Raphaelson & Levine Has Helped Victims Recover More Than $500 Million In Verdicts And Settlements
Personal injury law, also known as tort law, encompasses any injury, harm, wrongdoing, or damage to a person, property, rights, or reputation caused by the negligence or actions of another party. Slip and fall lawsuits are the most common lawsuits brought in the United States. A personal injury can be devastating psychologically and financially, especially to families that may incur exorbitant medical bills as well as the loss of income if it is the main wage earner who has suffered an injury and is unable to work.
Below are brief summaries of slip, trip, and fall lawsuit settlements we have secured for past clients.
$650,000 injury Settlement
Manhattan Pet Store Slip & Fall
$200,000 injury Settlement
Nassau County Parking Lot Slip & Fall
Sprained Ankle Due To Noxious Fumes
$1,750,000 injury Settlement
Staircase Trip & Fall
$169,000 injury Settlement
Brooklyn Gas Station Slip & Fall
$150,000 injury Settlement
New York City Sidewalk Trip & Fall
$140,000 injury Settlement
New York Street Trip & Fall
$260K Slip & Fall Accident: Landlord Negligence
Our client was injured when she slipped on liquid while descending a set of stairs on the first floor of her apartment building. She sustained a severely broken wrist, which required multiple surgeries to repair, as well as fractures to her teeth.
The defendants initially chose to ignore the lawsuit. That did not stop Raphaelson & Levine. We promptly moved for a default judgment against the non-answering parties, which immediately caught their attention to participate in the lawsuit and defend the case.
The defendants defended the case by arguing that they lacked notice of the liquid that caused our client to fall, and therefore, could not be held liable for her injuries. They also argued that our client was negligent herself for failing to see that there was liquid on the steps of the building where she was a resident for over twenty years. The defendants consistently refrained from offering any settlement amount during the litigation.
We aggressively litigated the case and successfully argued that the defendants knew about the liquid on the case, or at the very least, should have known about the liquid on the steps that caused our client to fall. During depositions, it was revealed that the defendants maintained a nearby trash compactor closet in the building, which we proved was consistently overloaded with leaking garbage that ran into the steps. Uncovering this information allowed us to successfully argue that the defendants had notice of a recurrent condition. In New York, a defendant may be charged with notice of a dangerous condition when the condition is ongoing and routinely left unaddressed.
Our aggressive litigation brought the parties to the negotiating table at a mediation. Raphaelson & Levine was able to negotiate a settlement of $260,000 for our seriously injured client.
This case was exemplary of Raphaelson & Levine’s persistence and resourcefulness in pursuing complex cases. The case was handled by associate Joseph Taylor and partners Howard Raphaelson and Andrew Levine.
$1.75M Worksite Fall Injury Settlement
The Plaintiff in the case sustained a Traumatic Brain Injury when he fell off his truck at a waste transfer station. The Defendant’s fought the case in court for over 5 years. They claimed the Plaintiff was the cause of his accident and that his injuries were not as severe as he claimed.
Raphaelson and Levine retained the best liability experts in the nation to prove the case. It turns out that the Defendant had failed to provide safety equipment to the Plaintiff that would have prevented his fall. The experts opined that the industry standard was to provide fall protection for the truck drivers at the waste transfer facilities. We also retained Expert Life Care Planners and Economists to prove the client’s past and future economic damages.
Our commitment and dedication as a The Voice of the Injured in NYC are unwavering. This successful MILLION DOLLAR result will provide for this man and his family for the rest of his life.
$1M Worksite Trip & Fall Settlement
Andrew Levine and Howard Raphaelson successfully obtained a $900K settlement in a labor law case for a deserving client of the firm. Our client also received nearly $200,000 in compensation benefits bringing the total recovery to over $1 million.
Our client was injured when working in the construction of a new luxury Brooklyn hotel. He was not provided a safe place to work and was injured when he tripped over loose materials that were scattered about the job site while he was descending a ladder.
Our client sustained a fractured shoulder and an injury to his knee. The matter was litigated in Kings Supreme Court and resolved at a Mediation before Hon Justice Hurkin Torres.
Construction workers are owed a safe place to work. Profits should never be favored over safety.
$575K Brooklyn Slip & Fall
After a young teacher slipped and fell while attempting to enter the school where they worked, they turned to the injury lawyers at Raphaelson & Levine for help.
As a teacher in New York City, our client was unable to receive workers’ compensation for her injury, meaning any claim must be filed directly against the city for their pain and suffering. The slip and fall injury, which resulted in a broken ankle which required a surgical procedure which included the use of a metal plate and screws.
Through diligent discovery and tedious depositions, our slip and fall attorneys identified an individual who had fallen the day before which proved to be powerful evidence. Along with an inspection report our firm unearthed in a freedom of information request, we discovered that the area causing fall accidents had been encumbered with snow and ice and was in fact deemed unacceptable in the weeks before the injury.
Our firm partnered with a sophisticated weather expert and worked closely with our client’s surgeon to develop a future care plan and explain the significance of the injury in a visual manner through trial graphics and anatomy renderings. With a strong argument in hand, partner Andrew Levine successfully concluded negotiations by securing a $575,000 slip and fall accident settlement for our deserving client.
$600K Apartment Slip & Fall Settlement
Justice was recovered for a Bronx resident with prior health issues who was injured after their continuous written reports of a dangerous water condition in their apartment went ignored by their landlord, management, and superintendent. When a slip and fall resulted in further back injury, the victim turned to the experienced slip and fall attorneys Raphaelson & Levine for help.
Our client, a tenant on the first floor located directly above the flat roof of the building garage in a large Bronx Hi-Rise had frequently encountered water seeping into her apartment from the flat garage roof. The poor condition of the water drainage was continually reported to the landlord, management office and super. Unfortunately, her complaints went unaddressed and the condition continued.
On the way to the bathroom the resident slipped and fell on a puddle that accumulated from water that came through the wall, causing a serious back injury. Notably, the victim had a previous back injury due to a prior fall and was in fact deemed disabled. This fall dramatically worsened their back condition and was quite literally the straw, or fall, that broke the back.
Days before trial in Bronx Supreme Court the matter proceeded to mediation before Hon. DiBalsi at National Arbitration and Mediation in Manhattan, NY. After an exhaustive two day mediation the firm prevailed, with partners Andrew Levine and Howard Raphaelson negotiating a $600,000 slip and fall settlement.
This Case Was Won On Several Key Points:
1. Our firm worked diligently with our client’s physicians to establish the causation of the injury, working with radiologists, spinal surgeons and the chiropractor whom treated our client for her prior fall and the current fall. This permitted us to clearly demonstrate that the injury was exacerbated or made worse and thus permitted a successful recovery. When embraced and handled properly a prior injury does not have to be a detriment to a claim but can be solid evidence to establish the new or worsened portion of the injury.
2. Our client had made prior complaints in WRITING. While one’s word can be enough, it is often subject to extensive cross-examination and met with an opposing story. Here our client made her complaints by text message which even included photographs. These text messages proved to be powerful evidence when the defendants argued they were unaware of the condition before her injury, a necessary component in proving her case.
We strongly recommend if you are faced with a dangerous condition that you should report it immediately and document it in a manner that can be saved. A written complaint, whether letter, text or email, will often stimulate a proper response from a landlord and will also serve as definitive proof that the complaint was rendered in the unfortunate event that an incident or injury later occurs. If you are making a complaint in person or by phone a follow-up text, email or confirming letter is highly recommended.
$1.75M Fall From Heights Injury Award
After a truck driver fell from heights, suffering traumatic brain injury, they turned to Raphaelson & Levine for help.
The serious injury occurred when the owner of the large warehouse located in New York City negligently and recklessly required our client, a truck driver, to go on top of this vehicle without the proper safety equipment or fall protection.
Inevitably, the driver fell off the rig, plummeting headfirst into the concrete ground which resulted in a traumatic brain injury that left our client with memory loss, cognitive deficits, and loss of hearing in one ear. After five years of intense litigation, Raphaelson and Levine were able to secure justice for our client in the form of a $1.75 settlement during mediation, that will take care of himself and his family for the rest of their lives.
An important take away from this case is that property owners and businesses must look out for the safety of those who come onto their property. Safety before profits should be the most important agenda for any busy that requires their own workers or those that perform any work on their property, to be subject to elevation dangers.
$450K Slip & Fall Settlement For Victim With Pre-Existing Injuries
After a 60-year-old New York man slipped and fell while exiting an elevator in his residential co-op building, he turned to Raphaelson & Levine for help. During our investigation, we identified witnesses who confirmed that wetness existed on the floor which the building owner was aware of prior to the incident.
Additionally, there were no mats or warnings signs to prevent the accident. Also although video surveillance captured the accident, the defendants failed to preserve the video which is a violation once defendants become aware that litigation may occur.
When the slip and fall victim came to our firm, he had pre-accident recommendations for spinal surgery to his cervical and lumbar spine. His longstanding condition, known medically as spinal stenosis, existed throughout his neck and back.
Spinal stenosis pain in the neck and back is called cervical and lumbar spinal stenosis and is a condition which means that there is potential compression of the spinal cord. Unfortunately, the spinal cord compression can lead to serious problems such as extreme weakness, or even paralysis.
Our client exhibited significant weakness in the legs and back and neck prior to the accident. Naturally, the accident did not help his already serious condition. Thankfully, New York Law recognizes an individual’s right to recover sums of money for negligent conduct of individuals and property owners that result in exacerbations of pre-existing conditions, and also for individuals whose previous injuries make them more susceptible to serious injury.
At mediation, Raphaelson & Levine secured a $450,000 slip and fall injury settlement for our client.
$750K Slip & Fall Trial Verdict
Raphaelson & Levine recently represented a man who injured his neck and back after a slip and fall accident at a rental premise during the winter.
The defendant, a New York landlord, hired a meteorologist to testify that freezing rain was actively falling at the time of the accident and had been for an hour and a half leading up to the accident. They argued that they were not responsible for our client’s fall since New York law states that they are not responsible to remove snow and ice during a “storm in progress.”
The day before trial was set to begin, the defendant offered an initial settlement of $125,000, however, while negotiations were still ongoing, they withdrew their offer and said they wanted to try the case.
Without the need of a meteorologist, trial attorney Jason Krakower, was able to prove to the jury that the ice that caused our client’s fall was not from the freezing rain that was falling at the time of the accident but rather was from ice that had formed 24-48 hours prior to the accident.
The jury returned a verdict 100% in favor of our client for $750,000, which will provide compensation for his pain and suffering to date as well as pain and suffering he will endure in the future.
$475K Brooklyn Housing Complex Trip & Fall Settlement
$250K Restaurant Trip & Fall Injury
The firm represented one of New York’s boldest, a captain in the New York City Department of Corrections.
Our client had organized a retirement party for a co-worker at a restaurant in Queens. Unbeknownst to him what started as a nice gesture for a colleague, turned into his own premature retirement party.
A metal saddle projected past a door frame creating a toe trap, a tripping hazard. As he was walking through the doorway his toe got stuck, causing his body to be propelled forward down three steps and crashing down on his shoulder. As a result of the fall, the victim’s shoulder was dislocated which ultimately required an arthroscopic surgery.
The restaurant defendant aggressively litigated the case claiming they were not liable. In what can only be described as litigation warfare, successive motions to dismiss the case were made – which at one point, resulted in the case being dismissed.
Our firm refused to back down and battled every step of the way, refusing to deny justice to our client. We successfully moved to reargue the decision and have the matter fully restored by convincing the Supreme Court Justice that they had overlooked important facts.
The case was successfully resolved at a mediation by firm partner Andrew Levine at NAM. The settlement will serve to compensate our client for his tremendous pain and suffering.
$1.75M Staircase Trip & Fall Settlement
We are pleased to report that the firm successfully recovered compensation for a client who was seriously injured when he fell down an entire flight of stairs. He injured his spine and shoulder and required multiple surgeries to minimize and help relieve his pain. The case was settled at the time of Jury Selection in Orange County Supreme Court for the sum of $1.75 million dollars.
Our client was descending a staircase at work when his pants were caught on a nail that was projecting out of the staircase. We established that this nail had existed for a prolonged period and in fact rather than remove the obvious tripping hazards the nail was systematically painted over. Had this nail simple been removed our client would have been able to live his life as he always imagined.
Unfortunately, the nail was not removed and just as he literally tumbled down the stairs his life tumbled out of control filled with years of pain and suffering coupled with prolonged periods of disability.
The firm employed various experts including a structural engineer, an economist, a surgeon and a life care planner to establish the scope of our client’s damages.
Following litigation Andrew Levine, partner at Raphaelson & Levine, said “while we all wish we can turn back time and have entirely prevented this incident, we are hopeful that this resolution can help provide our client and his family with much deserved meaningful financial relief from this unfortunate event.”
$85K Chinatown Slip & Fall Injury
Our firm represented a woman who was shopping in Chinatown when she slipped and fell. The store she was shopping in had scattered cardboard boxes on the floor to absorb rainwater.
New York personal injury lawyer Howard Raphaelson successfully argued that the store acted improperly and should have had rubber rain mats that were secured to the floor.
The firm’s client slipped and fell when the cardboard boxes shifted. She sustained a meniscal tear in her knee that required conservative medical care. Raphaelson earned our client an $85,000 slip and fall accident settlement on behalf of our client.
$75K Slip and Fall
Our client was visiting a building in Bronx County. As she was leaving she slipped on a wet step. Our client claimed that the super had mopped the step and failed to place a wet floor sign. At the deposition, the building representative denied this allegation and claimed that our client did not fall in the building and that the steps were dry. Andrew Levine and Dario Martinez were able to negotiate a $75,000 settlement to compensate our client for her shoulder injury.
$100K Sprained Ankle
Our firm represented a woman who fell to the ground after inhaling noxious fumes. As a result of the fall she sustained an ankle injury. The ultimate diagnosis was a sprained ligament. No surgery was performed. Andrew Levine successfully argued that the Construction Company used an inappropriate sealer leading to the noxious fumes. Andrew also proved that the property owner failed to provide proper ventilation or supervision of the ongoing work. As a result our client received a $100,000 settlement the week before trial in Queens Supreme Court.
$140K Trip & Fall Shoulder Injury
In the first action, Steven Gershowitz represented a woman who tripped and fell in a tree well. The tree well was under repair by an unknown contractor hired by the city at the time. Our client fell to the ground and struck her shoulder. This injury ultimately required surgery. Steven Gershowitz settled this matter during the third day of trial for $140,000. Steven said it is through lawsuits like this one that we will force the city to keep the streets and sidewalks safe for all New Yorkers.
In the second action, Jason Krakower was victorious for a client injured in a motor vehicle accident. Our client who was unseatbelted at the time sustained a shoulder and neck injury. The vehicles involved had no damage at all, and the Defendant had a Biomechanical Expert set to testify that it was impossible for anyone to be hurt in such a minor accident. Jason was still able to secure a substantial settlement during the trial’s second day.
$150K Trip & Fall Broken Knee Settlement
After a trip and fall on a broken curb in New York City resulted in a fractured knee which required surgery, the victim hired Raphaelson & Levine to recover compensation.
Our client did not have any orthopedic follow-up or ongoing medical care over the two years of the litigation. Additionally, the medical reports indicated that our client fell in the street and not on the curb.
If the defendants were able to prove this fact, it would have resulted in no recovery for our client. New York personal injury lawyer Andrew Levine aggressively litigated this matter in New York Supreme Court. Prior to trial, Andrew was able to negotiate a $150,000 trip and fall settlement for our client.
$150K Fall At Coffee Store
Our personal injury lawyers successfully represented a woman who fell at a popular coffee store in Manhattan. Our client forgot there was a step outside the bathroom door and fell to the ground injuring her shoulder. She suffered a fracture in her arm, which did not require surgery and was treated conservatively. The step was not defective and in good condition at the time of the accident. Andrew Levine successfully argued that the presence of the step near a bathroom exit constituted a dangerous condition and violated the New York City Building Code. After extensive litigation, the matter was settled for $150,000.
$156K Slip & Fall Quadriceps Injury
Our client was walking up a driveway that was shared by 13 homes in Brooklyn. Ice had accumulated from an earlier storm and the property owners failed to clear it. As a result, he slipped and fell sustaining a tear to his quadriceps tendon.
The property owners asked the judge to dismiss the lawsuit claiming that our client was solely responsible for the accident. In Kings County Supreme Court, our firm successfully argued on behalf of our client, and the judge denied the motion allowing the matter to proceed.
Personal injury lawyer Howard Raphaelson was able to secure our client an injury settlement of $156,000 during mediation.
$169K Gas Station Trip & Fall
Our firm represented a woman who tripped and fell on a depression in the pavement at a gas station in Brooklyn. Our client did not report the fall, and no one witnessed the accident.
She did not receive medical treatment until the following day. She suffered a broken ankle and was placed in a cast. Our client, unfortunately, passed away due to a breathing condition prior to testifying in the case.
Our firm continued to prosecute the case on the Estate’s behalf. Through aggressive litigation and pretrial discovery, Andrew Levine was able to negotiate a settlement of $169,000.
$650K Pet Store Trip-and-Fall
A 55-year-old woman was shopping at a well known Pet Store in Manhattan. She tripped and fell over a portion of a shelf that was protruding into the shopping aisle. She suffered a shoulder fracture, which required surgical intervention. Andrew Levine and Howard Raphaelson were able to obtain $650,000 at a mediation.
$1.14M Worksite Trip & Fall Verdict
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.
$200K Parking Lot Slip & Fall Injury
At a mediation at NAM NYC we obtained a recovery of 200,000 for a New York woman who slipped and fell, injuring her ankle, in a parking lot while visiting her parents. Our client was visiting family at a townhouse community on the South shore of Long Island New York in Nassau County.
Our firm established that the parking lot was improperly paved and resulted in uneven ins which permitted puddles to form and ultimately freeze when the temperature dropped. We retained weather and engineering experts to establish same.
Six-Figure Costco Slip & Fall Injury
Our firm represented a woman whose Sunday shopping turned into a nightmare at a Long Island Costco. Our client entered an aisle and slipped on a piece of cardboard ironically known as a ‘slip sheet.’ It was our contention that the aisle should have been closed, warnings displayed, verbal warnings given by nearby store employees, and the slip sheet removed before customers entered the store or aisle.
Unfortunately, the ‘slip’ resulted in severe injuries including a badly broken wrist and thumb injury which required extensive surgery. Our firm aggressively litigated this matter in Suffolk County Supreme Court. On the eve of jury selection, we were able to successfully reach a favorable settlement for our client recovering multiple six figures of compensation.