Recent Results



Having won hundreds of thousands of personal injury cases, our experience is proven. In the past fifty years Finkelstein & Partners has obtained verdicts or settlements with awards ranging from $500 thousand to $34 million. While we have established our reputation as the law firm to retain when seeking top-dollar verdicts or settlements from insurance companies, your satisfaction is our primary goal. 

Now in our fifth decade of providing client representation and service, we remain dedicated as ever to fighting for and winning the money you deserve from insurance companies or other responsible parties, 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. 

After litigating a Bronx car crash case against Con Ed for three years and not getting any offers, a Manhattan personal injury firm asked Andrew Finkelstein to help at trial.  The NYC lawyers were concerned because Con Ed conducted surveillance of the client, who had shoulder and spine surgery, showing her walking across the street and grocery shopping.   Several focus groups were conducted and explained how the surveillance did not show the client was exaggerating her injuries at all.  Our client's injuries happened when a Con Ed truck turned left in front of our client's car on East Tremont Avenue in the Bronx.  Trial Partner Michael Feldman told Con Ed we were prepared for trial and the case settled just before jury selection for $2,000,000.
 

In the small Orange County hamlet Deer Park, the police hire part time officers. One of their part time officers also works full time as a corrections officer. The Deer Park police department had no rules or regulations limiting when their officers could work if they had a full time job. The part time police officer had just finished a 12 hour shift as a correction officer and immediately began a six hour shift for the Deer Park police department. The exhausted officer was driving in a Deer Park cruiser at 10:00 at night when he drifted off the road. Walking home from his job in Hugenot on the shoulder of the road was our client. He was unable to get out of the way of the police car. The Deer Park police officer claimed our client jumped in front of his vehicle in an effort to commit suicide because he was an Iraq war veteran who served two tours of duty. Fortunately, the State Police arrived and investigated the crash and found the Deer Park officer struck our client when our client was walking on the shoulder. Knocked unconscious from the impact, our client was air-lifted to Westchester County Medical Center where he was admitted for several days with a traumatic brain injury, a fractured skull and broken bones in his shoulder. Being the fighter that he is, our client worked hard and made a good recovery. The police department refused to accept any responsibility. The case was submitted to binding arbitration and the Judge found the Deer Park police department 100% at fault and awarded a total of $765,000. The case was handled by Managing Partner Andrew Finkelstein, Elyssa Fried and Trial Partner Ron Rosenkranz.

While standing 6 feet up on an 8 foot ladder at a construction site in Goshen, NY, a 52 year old carpenters ladder slipped out because the footings were removed and no tie off was given.  The carpenter seriously injured his shoulder and has been unable to return to work.  Initially, the injured worker filed for Workers’ Compensation through a lawyer in Middletown.  Realizing there was a possible personal injury case, the Workers’ Compensation lawyer suggested the carpenter call our office.   We filed suit claiming a violation of the Labor Law section 240, which requires property owners and general contractors to provide safety devices that protect workers, such as a tie off for the ladder to assure it remains steady and safe for the worker.  Ultimately the Judge agreed with our theory and found that the property owner and general contractor violated Labor Law 240. The case was settled prior to trial by Senior Trial Partner George Levy.

Motorcycle riders have the same rights to the road as anyone else.  Unfortunately, a pick-up driver didn’t think so and pulled out from a stop sign directly in front of our client, who was on his Harley Davidson enjoying a beautiful summer day in Binghamton in Broome County.   Our client, who was retired, tried to avoid the crash by laying down his bike, but the truck kept going and ran him over.  The police issued a ticket to the pick-up driver for failing to yield the right of way.  Not surprisingly, our client had multiple broken bones and required several surgeries.  Initially, the insurance company tried to blame our client for being on a motorcycle and only offered a small portion of the insurance policy.  We let the insurance company know we would not stop until they offered the full amount of the balance of their $1,000,000 policy.  After property damage payments, there was only $979,000 left, which was offered well before trial.  The case was handled by Trial Partner Victoria Lightcap and Managing Partner Andrew Finkelstein. 

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.

It was a clear, sunny day when our client was waiting to turn into a gas station and was hit in the rear by a company van. Since our client was working, he initially hired his Workers’ Compensation lawyer to help him recover both Workers’ Compensation benefits and from the company that caused the crash. After a few months of nothing happening he contacted our office and we replaced the Workers’ Compensation lawyer. We immediately started a lawsuit since our client suffered an aggravation to a prior neck injury. The aggravation was so severe it required a fusion surgery to his spine. After depositions we were able to settle the case for $1,950,000. The case was handled by Managing Partner Andrew Finkelstein and Senior Trial Partner George Levy.

While working as a heating and air conditioning sheet metal mechanic at the Northern Dutchess Hospital in Rhinebeck, our client was installing a break away fire damper in the ceiling. The general contractor was responsible for providing a safety device enabling our client to safety work from a height, but he failed to do so. As a result, our client fell several feet, seriously breaking his heel and ankle. After two surgeries he was never able to return to working from heights again. The case settled after depositions for $750,000 and was handled by Trial Partner Ron Rosenkranz and Managing Partner Andrew Finkelstein.

While riding his Harley Davidson motorcycle on a beautiful fall day in Rome, NY, our client had to slow for traffic ahead of him. A distracted driver behind him didn’t slow at all and hit the motorcycle in the rear, ejecting our client. The crash was so hard that it caused over $13,000 of damage to the bike. Our client, a NYS Corrections Officer was badly hurt. He broke a bone in his low back and had a concussion. The car’s insurance was only $100,000 which we collected. We then pursued the balance from our client's own insurance company because he purchased underinsurance allowing him to pursue additional monies from his own insurance company if a car hit him and carried less insurance than his. After hearing testimony from our client and argument from Trial Partner Victoria Lightcap, an arbitrator issued a verdict of $275,000.

 

 

Two days before Christmas a driver of a Dodge pick-up truck was rushing to find a parking spot at a Hannaford supermarket in Lloyd, Ulster County, to get some last minute groceries for the holidays. It’s dark and raining. The driver is looking left and not paying attention to the car in front of him when suddenly the brake lights come on. The pick-up truck driver swerves to the right to go around the car in front. As he does, he doesn’t see the woman walking towards the supermarket. The right side view mirror of the pick-up truck strikes the head of our client, a 60-year-old woman, knocking her unconscious. The pick-up truck driver drives off leaving her on the ground in the rain. After visiting his wife in the hospital, our client’s husband called Finkelstein & Partners because he knew whoever did this to his wife needed to be held responsible. Our law-firm immediately obtained the video surveillance from the supermarket as well as the police report. After identifying the pick-up truck driver we started a lawsuit. Due to the crash our client suffered a mild traumatic brain injury that resulted in her losing her sense of smell and partial loss of sense of taste. The insurance company for the pick up driver initially didn’t believe our client and offered only $100,000. That all changed once we sent the reports from our experts that clearly showed the mTBI caused a confirmed lack of smell and taste. Rather than proceed to trial in Ulster County the insurance company agreed to settle the case for $1,150,000. The case was handled by partners Andrew Finkelstein, Kenneth Fromson and David Gross.

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