500,000.
This recovery was noted to be one of the largest in New York for this type of injury.
Levine recalls, “this case was the perfect example of the importance of having the proper underinsurance on your vehicle policies.” Our client was able to protect herself when the dangerous driver failed to have sufficient insurance. This benefit costs very little in comparison with the advantage it has brought our client. Feel free to forward the ‘Declarations Page’ of your insurance policy for our office to review.
$550K For Disc Bulge
Our firm represented a woman who was injured in a motor vehicle accident. Two vehicles collided in an intersection. As a result of that impact, one vehicle lost control and struck our client. We filed a lawsuit against both vehicles in Queens Supreme Court, which happened to be three blocks from where the accident happened. After two years of litigation and on the eve of trial, the matter was resolved for 550,000. Our client had sustained a disc bulge. Throughout the entire case the Defendants attempted to minimize the extent of her injuries. Andrew Levine said, “This matter was the perfect example of how our office handles our client’s claims. We were committed to making the defendants understand the effect this accident had on our client’s life not what her MRI report said.” That was the difference between the defendant’s initial offer of $10,000 and the ultimate recovery of $550,000.
$650K Awarded To Good Samaritan
A 31-year-old driver traveling along the Henry Hudson Parkway came upon a disabled vehicle that had been involved in a motor vehicle accident. He observed someone injured inside the vehicle. After parking his car on the side of the roadway, he was attempting to assist the injured person when another vehicle, proceeding on the Parkway in an unsafe manner, struck him. The Raphaelson Law Firm, P.C. resolved the case at the time of trial.
$750K Sideswipe Car Crash Settlement
A gourmet chef was injured as a passenger when the vehicle she was riding in was struck by a truck. The victim was an occupant of a vehicle that was parked alongside a curb of Jamaica Avenue, near 135th Street, in Queens. The vehicle’s owner also occupied the vehicle. As the driver drove away from the curb and entered traffic, the vehicle collided with a truck.
As a result of the impact, the victim sustained spinal injuries that led to epidural injections and ultimately a laminectomy, a procedure to relieve pressure in the spine due to a herniated disk. The case was particularly difficult because our client had two prior accidents, both pursued legally, with one resulting in a back injury in the same area that our client ultimately underwent the laminectomy.
The defense contended that the victim was driving the vehicle (not the passenger) and that she turned into traffic from a parked position and initiated the collision. The police report supported the driver of the trucks accounts of the incident, but the owner of the vehicle that was sideswiped claims that the report contained inaccuracies that were a result of his limitations with the English language.
The victim claimed that she still suffers from residual pain and that she can not endure prolonged periods in which she is standing, and that she cannot lift heavy objects.
Our firm hired a pain management expert, who agreed that our client suffers from unresolved symptoms. As a result of the injuries, it prevents her resumption of her chef’s job.
The defense counsel downplayed the victims claim that she cannot resume her chef’s job, however through aggressive litigation Andre Levine, firm partner, was able to negotiate a recovery of $750,000 injury settlement on the eve of trial.
A portion of the sum was placed in a structured settlement thus the client’s ultimate recovery will near $1,000,000. This recovery was featured in the New York Jury Verdict Reporter as a top recovery.
$900K Rear-End Accident To Photographer
Our client, a 49-year-old freelance photographer, was rear-ended by a truck while he was stopping at a red light. The collision exacerbated earlier injuries that client sustained to his back.
Our client had a long-standing herniated disc that he was previously advised required surgery. Our law firm successfully argued that the collision significantly worsened his condition. The matter mediated on two separate occasions. Andrew Levine and Howard Raphaelson were able to obtain a $900,000 settlement prior to trial of this matter.
Defective Automobile: Multi-Million Dollar Award
Several individuals were seriously injured as a result of a defective gear shifting device that caused the driver of the motor vehicle to lose control and run over pedestrians inside a New York City park. Our law firm obtained a significant confidential settlement from a major automobile manufacturer because of the defect.
$1.5M Nassau County Auto Accident
Our client, a woman in her fifties, had a long-standing history of prior injuries including prior surgery to her spine, and extensive care to her neck, back and wrists. These were the precise injuries we secured compensation for.
While New York Law does not permit a recovery for injuries that pre date an accident, it does permit a recovery for the “exacerbation and aggravation” of those injuries. Essentially you must prove a worsening of the conditions attributable to the accident or incident.
Through sophisticated medical analysis, use of top flight experts, and diligent legal work, we were able to establish that our client was asymptomatic prior to the accident we represented her for, despite her 15-year history of treatment.
Our office also scored numerous legal victories that helped secure this outstanding recovery. We obtained summary judgment on the issue of liability. This meant the sole issue the jury would decide would be the amount of damages. We also obtained preclusion of the defendant at the time of trial which meant the defendant could not testify and challenge the plaintiffs version of the incident, the force of the impact, or the appearance of the plaintiff following the accident.
We proceeded to a mediation at NAM (National Arbitration and Mediation). Through aggressive negotiation and a trial presentation we secured a settlement of $1.5 million dollars for an exacerbation and aggravation claim. This money brings our client well-deserved compensation and a pound of justice.
$750K From Shaky Mechanic Service
Our firm litigates cases throughout the New York area, frequently battling on behalf of clients in Nassau County Supreme Court on Long Island. Throughout the legal community, the Nassau County Supreme Court is known as a conservative venue, one where defendants typically argue that juries will not award substantial compensation.
In recent years, we have achieved great success by presenting our cases in a strong concise and direct manner, ensuring the victim’s voice is heard, respected and justly awarded. Two recent awards speak to the firm’s success in this challenging venue.
Case Result: Shaky Mechanic Service Leads to $750K Car Accident Award
Our client had his car serviced at a major Long Island car dealership, which included a tire rotation. Shortly after pulling out of the dealership one of the wheels on his vehicle came loose, falling off and causing the vehicle to come crashing down.
The resulting accident caused the driver to sustain severe spinal injuries which required surgery. At the time of the crash, he was out of work on an unrelated injury and he had been determined to be disabled by the worker’s compensation board of New York.
After a thorough investigation, we proved the tire was improperly secured to the vehicle after the tire rotation service was completed.
We worked closely with the treating physician to establish the causal relation of the injuries and partnered with a life care planning expert, an economist, and a liability expert to build our case.
Following two mediations personal injury claim was resolved, earning the victim a $750,000 award.
Case Result: Elderly Victim Receives $250K Maximum Insurance Policy Award
Our client, an elderly individual, was rear-ended in Farmingdale, Long Island. While the victim described the impact as forceful, both vehicles involved appeared undamaged.
The defendants strenuously argued that it was impossible for our client to be injured due to the lack of any physical damage to either vehicle.
Raphaelson & Levine aggressively litigated the case obtaining pre-deposition summary judgment on the issue of liability. We were able to successfully argue that despite the lack of damage, that the client’s positioning in the vehicle at the time of impact coupled with pre-existing degenerative changes made him extremely vulnerable to injuring his neck.
We proved that these factors lead to a neck injury that required a three-level anterior cervical discectomy and fusion.
The defendant had insurance with limits of $250,000 per person. As the matter was placed on the trial calendar they defendants tendered the full limits of their policy and resolved the matter, earning our client the maximum policy award of $250,000.
Case Update: Raphaelson & Levine Win Pivotal Appeal vs. NYCHA
Our firm is fortunate enough to prevail in an appeal before the Appellate Division First Department, ensuring our client’s voice will be heard in a court of law.
The case involved a seriously injured client who slipped and fell on ice along a residential sidewalk, with the adjacent property owned by the New York City Housing Authority (NYCHA). The slip and fall accident resulted in the victim rupturing his quadriceps, an injury that required surgery.
New York City Law requires the adjacent property owner to remove snow and ice or they shall be liable for injuries that occur.
The defendants initially made a motion for Summary Judgment in the Supreme Court. The Judge denied the motion permitting the case to proceed to trial, and again the defendants appealed this order seeking to dismiss the case.
The appellate division agreed with our position and determined this matter should not be dismissed and our client gets to proceed to trial seeking justice.
$825K Brooklyn Car Accident
Raphaelson and Levine aggressively litigated on behalf of a young Brooklyn resident who was struck in the rear while driving along the Belt Parkway. Our client, who had a history of prior back pain and treatment, sustained a back injury to his lumbar spine (lower back). He attempted physical therapy but ultimately required back surgery. The case was very complex and contained a myriad of issues including prior accidents, subsequent accidents and troubling surveillance video.
Nonetheless, the firm successfully presented the case and was able to obtain a recovery of $825,000 for this deserving client. This money was intended to compensate him for his pain and suffering as well as his lost income.
$500K Underinsured Motorist Settlement
At 5:15pm a truck driver’s helper was unloading his delivery truck, which was stopped near the intersection of West Ninth Street and Sixth Avenue in Manhattan, NY. While he was standing near the rear of his truck, he was struck by a van.
The victim became pinned between the rear bumper of his truck and the front bumper of the van and sustained serious crush injuries to his leg, including a fractured tibia which required a bone graft and additional medical treatment.
The defense counsel contended that our client’s injuries were healing well and that the victim would not be left with any permanent residual injury, further arguing that some of our client’s ambulatory problems stemmed from a prior injury to his right leg.
During mediation, Raphaelson & Levine was able to secure a $400,000 settlement under New York’s supplementary underinsured-motorist provision in addition to the defendant insurer’s maximum policy amount of $100,000. The insurance payout, $500,000 in total, will compensate our client for his past and future pain and suffering.
Confidential 7-Figure Defective Automobile Settlement
After a young boy was paralyzed due to a minivan seating defect attorneys Howard Raphaelson and Andrew Levine recovered a confidential seven-figure settlement for the 13-year-old boy and his family. Raphaelson & Levine’s determination to overcome all odds, including a courtroom battle against a giant auto manufacturing company, led to a legal victory for this very special boy.
Although the defendant was forced to provide substantial compensation that will support this child for the remainder of his life, the manufacturer’s greatest failure was putting profits before passenger safety.