Recent Results



In the past 60 years Finkelstein & Partners has consistently obtained thousands of successful verdicts and settlements. The recoveries for our clients are among the highest in the State and our results speak for themselves. Finkelstein & Partners lawyers are Super Lawyers and several are members of the exclusive Multi-Million Dollar Advocates Forum. While we have established our reputation as the law firm to retain for the seriously injured, your satisfaction is our primary goal. 

Now in our seventh decade of providing superior personal client services, we remain dedicated as ever to fighting and winning the money you deserve from insurance companies and holding responsible parties accountable, while preserving your dignity and privacy. 

Please read on for a selection of recent cases of note.*
 

While waiting for his tractor-trailer to be loaded at a warehouse, our client who was a Fed Ex driver was doing paperwork 5 feet from the rear of his truck.  The warehouse in Rockland County had a defective dock-plate and rather than get it fixed, the warehouse worker just stacked heavy boxes on the plate to hold it down.  As the warehouse worker drove his forklift over the dock-plate, the boxes tipped over on to the back of our 62 year old clients leg.  Chronic Regional Pain Syndrome (CRPS) or Reflex Sympathetic Dystrophy (RSD) are very painful conditions that are very difficult to treat.  After trying a series of injections and various pain medications, our client opted to try a spinal cord stimulator.  Unfortunately that did not work too well either and he is left to live in chronic pain.  The case was settled at a mediation by Managing Partner Andrew Finkelstein and Trial Attorney Brian Acard.

In order to effectively tell our client’s story we often use case animations. These customized, lifelike depictions of the events that lead to our client’s injuries allow opposing council, and in some cases jury members/judges, to walk in our client’s shoes and gain a better understanding of how the ordeal unfolded. 

Companies who have salespeople on our roads must take steps to ensure their employees don’t drive distracted. Following a sales call, a company employee was texting and driving the meeting results to her supervisor. While looking down at her phone she crashed into a car waiting to make a left-hand turn, causing that car to cross over and strike our client head-on. Our client suffered catastrophic injuries and will never be able to return to work. The case was ultimately settled prior to trial for $9,250,000 by Managing Partner Andrew Finkelstein and Trial Partner Kenneth Fromson.

The general contractor hired to replace a roof at a Church in Poughkeepsie failed to provide the necessary fall protection to the roofers. While removing slate tiles, our client slipped off the roof and fell 15 feet to the ground. Had there been the appropriate scaffolding or a tie off the injury never would have occurred. We brought a lawsuit claiming the general contractor violated labor law Section 240 that protects all construction workers working at a height. Our client broke his heel and needed surgery. At trial the injured construction worker was awarded monies for his pain and suffering, lost wages, and medical bills. The total awarded was $3,768,087. The case was handled by Managing Partner Andrew Finkelstein and Managing Attorney Melody Gregory.

When our 30-year-old client entered a Bronx hospital with shortness of breath, her Mom thought everything would be fine. Two days later she was dead. The cause of death was Acute Respiratory Distress Syndrome (ARDS), but the hospital never told anyone she had this and she was very healthy when she entered the hospital. Had the hospital performed the standard testing, they would have discovered the timely and been able to save her. Together with co-counsel, a lawsuit was started. After depositions of the doctors and the hospital representatives, the case was settled for $3,250,000. The case was handled by Managing Partner Andrew Finkelstein with co-counsel.

An aide who lives in a group home for mentally disabled fell asleep while driving a resident to a dental visit. The aide crossed the center line and struck another vehicle head-on. The group home resident suffered a broken neck and low back. Surgery was required to rebuild his neck and low back. Eleven months after the initial surgeries one of the screws supporting his lower spine broke. Two more surgeries were required to remove and replace the hardware. The defense attorney argued since there were no lost wages, any award for pain and suffering would not be used for the injured’s benefit given his mental disability. We argued the group home he still lived in was not appropriate housing for someone with spinal injuries. At trial, our expert presented testimony regarding the cost of the group home that specializes in caring for spinal injured people. The case was handled by Managing Partner Andrew Finkelstein and Trial Partner Michael Feldman. During trial the insurance company offered $3,500,000 which was accepted by the guardian of our injured client.

A 23-year-old was driving in Monticello crossed over a double yellow line crashing into our client’s car. The force of the collision caused our client to lose consciousness and break five vertebrae in her low back. Initially, surgery was not required and the fractures were treated with a back brace. As the pain increased, surgery was necessary on her low back. The case was handled by Managing Partner Andrew Finkelstein, Trial Partner Ron Rosenkranz, and Partner Elyssa Fried-DeRosa. They were able to settle the case prior to depositions.

Our client's husband knew her simple same day out-patient New Jersey laser spine surgery went horribly wrong when, rather than walking out of the surgery center she was rushed by ambulance to University Hospital Trauma Center in Newark, NJ. Turns out, the surgeon cut a large vein that carries deoxygenated blood into the heart called the vena cava. The simple surgery turned into a 9-hour operation that required an incision from the bottom of her stomach, up and across her breast just to save her life. Fortunately, the vascular surgeon at the hospital was able to successfully repair the sliced vena cava. The case was handled by Managing Partner Andrew Finkelstein with New Jersey co-counsel. The case was settled prior to trial for $2,300,000.

After getting the call about their Dad being in a coma after being hit by a car, they did not know where to turn.  A good friend told them to call Finkelstein & Partners.  Having made the call to our office, we immediately investigated the scene where the crash happened.  We learned that Route 45 and New Hempstead in Rockland County was adequately lit with no road design defects.  The driver of the car who struck the pedestrian must have been distracted.  The police report confirmed a distracted driver was the cause of the crash.  We immediately sued the driver.  Prior to depositions, the insurance company agreed to offer the full amount of all available insurance coverage.  The case was handled by Managing Partner Andrew Finkelstein, Partner Elyssa Fried-DeRosa and Trial Partner Michael Feldman. 

Andrew G. Finkelstein, managing partner,  and firm partner Kenneth Fromson, obtained a settlement of $12,750,000 for our injured client on the day the jury was to be selected. Our client, a 49 year old truck driver for a retail auto supply store, sustained broken bones in both feet when he stepped off an unprotected edge and fell 10 feet to the warehouse floor while making a delivery. 

As a result of the store being built into the side of a hill, the warehouse, at the rear of the store, is located 10 feet below grade. When making deliveries trucks park against the delivery dock door and the drivers utilize a vertical lift to access the warehouse floor 10 feet below. The elevator-like lift has a safety gate that may only be opened at delivery dock level in order to protect workers from falling. Tragically, the store is known to disable and even remove the safety gate to speed up deliveries - as was the case when our client stepped off the unprotected edge when neither the lift nor the protective safety gate were in place at loading dock level. 

"Workers have the right to expect a safe work environment," said Finkelstein. "Unfortunately, when that right is violated and conditions are unsafe people get hurt and their lives can be changed forever. When that happens, we strive to hold employers accountable and fight for the rights of our clients." 

The resulting broken bones from the fall to the warehouse floor required surgery. Following surgery, the worker developed gangrene in one foot which ultimately required an amputation below the knee. Today he uses a prosthetic device and faces additional surgery on his surviving foot. 

"Our client did not expect to have his life permanently altered by an unsafe work place when he went to work that day," said Fromson. "We helped him navigate the complex legal system and held the auto supply store accountable when they failed to uphold a safe work place for all employees." 

The retailer settled for $12,750,000 at jury selection, avoiding taking the case to court. 

A construction contractor ordered a dumpster for industrial waste during renovations of a Newburgh commercial building, but the garbage company left the dumpster in the public street without cones or warning signs. There were no lights on the road and the dumpster didn’t have any reflectors or markings. The night the dumpster was delivered, our client was on his motorcycle on his way to work at the post office mail sorting plant. He was following a car when, without warning, the car swerved to avoid the dumpster. The motorcyclist also swerved to the left, but his right ankle clipped a metal piece sticking out of the base of the dumpster. Our client suffered a significant broken leg that required two surgeries to repair. Fortunately, he was ultimately able to return to his job at the post office. We sued the garbage company for leaving an unmarked dumpster on an unlit public road. The simple truth is this would never have happened if the dumpster was left on the private property next to the construction site. Ultimately the insurance company agreed to settle for $1,500,000. The case was handled by partners Andrew Finkelstein and Elyssa Fried.

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