Cases of Interest

New York Personal Injury Lawsuit Verdicts & Settlements

$6.3 Million awarded for Canadian Securities Broker killed in Tower 1 collapse

The third highest award by the Special Master to the widow of a Canadian Securities Broker, then living in Manhattan, killed in the collapse of Tower 1 arising out of the events of September 11th, 2001. The clients were married for 4 years and had no children. This case was handled proudly, without fee and without expense to the client, as part of the Trial Lawyers Care program. Mr. Peskin is a founding member and Vice-President of Trial Lawyers Care, Inc.

$4.3 Million obtained for a 4-year-old child and his parents from Turkey

The child came to a well-known hospital in New York City from his native country of Turkey for diagnostic testing. As a result of the test he sustained severe brain injuries due to lack of oxygen while under anesthesia. The unique part of this case is that the child and parents were here on a visitor's visa and spoke almost no English. We obtained extensions on their visa status and while the child remained in the hospital for over one year, the parents were given living accommodations, food allowances and were sent to school to learn English. These items were in addition to the money settlement.

$2.25 Million obtained for a Virginia chef who was electrocuted

The chef working in an exclusive Manhattan restaurant suffered only minor injuries as a result of the burns, however, it was determined that he suffered major brain damage which was not apparent immediately after the accident. The electric shock affected the nerves and cells of the brain so that his short-term memory, sense of taste and smell were destroyed, and his cognitive ability was similarly injured.

$2 Million to Staten Island Male injured in head-on accident

Male native of Richmond County, injured in head-on accident in upstate Sullivan County when defendant lost control of her vehicle and crossed the double yellow line. Defendant is now serving state time for being under the influence of ecstasy.

$1.5 Million to the Michigan parents of a 10 year old child who was killed

as she played in a hotel's spa-whirlpool. The hotel chain has taken the whirlpool in India out of service and has revised its safety code world wide.

$1.5 Million awarded for Queens security guard killed in Tower 2 collapse

Awarded by the Special Master to the first case filed with the Victims Compensation Fund arising out of the events of September 11th, 2001 for a widow and her 2 year old daughter. Her husband, a bank security guard, was killed when Tower 2 collapsed. This case was handled proudly, without fee and without expense to the client, as part of the Trial Lawyers Care program. Mr. Peskin is a founding member of Trial Lawyers Care, Inc.

$1.475 Million awarded to Manhattan woman pinned against the rear bumper of her car as she was unloading the trunk.

The lawsuit is an excellent example of the importance of having sufficient insurance. The plaintiff suffered a partial severance of her leg below the knee. Fortunately the expert medical care that she received saved her leg and she now has complete mobility, but horrific scarring. The offending car had only $100,000 in insurance which was promptly tendered. The plaintiff carried under-insurance of $1.5 Million. The under-insurance company was entitled to a set off for the first $100,000 from the offending car, and then added $1.375 million of its own. Under-Insurance is an inexpensive item on your total auto insurance bill and should be purchased for as much as you can possibly afford. Please see "Automobile Insurance".

$1,325,000 personal injury lawsuit recovery for a Bronx child brain injured at birth

who died at age nine from her injuries due to the obstetrician's failure to recognize fetal distress during her mother's labor and perform a timely cesarean section.

$1.3 Million obtained for a semi retired NY businessman

The man was hit by a NYC bus while crossing on a Manhattan street. He suffered a skull fracture and developed meningitis.

$1.2 Million awarded to Smithtown couple

Residents of Smithtown in Suffolk County were heading home after doing their shopping when their car was struck head on by the driver of a Corvette who missed a curve in the highway and crossed over into plaintiffs' lane of traffic.

$1,137,000.00 plus a waiver of a workers' compensation lien of $250,000.00

was received by a Queens worker whose leg was crushed by a defective compacting dumpster.

$1,100,000 recovery for 22 year old Brooklyn student brought to Emergency Room

with a severe knife wound to his chest. The ER doctors delayed surgical repairs to the wound and when he was finally taken to the surgery he suffered cardiac arrest as a result of excessive bleeding The student suffered permanent brain injury and physical incapacitation because of his uncontrolled bleeding in Emergency Room.

$925,000 recovery for death of 42 year old Brooklyn mother of four

as a result of a failure to timely diagnose colon cancer. Our client was a patient in a clinic whose physicians failed to recognize the significance of her clinical symptoms for almost a year allowing an otherwise operable cancer to spread.

$925,000.00 was received by a Brooklyn construction worker

for injuries resulting from the partial collapse of a building he was working on. Only limited insurance coverage was available.

$900,000 awarded to a 30 year old Westchester school teacher who was driving on Rte 9W

in Rockland County when a drunk driver's Range Rover crossed over the double yellow line and struck her head on. She was required to undergo three surgeries to repair her elbow.

$850,000 recovery for death of a Massapequa, Long Island homemaker

who underwent gastric bypass surgery and developed a post-operative infection which was improperly treated by her surgeon and the hospital.

$750,000 awarded to a Queens woman in personal injury lawsuit settlement

whose wrist was broken when she fell over a defective sidewalk cellar door belonging to an Upper East Side restaurant. The injured woman required five operations and was left with a permanently damaged right hand.

$700,000 obtained by New Jersey elevator mechanic after fall

Awarded after trial but before lawsuit verdict to an elevator mechanic who fell through the roof of an elevator car that he was working on when the escape door on the roof collapsed under him. He suffered a ruptured biceps tendon and a torn rotator cuff in his dominant right arm.

$700,000 awarded to a 6 year old Bronx child suffering from lead poisoning

while a resident of a New York City Housing Authority project. The proceeds of the case is subject to a structured settlement and the income generated for his lifetime will be placed in a Special needs Trust for his exclusive use to further his health and education. He will be allowed to continue to receive governmental entitlements in addition to his income.

$650,000 recovery to the sole surviving adult son of a Brooklyn Elementary School teacher

who died as a result of the hospital's failure to carry out the doctor's orders and of the physician's failure to monitor his patient hospitalized for a blood disorder. The physician initially properly diagnosed her condition and ordered the appropriate treatment, but the hospital failed to follow the doctor's orders for two days. The doctor failed to follow up with the hospital because the delay occurred over a weekend.

$650,000 awarded to 60 year old Brooklyn man who fell from a moving bus

This Brooklyn resident had been standing "in front of the white line" when the door of the bus opened causing him to fall out. Jury returned a verdict on liability in 12 minutes.

$620,000 Medical Malpractice awarded to the sole surviving son [22 years old] of a school teacher

A Virginia college student received an award of $620,000.00 for the death of his mother a beloved Brooklyn elementary school teacher who died as a result of a hospital's failure to carry out the physician's orders and of the physician for failing to follow up on his patient.

$615,000 received on behalf of two young Brooklyn girls

who suffered from lead poisoning while living in a Brooklyn apartment; $90,000 for another child in a Manhattan apartment; a personal injury lawsuit verdict by a jury of $500,000 for another Brooklyn child.

$600,000.00 awarded to an 87 year old Manhattan women struck by a car on Broadway.
Driver denied contact, New York City witnesses proved otherwise.

$550,000 recovery for a Rochester, New York child brain injured at birth

due to failure to perform timely cesarean section. After prolonged, and unattended labor by hospital staff, abnormal fetal heart tracings and indications of the need for an immediate delivery, the obstetrician failed to act in a timely manner.

$530,000 recovery for death of 76 year old Bronx widow mother of two adult sons

due to failure to timely diagnose colon cancer; Plaintiff's internist mis-diagnosed the patient with age related fatigue and prescribed nutrition supplements instead of preforming proper diagnostic testing.

$500,000 recovery for a diabetic Queens accountant

whose doctors failed to discover a tack imbedded in his foot resulting in gangrene and amputation of the foot. Doctors finally discovered the tack after the amputation and only then reviewed the x-rays which clearly showed the tack.

$450,000 recovery for a 37 year old HIV positive and bi-polar New York City woman

who underwent hysterectomy for cervical cancer and suffered vesicovaginal fistula with bladder incontinence for five years requiring multiple surgical repairs.

$450,000 to a Bronx woman who was cut out of her car

after skidding on a rain soaked parkway and into a concrete abutment on the Bronx River Parkway near Boston Post Road. This case required a personal injury lawsuit against the State of New York in the Court of Claims, and another lawsuit against the designers and contractors who had repaved the road

$450,000 awarded in the death of a 70 year old Inwood grandmother

who was killed when struck by a school bus when her foot got caught in a pothole in the crosswalk as she crossed a Manhattan street.

$425,000 for retired Manhattan concert pianist

A retired Manhattan concert pianist was awarded $425,000.00 for her injuries when struck by a car while crossing Broadway in a crosswalk with the light in her favor. Court granted summary judgment on liability when testimony of the police officer placed the client within the crosswalk refuting the statement of the driver that the pedestrian was outside of the crosswalk.

$375,000 awarded to a Maine Truck driver

who was struck by a fork lift while on a Westchester loading dock.

$340,000.00 awarded to a 13 year old Brooklyn child
who was standing in front of his house when he was struck by a bullet fired by a NYC police officer struggling with a suspect a half block from the boy's location.

$300,000 personal injury lawsuit settlement after trial for pizza delivery man

Queens County, pizza delivery man fractured his elbow on an improperly designed step of an apartment building.

$285,000 awarded to a Bensonhurst senior citizen

who was struck while shopping for groceries for a Thanksgiving Dinner by an interstate truck making a delivery to the supermarket.

$250,000 plus the waiver of a $32,000 Workers' Compensation lien awarded to a Brooklyn Restaurant Manager

and an additional $75,500 lump sum payment under Workers' Compensation was the result after a Brooklyn restaurant manager sued the landlord of the building where the restaurant was located for his injuries when he slipped on a wet floor which resulted from a systematic leak in the building's water supply.

$225,000 Harlem Parks Department employee recovers $225,000 after injuring his back on a Staten Island ferry boat

which crashed into a pier at the St. George Terminal.

$210,000.00 was received by a Westchester secretary from her landlord

when the glass in her front door shattered severing a nerve in her wrist.

$200,000 awarded to a 63 year old Greenwich Village bicyclist struck by a car

from behind as he rode to work. The plaintiff needed a total knee replacement.

$200,000 recovery for an experienced long distance Manhattan bicyclist riding in Orange County

when the front wheel of his custom made bicycle went into an uncontrollable shimmy causing him to fall sustaining injuries to his hand and shoulder.

$166,000 obtained after trial for two Upper West Side women

who suffered psychological injuries when the ceiling of a coffee shop collapsed. They were pinned in the rubble for a period of time.

$140,000 awarded by a jury to an unemployed single Brooklyn mother in an intersection accident

Allstate refused to settle the personal injury lawsuit claim for $50,000.

$120,000.00 was received by a Queens pedestrian crossing a Manhattan street

where the curb was improperly constructed.

$100,000.00 Awarded To Injured Brooklyn physician

After a jury verdict finding the defendant driver 100% responsible for the accident, the insurance company paid the full amount of insurance available to the plaintiff who suffered a back injury.

$90,000 New York personal injury lawsuit won for a retired Manhattan telephone operator

whose leg was broken while crossing a Manhattan street.

$50,000.00 received by a Wisconsin pedestrian struck

on a Brooklyn street by an uninsured Florida motorist. Fortunately, the pedestrian had under-insurance coverage on his own automobile in Wisconsin which paid him the policy limits.

The New York personal injury lawsuit attorneys of Tolmage, Peskin, Harris, Falick represents clients in all five boroughs of New York: Manhattan, Staten Island, Queens, Brooklyn and the Bronx, as well as Suffolk County, Nassau County, Westchester County, Rockland County, and the remainder of the State of New York.