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.
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.*
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.
Entering a rest stop off a highway must be done with care. As soon as a driver leaves the highway they must immediately reduce their speed. The Palisades Parkway has a visitor center near the Stony Point exit in Rockland County. A 16-year-old driver entered the visitor center but was driving too fast and crashed into the car that had also just exited. The driver of the car that was struck had no warnings a crash was about to happen. Suddenly, the Con Ed Operating Mechanic’s back was in severe pain. The injury was so significant he needed surgery to his low back. Trial Attorney Chris Camastro was able to get the insurance company to offer the full amount of the available coverage and the case settled for $100,000.
The call every parent dreads…"Your daughter was in a serious car crash with a truck”. After visiting the hospital and unsure of what to do next, the parents of the injured 15-year-old passenger called the lawyer that handled their house closing. Their daughter suffered a mild traumatic brain injury and broke her wrist. After two years, the parents realized the house closing lawyer was out of his league. The trucking company had high powered lawyers and their lawyer was outmatched. That’s when the parents contacted Finkelstein & Partners. Their daughter was now a high school senior. She had always been at the top of her class but had lingering effects from her brain injury. The Neurolaw Trial Group went to work. The case was handled by Managing Partner Andrew Finkelstein and Trial Partner Kenneth Fromson. Even though the injured woman was able to successfully finish high school and graduate NYU, she still had residual effects from her mTBI. The case settled at mediation for $894,000.
A tractor trailer company from Honesdale, PA was hired to transport pallets of salt from New Jersey to Massachusetts. The tractor trailer company never provided safety training to any of their drivers. The tractor trailer company did not provide lane awareness safety equipment in any of their trucks. While driving on Route 84 through Fishkill New York, the tractor trailer driver changed lanes without signaling. Our client was in the left lane and was forced off the road. There the truck pushed the car into the guardrail and drove away. The police eventually caught the truck driver 10 miles down the road. As a result of the crash our 45-year-old client required a surgery to his neck. Fortunately, he was able to return to work and his normal activities. Managing Attorney David Akerib helped Trial Attorney Brian Acard settle the case prior to trial for $295,000.
A large condominium association in Monroe, Orange County, NY agreed to pay $205,000 after we proved the sidewalk was broken up and dangerous for years. Rather than fix the sidewalk, the condominium association chose to leave the dangerous condition for all the families to be at risk. When our 63-year-old client was on her way to catch the bus she tripped and fell over the broken sidewalk, breaking her elbow. She knew the only way the condo association would repair the sidewalk was if she hired a lawyer to hold them accountable. Trial Attorney Brian Acard was able to settle the case prior to trial.