Unfortunately, incidences of personal injury are all too common in New York City. Between careless drivers, slippery steps, loose handrails, and workplace hazards, to name a few, there are many different ways people get hurt through the fault of someone else’s actions.
By law, a personal injury is defined by a person suffering harm due to another person’s negligence or intentional bad conduct. New York State law is designed to help people recover losses due to personal injuries. Under state law, injured persons are able to claim compensation for medical care, lost wages, and pain and suffering. State law also allows for suffering family members after a personal injury fatality occurs to claim these losses but also includes burial costs.
New York State has a three-year statute of limitation to file a legal claim and a two-year statute of limitation for wrongful death. In certain circumstances, statute limitations may vary. The attorneys at Raphaelson & Levine represent personal injury victims who are suffering due to the negligent actions of another party and will work hard to see victims receive justice for their suffering. We will carefully look at each case to determine individual circumstances and how the statute of limitations apply.
BELOW ARE BRIEF SUMMARIES OF PERSONAL INJURY ACCIDENT SETTLEMENT AMOUNTS WE HAVE SECURED FOR OUR PAST CLIENTS AND OUR CLIENTS’ SETTLEMENT STORIES.
$950,000 Pedestrian Accident Injury Award
Kings County Supreme Court Mediation
Traumatic Brain Injury and Rib Fractures After Being Struck By Car
$100,000 Injury Settlement
Queens County Supreme Court Mediation
Broken Toes From Being Run Over By Car
$500,000 Pedestrian Injury Verdict
Bronx Supreme Court
Herniated Neck Disc After Being Struck By Car
$250,000 Pedestrian Injury Settlement
Leg Fracture Requiring Surgery After Being Struck By Car
$750,000 Pedestrian Injury Settlement
Four Family Members Injured After Being Struck On Sidewalk By Unlicensed Driver
$500,000 Personal Injury Settlement
Leg Injury Requiring Two Surgeries
Personal Injury Settlement
Our client was injured while she was a passenger in a motor vehicle that pulled out of a parking space when it was unsafe to do so, striking another vehicle on the roadway. Our client underwent an extensive amount of medical care, including surgical repair to the right knee. Based upon the clear negligence on the part of the driver of our client’s vehicle, the insurance company for that vehicle promptly tendered its entire insurance policy. However, our client’s injury was severe, and the compensation for such an injury was worth well beyond the amount of that vehicle’s insurance limits. We successfully argued that the other vehicle involved in the collision was operating in an unsafe manner and bore partial responsibility for the collision as well. Our attorney argued the theory of “joint and several liability,” which is applicable to New York Personal Injury Cases. Joint and several liability is a rule holding that two or more parties can be held independently liable for the full amount of an injured person’s damages, regardless of their respective degrees of fault. Under this rule, a single defendant can be held responsible for the total amount of damages, even if he or she is only responsible for the plaintiff’s injuries to a small degree. Using this theory, we were able to obtain a substantial contribution from the other vehicle’s insurance policy to settle the case during litigation.
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.
Airplane Accident Settlement
Our client was returning home to JFK Airport on an international flight. While the flight was in motion, the luggage compartment opened and caused a suitcase to fall on her. It struck her hard on the back of the neck. She had neck and back injuries from that point that required her to go through several months of physical therapy.
The defendants in the case fought the settlement, which unfortunately means that Raphaelson & Levine spent two years litigating with them in Federal Court. We ultimately prevailed, securing a settlement for our client injured on an international flight in the six figures. This covers her current and future pain and suffering as well as medical bills.
$950K Pedestrian Accident Injury Award
As a vehicle was attempting a left turn, it struck our client resulting in serious injury. Our client had the right of way as she was walking in the crosswalk when inexplicably, the driver turned through the crosswalk and smashed into her. Our client was sent sprawling through the air and driven into the ground; the impact of the vehicle resulted in numerous rib fractures and a head injury. Unfortunately, when her head struck the roadway, it led to subarachnoid hemorrhage.
As a result of the brain injury, she had limited recall of the events and required extensive medication and treatment. She routinely required follow-ups with a neurologist and psychologist. Raphaelson & Levine retained a leading brain injury rehabilitation specialist who performed a thorough assessment and developed a treatment program. Utilizing sophisticated medical technology, he was able to determine that previously undetected injuries were present in the axons of the gray and white brain matter.
Andrew Levine aggressively litigated her case in Kings County Supreme Court. At each step, the firm sought and won various court rulings for her, including:
- Summary judgment on the issue of liability
- Summary judgment on the issue of serious injury, an order precluding the defendant from testifying and an order granting a trial preference.
Today at mediation Andrew Levine and Howard Raphaelson brought the matter to a successful resolution securing recovery of $950,000 from a policy of insurance that provided a maximum recovery of 1 million dollars.
“This settlement guarantees our client’s future needs are met and gave her a strong and meaningful measure of justice. We’re all grateful for the justice that she and family received today.” – Andrew Levine
$100K Settlement For Woman’s Broken Toes
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.
$550K Pedestrian Struck
The firm represented a 15-year-old girl who was struck by a motor vehicle while crossing the street. The driver of the vehicle claimed he had the green light and that our client darted out in front of his vehicle. Our client sustained a herniated disc in her neck and treated with a chiropractor for four months. Trial attorney Jason Krakower tried the case in the Bronx Supreme Court and a jury returned a verdict in favor of our client for $550,000.
$250K Pedestrian Knockdown
The firm represented a woman in her 80s that sustained a fracture of her leg requiring surgery. Our client claimed she was struck by a car that was backing out of a parking spot. The driver claimed he never hit our client and rather she simply lost her balance and fell. The Hospital records also indicated that she was injured when she lost her balance and fell. Despite the claims of the driver and the Hospital records, New York personal injury attorney Andrew Levine was able to establish there was contact between our client and the car and that the contact caused her to fall to the ground. As a result, Andrew was able to achieve a settlement in the amount of $250,000. This amount represented the full policy limit of the driver’s insurance.
$750K Pedestrians Injured
A Brooklyn grandfather, daughter and two grandchildren were pedestrians on the sidewalk when an unlicensed driver lost control of his vehicle and ran into the family.
$500K Man Pinned Between 2 Vehicles
A 38-year-old man was pinned between two vehicles while he was unloading groceries from a delivery truck. Our client suffered a severe fracture to his leg, which required two surgeries. Through the use of a forensic economist, we established that the client would not be able to work in his former occupation and that he suffered the loss of future income. Howard Raphaelson and Andrew Levine obtained a $500,000 settlement for the injured client.