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Ernest Holzberg & Associates Verdicts & Settlements

New York City Personal Injury Lawyers

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Results

$500,000 for a Manhattan woman injured while riding her bicycle home from work on Third Avenue. A delivery truck was double-parked, forcing her to ride around it. While she was passing the truck’s cab, it pulled out and knocked her down. The truck left the scene and was never identified. The victim’s serious injuries included a fractured shoulder and several fractured fingers requiring surgery. We made an Uninsured Motorist Claim and brought a lawsuit against the victim’s automobile insurance company, which settled for the full amount of the policy.

$300,000 for a 41 year old Brooklyn motorcyclist who had just passed through an intersection and was unable to avoid a head-on collision with an automobile that partially crossed over the double yellow line. The automobile driver disputed our client’s version of the events, claiming he was in the intersection making a left turn when our client sped through a yellow light and rode into him. Our client suffered injuries to his shoulder as well as a tear of the cartilage in his right wrist which required surgery.

$7 million structured payment for lead poisoning brain injury to a child due to lead-based paint that was peeling and chipping in a Manhattan apartment. Injury to the developing brain of a very young child caused Attention Deficit Disorder, loss of I.Q. points, learning disabilities and hospitalization to remove lead from the child’s blood. The child took Ritalin for ADD. This was a structured settlement with payments for life with a guaranteed minimum of $2.5 million. If the child lives to his full life expectancy, he would receive over $7 million. Present value was $1.2 million.

$575,000 for a Bronx construction worker who sustained a herniated disk in his neck, closed head injury and temporary memory loss at a demolition and remodeling job. The injury when the plaintiff was struck on the head by a support beam that fell through a sheetrock ceiling from the floor above where he was working. The case was resolved at mediation with both the building owner and general contractor contributing to the recovery.

$5 million guaranteed structured payment for a child who suffered brain damage at the age of two months when, after surgery due to premature birth, her breathing tube came out and her brain was deprived of oxygen. The structured settlement for this permanently disabled child provided funds for wheelchair access home alteration and vehicle; payments for life of $23,000 per month and additional monthly payments with 20 years guaranteed in the event of premature death. Present value was $3,750,000.

$1.3 million for a Manhattan woman who sustained a fractured hip when she slipped and fell on a freshly mopped floor inside the Metro North Railroad’s 125th Street Station. During his sworn testimony, a janitor employed by the defendant Metro North admitted that just prior to the fall, he had mopped in a dimly lit area and failed to put out any warning cones or devices because all the available warning devices were in use in other areas of the station. A surgery utilizing titanium plates and screws was required to repair the victim’s hip.

$470,000 for a 49 year old Queens woman was a passenger in her husband's vehicle when it was rear-ended by a yellow cab. She suffered a concussion with memory loss and depression and an aggravation of a migraine headache condition. Despite extensive treatment by a Neurologist, Psychiatrist and a Psychologist, she was unable to continue working. In addition, her husband suffered a loss of consortium. This was a two-part settlement with $100,000 paid by the taxi cab’s insurance company and $370,000 paid by the client’s Supplement Underinsured Motorist’s coverage. This case illustrates why it is a good idea to carry SUM coverage on your vehicle.

$800,000 for two children who suffered lead poisoning causing learning disabilities while living in a city-owned apartment building which the New York City Housing Preservation and Development agency managed and failed to renovate. This case was complicated by the fact that the children were born prematurely and the mother used drugs during pregnancy and the defendants claimed this was the cause of the childrens’ disabilities. However we were able to show through our expert neuropsychologist that the childrens' disabilities were the type caused lead poisoning.

$730,000 for a child who was found to have lead poisoning at the age of five. After lead-based paint was discovered, the landlord used an unqualified contractor to remove the lead and this caused the child’s lead level to go up. This was a structured settlement which provided a college fund, lump sum and monthly payments. Present value was $375,000.

$550,000 for a 56-year-old Bronx delivery truck driver whose vehicle as rear-ended by an 18-wheel tractor trailer on the Long Island Expressway. The defendant tractor trailer claimed our client stopped short causing the accident. However, we obtained independent witness statements indicating that this accident took place in typical LIE stop and go traffic conditions for which the defendant was driving too fast. The client suffered injuries to his neck and back and was never able to return to work.

$400,000 for a laborer who sustained 3rd degree burns on his arms, legs and torso when a crack sealer machine splashed hot asphalt on him due to a malfunction. We brought a product liability suit against the manufacturer and the equipment leasing company which owned the machine and rented it to our client’s employer.

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