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
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.*
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.
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.
Our client was driving down a busy Connecticut road on a rainy day when he was rear-ended. Instead of focusing on the road and traveling a safe speed/distance from other vehicles, the distracted driver who hit our client was cited for following too closely to our client’s vehicle. The fact that it was raining and the fact there was so much traffic should have been an indication to the other driver to take caution. Unfortunately, that wasn’t the case. Our client’s vehicle was hit with so much impact he suffered excruciating injuries that severely impaired his ability to complete day to day tasks. This case was handled by local counsel in Connecticut and Managing Partner Andrew Finkelstein. The case ultimately settled for $250,000.
When postal truck was delivering mail on Rock Cut Road in Newburgh, the cars behind the mail truck stopped. With no oncoming traffic coming, one car was able to pass the mail truck. The next car stopped behind the mail truck because a car was coming in the opposite lane. Unfortunately, a garbage truck was following too closely and failed to stop, crashing into the stopped car, pushing it into the postal truck. Our Pine Bush client’s neck was injured so badly that she required injections for the pain and ultimately needed surgery. A lawsuit was started by Managing Attorney Elizabeth Wolff and after depositions by Trial Attorney Brian Acard, the case was settled for $475,000.
Our client was severely injured when a Newburgh man backed out of his driveway in such a rush that he didn’t even look behind him. He backed up directly into our client who was parked nearby. Had the other driver taken just a moment to check behind him, as all reasonable and responsible drivers do, the crash never would have happened. Our client sustained debilitating injuries to his neck, shoulder, legs, hips, and hand. His injuries required intensive treatment including shoulder surgery and multiple rounds of physical therapy each week. The driver who caused the crash completely disregarded the safety of others on the road and unfortunately, our client suffered the consequences. This case was handled by Managing Attorney Melody Gregory, one of our Newburgh injury lawyers with more than 40 years’ experience, and Trial Attorney Chris Camastro. The case was ultimately settled for the full amount of all available insurance, $100,000.
On any given morning in the Town of LaGrange there are children along roadways waiting to board school buses, commuters traveling to work, and families carpooling to daily activities. We all depend on one another to drive responsibly and understand there are huge risks in failing to do so. Our client was on Noxon Road in LaGrange when suddenly a distracted driver crossed over into our client’s lane and struck her head on. The impact was so forceful our client’s car was propelled into a nearby pond. Our client survived the crash with a number of serious injuries, including a broken leg, fractured back, and a broken rib. Her leg was so severely broken it required the surgical placement of a rod. Because the driver of the other vehicle chose not to pay attention to the road they put countless individuals at risk and permanently altered our client’s life. Managing Attorney Elyssa Fried-DeRosa was able to obtain the full amount of all available insurance, which unfortunately was only $100,000
A New Jersey long-term rehabilitation facility failed to properly treat pressure ulcers (or bed sores) on a stroke victim who was wheel chair bound. The facility’s failure to properly monitor and assess this resident caused the development and worsening of multiple pressure ulcers on his left heel. The non-healing ulcers ultimately became infected and necessitated an above knee amputation causing significant pain and suffering. The resident was just 76 years old at the time. The nursing home argued a bed sore on the heel is unavoidable. We argued the amputation could have been avoided had the long-term rehabilitation facility properly monitored and treated our client. Injury attorney Jonathon Minkove and Nursing Home abuse attorney Mary Ellen Wright successfully settled this case for $175,000. Our nursing home abuse attorneys are passionate about holding negligent facilities accountable, not only for the sake of our clients but also to prevent future cases of nursing home abuse and neglect.
While driving in New Windsor, Orange County, a distracted driver failed to see the light turn red up ahead. As the car in front of him slowed, he just kept proceeding forward, never hitting his breaks. The car crashed into the rear of the car that was stopping and caused significant damage. Our forty-four year old client never hurt her neck before. Now she was suffering from neck pain that ran into her arms. An MRI confirmed she had a herniated disk in her neck and they required epidural injections. We started a lawsuit to hold the distracted driver accountable. The insurance company paid their full $100,000 policy just before trial. The case was handled by Trial Partner Nancy Morgan and Managing Attorney David Akerib.
Just weeks before their high school graduation, a 17-year-old senior was a passenger in a car driven by another senior in LaGrange, Dutchess county. As the driver took the curve he realized he was going too fast. He couldn’t negotiate the curve and the car left the road striking a fence, overturned and struck a tree. Two weeks later the passenger passed away from internal injuries. Ultimately the insurance company offered the full $250,000 available policy limits. The case was handled by Managing Attorney David Akerib.