The Hoboken Path train station is a busy place during rush hour. Everyone knows this, especially the Port Authority. When Port authority found a hole at the bottom of a stairway, rather than fix it, they put a thin metal plate over the hole without securing to the ground. When our client stepped on it, the metal plate slipped out causing him to fall on to both knees, tearing the quadriceps in both legs. Multiple surgeries were required and our client now requires a cane to walk. Had the Port Authority properly secured the metal plate, the fall never would have happened. The Port Authority agreed to settle the case just before jury selection for $1,625,000. Case was handled by partners Andrew Finkelstein and David Gross.
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.*
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.
On a cool November afternoon, our client was walking her dog on the side of a road when a car left the roadway far enough for their side view mirror to strike her and knock her to the ground. The car drove off. Our client never saw it coming. While the dog was not hurt, our client was knocked out. When she came to, she was not sure what happened and crawled to a nearby house. An ambulance was called and she spent 14 days in the hospital. The reckless, distracted driver thought she may have hit something and after she arrived at her location, she noticed some damage to her rear view mirror. Fortunately, she called the police and confessed. Our 53-year-old client suffered a significant but to her head, broken bones in her back and a traumatic brain injury (TBI). After collecting the limited amount of available insurance from the car that hit her, we filed an underinsurance claim against our clients own insurance company. Fortunately, she had purchased the right to pursue compensation from her own car insurance if the car that caused her injury had less insurance than her. Partners Elyssa Fried-DeRosa and Ken Fromson handled the case and obtained a total settlement of $850,000
Just outside the West Point gates in the Town of Highland a 21-year-old ignored the stop sign and entered the intersection. He told the police he thought the van he crashed into had a stop sign and he just entered the intersection without even slowing. He was ticketed for failing to yield the right of way. The van was being driven by our 35-year-old client, who was a driver for Occupations, Inc. The force of the crash caused his head to snap forward and back, resulting in damage to his neck. Eventually, our client needed a surgery to repair a damaged disc in his neck. At trial, the insurance company's lawyer originally claimed the neck injury was not from the crash. Senior Trial Partner George Levy proved otherwise. Our client's treating doctor, a life care planner and an economist were called as expert witnesses. The case was settled just as closing arguments were about to be made to an Orange County Jury. Managing Attorney Melody Gregory assisted throughout the trial.
Janitorial service companies must require their janitors prominently place cones outside bathroom doors when they choose to mop floors in the middle of the day. When janitors are not provided with cones and they mop tile bathroom floors, they create a trap for unsuspecting people simply waiting to use the bathroom. That is exactly what happened at an office building located at 830 Third Avenue in New York City. When our client walked into the bathroom at work, there were no cones or warnings that the bathroom floor had just been mopped. On her second step into the bathroom, her foot slipped out, causing her to fall on her side. The fall resulted in her breaking her upper arm and she needed surgery. Initially, she hired a New York City personal injury law firm who seemed to be dragging their feet, so she hired Finkelstein & Partners to take over the case. Once we did, we started the lawsuit in Manhattan against the janitorial service company right away. After deposing the janitor who had just mopped the floor that day and learning he was not provided with the cones necessary to warn people, the insurance company asked to mediate the case. Ultimately the case settled at a mediation for $450,000. Managing Attorney David Gross and Trial Attorney Sharon Scanlon handled the case.
A Dutchess County nursing home was understaffed. As a result, the residents' medical needs were neglected. Our client was a resident of the nursing home because her dementia became too much for her children to care for her. The nursing home failed to make sure she was properly hydrated and delayed getting her to the hospital. After obtaining the nursing home records, our experts were able to show how the nursing home failed to properly care for their residents due to being short staffed. The case was ultimately settled for $205,000. Partner Mary Ellen Wright handled the case.
While fighting prostate cancer, our 85-year-old client became too weak to remain home during his care. His son and daughter made the difficult choice to temporarily move him to a Capital District nursing home. Unfortunately, they did not know the nursing home was understaffed and their Dad’s care was being neglected. There simply were not enough certified nursing assistants to regularly turn and re-position him and he developed a sacral bedsore. What made it worse is the nursing home hid the injury from our client's son and daughter. The bedsore got so bad our client had to be hospitalized. The hospital staff told our client's children, who hired Finkelstein & Partners, to hold the nursing home accountable. Ultimately, the nursing home agreed to settle the case for $400,000. The case was handled by Partner Mary Ellen Wright and Managing Partner Andrew Finkelstein.
While expanding a college campus, the college failed to provide a safe place to work for a union ironworker. The ironworker fell 15 feet and broke his wrist. The fracture required a pin be placed in the bone to help the healing. Once the bone fully healed the pin was removed. As we were about to request a trial date, the insurance company agreed to pay $235,000. The case was handled by Partner Elyssa Fried De-Rosa and Managing Partner Andrew Finkelstein.
As the car ahead was slowing to enter a Cumberland Farms in Middletown, the car behind was not paying attention and hit the slowing car in the rear, causing it to cross over and strike our client's car head-on. Our client injured his shoulder, which was particularly difficult since he is a professional painter. Fortunately, the arthroscopic surgery he needed for his injuries helped him recover and return to the job he loves. The case was settled for $260,000 by Trial Attorney Chris Camastro prior to trial.
85% of people who suffer a concussion make a full and complete recovery. The other 15% are often called the miserable minority. Unfortunately our client makes up part of the 15% who never fully recover from a concussion after being in a car crash with a distracted driver. After a brief loss of consciousness after the distracted driver hit our client in the rear on Route 9 in Putnam County, he began having memory problems. Gradually, our client started to demonstrate mood and behavioral changes too. His marriage started suffering. His co-workers were helping him more than ever at his job. Everyone saw a major change in his personality and the injury was confirmed by our expert neuropsychologist. The insurance company defense was that our client was a liar, cheat and a fraud. However, the insurance company must not have truly believed in their defense because right before jury selection they offered $500,000 to settle. The case was handled by Managing Attorney David Gross, Trial Partner Ron Rosenkranz and Managing Partner Andrew Finkelstein.