While traveling on Route 17 In Sullivan County, a distracted driver smashed into the rear of a car slowing for traffic. The force was so hard the car that was hit in the rear was pushed into the guardrail and flipped. The driver was ejected and killed. Initially, the family went to a local Pine Bush lawyer who does not specialize in injury cases. After realizing the case too was too big for him, the Pine Bush lawyer asked Finkelstein & Partners to help. We filed the necessary paperwork to create an estate and started a lawsuit. The case was eventually settled for all of the available insurance, which was unfortunately only $100,000. The case was handled by Managing Attorney David Akerib.
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.*
Our client was in Wappingers Falls on her way to pick up her daughter from school when she came to a red light at the State Route 9 and Meyers Corner intersection. When the light turned green she entered the intersection and was suddenly struck by another driver who failed to stop at the red light. The driver at fault later admitted he knew the light was red yet still plowed through the busy intersection. Failing to stop at a red light is one of the most dangerous things a driver can do, and often ends in disaster. As a result of the crash, our client suffered painful injuries to her neck and back which eventually required surgery. A team of F&P personal injury lawyers, Managing Attorney David Gross and Trial Attorney Brian Acard, were able to settle this case for the limited amount of insurance available, which unfortunately totaled just $100,000.
After a driver ignored a stop sign in the Orange County hamlet of Deerpark, the car crashed into the passenger side our client’s car. While there was not a huge amount of property damage to the outside of our client’s car, he was bounced around inside the compartment of his car causing more damage to his already injured low back. Unfortunately, a few years earlier our client had another car crash that injured his low back and those injuries required two surgeries to his lumbar spine. This crash aggravated those injuries and caused a new injury to his shoulder. Fortunately, our client purchased $500,000 Underinsurance as part of his car insurance policy. This enabled him to pursue up to $500,000 from his own insurance if the car that caused the crash had less insurance than him. That is exactly what happened. The insurance on the car that blew the stop sign only had $100,000 of insurance. After collecting the full $100,000, we pursued the $400,000 available from our clients own insurance company. Even though he paid his premiums on time and had valid coverage, the insurance company refused to offer anything. According to the insurance contract we had to pursue an arbitration. Trial Partner Nancy Morgan presented a strong case to the arbitrator. An award of $500,000 was made and we were able to collect the additional $400,000 for our client. Managing Attorney David Gross initially worked on the case and made all the necessary filings enabling us to pursue the additional benefits.
The Palisades Parkway is a multi-lane highway utilized by school buses, commuters, big rigs, and motorcyclists. When drivers on busy roads like the Palisades Parkway act recklessly, the consequences can be devastating. Our client was traveling on the Palisades Parkway in Orangetown, New Jersey when she was suddenly side-swiped by a driver attempting to cut into her lane. Our client, a 52-year old small business owner, suffered a serious spinal disk herniation as well as damage to her neck. She knew that she would need sound legal advice and decided to contact our law firm to assist her with the personal injury claims process. Even after months of treatment, the injuries caused in the car crash made it impossible for her to work more than 4-5 hours a day. It was only after surgery to her neck did our client’s pain begin to subside, though she still struggled with radiating pain in her lower back which made completing day-to-day tasks a challenge. Like many individuals in the midst of a personal injury claim, our client was concerned about mounting medical bills and dealing with the insurance companies. Our team of personal injury attorneys and case managers, having handled countless similar auto accident personal injury cases, were able to compassionately provide ongoing support and guidance as she sought treatment. The case was ultimately settled for the full amount of all available insurance, $100,000. The case was handled by Trial Partner Nancy Morgan, Managing Attorney David Gross, and Trial Attorney Chris Camastro.
When a nursing home chooses to understaff their facility, residents are often neglected. The nurse’s aides can only do so much and often residents are not moved often enough and they develop bed sores. That is exactly what happened to our 85-year-old client. Once her family discovered the neglect they called our office. We immediately investigated and our expert confirmed had there was adequate staffing to properly care for all of the residents, the bed sores would not have developed. After starting the lawsuit the nursing home agreed to settle the case for $200,000. The case was handled by Managing Attorney and Registered Nurse Mary Ellen Wright and Trial Attorney Michael Feldman.
Commercial property owners are responsible to keep City of Poughkeepsie sidewalks in front of their building clear of snow and ice. When a 59-year-old woman was walking on a sidewalk that the adjacent property owner chose not to salt or sand, she fell and broke her wrist. The break was so bad, she needed immediate surgery. After being discharged from the hospital, she hired a Poughkeepsie lawyer. Realizing the case involved a serious injury, the lawyer brought Finkelstein and Partners on to the case to help. We immediately investigated and confirmed who the adjacent property owner was and verified it was their responsibility to keep the sidewalk clean. After Trial Attorney Brian Acard conducted depositions of the property owner(s) their insurance company agreed to settle the case for $200,000.
A flat roof on a drug and rehab facility in Columbia County always leaked. The facilities manager told one of the maintenance workers to go on the roof and fix the leak. With his hammer, finishing nails, screws and tarp the maintenance worker made his way to the roof. There was a lot of ice on the roof and the worker slipped and fell off the edge of the roof six feet down to a lower roofline. As a result of the fall, the workers’ injured neck required surgery. The case was settled at mediation by Trial Partner Ken Fromson and Managing Attorney Elizabeth Wolff.
A retired NYC policeman and now a volunteer fireman was riding his motorcycle on a beautiful summer day when an approaching car in the opposite lane turned left directly into his path. The driver of the car failed to put a signal on and our client tried to brake to avoid crashing his bike into the car but he did not have enough time. In the crash, our client broke his ankle in two places and had to undergo surgery to rebuild the joint. Unfortunately, the car only had $25,000 of available insurance. Our office filed a claim with both the car insurance and our client's own motorcycle insurance. Fortunately, our client bought $300,000 worth of Underinsurance when he purchased his motorcycle insurance. We filed for an underinsurance arbitration and just before the hearing we were able to settle the claim for an additional $250,000. The case was handled by trial partner Ken Fromson.
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.