Many of our verdicts and settlements were published in New York Jury Verdict Review & Analysis by Jury Verdict Review Publications, Inc. which states they provide “unique trial analysis of effective proofs, techniques, and strategies used by the winning attorneys in the reported cases.” See some of our results below.
Recent settlements and verdicts listed by TopVerdict.com (see the cases below):
- 30th in the Top 50 largest motor vehicle settlements in New York State 2017
- 43rd in the Top 50 largest motor vehicle jury verdicts at trial in New York State 2017
- 48th in the Top 50 largest motor vehicle jury verdicts at trial in New York State 2017
- 79th in the Top 100 largest personal injury settlements in New York State 2017
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- 1 Examples of Some of Our NY Settlements & Verdicts
- 1.1 ABOVE THE POLICY LIMIT
- 1.2 CLIENTS WITH PRIOR / PREEXISTING INJURIES
- 1.3 CLIENTS WHO WERE AT FAULT
- 1.4 CLIENTS WHO WERE TURNED AWAY BY OTHER LAWYERS
- 1.5 CLIENTS WHO STARTED WITH ANOTHER LAWYER
- 1.6 CONCUSSIONS
- 1.7 OTHER INJURIES
- 1.8 SCARS
- 1.9 SPRAINS
- 1.10 MOTORCYCLE ACCIDENT SETTLEMENTS & VERDICTS
- 1.11 REVIEWS
Examples of Some of Our NY Settlements & Verdicts
ABOVE THE POLICY LIMIT
$155,000 Settlement — on a $25,000 policy!
This settlement above the policy was recognized by New York Jury Verdict Review & Analysis.
This was a hit and run accident. Our client was riding his motorcycle on the Brooklyn-Queens Expressway when he was struck by a car that fled the scene and was never identified.
We filed a claim against our client’s underinsured coverage (for hit and run accidents) with GEICO. Unfortunately, our client had only $25,000 underinsured coverage but we put the insurance company in a bad position and they were forced to settle for $155,000 which was $130,000 more than his insurance coverage.
You can read more about this motorcycle accident case at our Motorcycle Settlements & Verdicts page.
When Insurance Companies Offer to Pay the Policy Soon After We File Suit
Frequently, we have cases where our client’s injury is clearly worth more than the insurance policy but the insurance company refuses to pay. When we file a lawsuit, the next day the case is reassigned to a new claims representative who offers to pay the entire policy.
When this happens, we will not accept payment of the insurance policy unless the insurance company also pays an additional $210 for the cost of the court index number needed to file the lawsuit and other expenses such as process serving fees which can cost another few hundred dollars. We don’t want our clients to pay $210 out of their settlement for no reason other than the insurance company wanted to see if we would really file a lawsuit.
This is a common practice where insurance companies will not offer the entire policy until a lawsuit is filed because many injury lawyers will not file a lawsuit. We do not tolerate this tactic and in all cases where an offer is made soon after filing a lawsuit, we require the insurance company to pay the expenses or we will continue with the lawsuit.
We forced 21st Century Insurance to pay the $210 court index fee when they frivolously forced us to file a lawsuit.
Our client was removing something from the back of her boyfriend’s SUV when he accidentally closed the liftgate too soon. It cut her face causing a scar. Unfortunately, her boyfriend only had $25,000 insurance and we demanded his insurance company to pay the entire policy.
21st Century Insurance kept asking for more medical records and eventually refused to pay the policy. We fax a letter warning that we would file a lawsuit and we would require that they pay the expense. 21st Century Insurance still refused to pay. The next day, we faxed a copy of the lawsuit papers and the case was assigned to a new claims representative who immediately faxed us a letter offering the policy.
I called the new insurance claims representative and advised that we could not accept payment of the policy unless they reimbursed our client for the $210 court index fee. The claims representative insisted that it was impossible because they were paying the entire policy and there was no more money. I advised that we would continue with the lawsuit and suggested that they pay the money out of their corporate account or deduct it from the first claims representative’s paycheck. 30 minutes later, the claims representative called to say they were paying for the court index fee.
The check below is from 21st Century Insurance in the amount of $210 to reimburse us for the cost of buying a court index number. 21st Century Insurance sent one check for $25,000 and a second check for $210. (Our file #11686)
$465,000 Jury Verdict for Meniscus Tear (Knee injury) — 46 Times More Than the Insurance Company Offered!
Our client was injured in a motorcycle accident in Baldwin when his motorcycle struck the side of a car making a left turn. He had a knee injury consisting of a torn meniscus with arthroscopic surgery.
GEICO, offered only $10,000 to settle! 4 months before trial GEICO offered $20,000 and at trial offered $100,000 which we declined. The insurance policy was $300,000.
GEICO’s attorney argued to the jury that our client caused the accident. GEICO also had 2 orthopedic surgeons and a radiologist to testify that our client did not tear his meniscus.
The jury found the defendant was 100% responsible for causing the accident and issued a verdict of $465,000 for his injury.
The jury verdict came just in time for our client who just had a baby and wanted to buy a house. The money gave him the down payment he needed.
CLIENTS WITH PRIOR / PREEXISTING INJURIES
We’re not afraid of a prior injury. A preexisting injury just makes your pain worse! These are some examples of cases with prior injuries
$1,000,000 Settlement — Neck injury with surgery and a prior surgery
— reported in Jury Verdict Review & Analysis
Our client Catherine B. was injured in a forklift accident in a warehouse store in The Bronx, NY.
Catherine fell backward when struck in the leg by something carried on a high low (Hi-Lo type) forklift. The insurance company initially denied the claim and refused to make a settlement offer arguing that the accident never happened because 1) the warehouse store was closed on Saturday when the accident was alleged to have happened; 2) an accident report was not made until Monday; and 3) the plaintiff was not taken to the hospital by ambulance from the scene but only drove to the hospital later. State Farm insurance believed the injury was caused elsewhere.
We started a lawsuit in NYS Supreme Court. After depositions, we won summary judgment which means that the defendant was found (years before trial) by the judge to be 100% at fault for causing the accident. Winning summary judgment entitled our client to 9% interest.
The Insurance company then argued that the value of the injury was not worth what we were demanding because she had prior neck surgery from a previous accident approximately ten years earlier.
We argued that the prior neck surgery put her in a worse condition than she would have been. She needed a new fusion at the same level.
The warehouse went out of business and there were no assets to go after so we settled the case after depositions for the entire insurance policy of $1,000,000.
$750,000 Settlement — Back injury with surgery and preexisting back pain
Nyda had prior low back pain and was seeing an orthopedic surgeon for 10 years before the car accident. Her last visit to her doctor was two months before the accident. She was struck by a car that ran a red light in the Bronx and re-injured her lower back.
Nyda went to a Bronx accident lawyer who wasn’t really interested and told her to come back after she had some medical treatment and he would consider taking her case at that time. He sent her to a medical clinic she didn’t like. She called us and we took the case. We told her to stop going to the clinic and sent her back to her orthopedic surgeon.
Two years after her accident, she had surgery on her lower back. Allstate insurance company argued that her injuries existed before the accident and were not caused by the accident.
Nyda used her settlement money to buy her dream apartment with this view
$567,000 Verdict — TMJ Injury (Nassau County)
We believe this is a record high jury verdict in Nassau County for a TMJ injury.
Our client was driving a car when she was struck by a Ryder truck in Nassau County. The truck was insured by State Farm.
She had substantial pain from a TMJ injury and had two surgeries. The TMJ (temporomandibular joint) is the joint in your jaw on the side of your face. There are two joints, one on each side, which allows your jaw to open and close.
State Farm’s attorney had a dentist testify at the trial that her TMJ injury was not caused by the accident. He testified her injury was caused by a lack of teeth which had been missing for years, poor dental health, and emotional problems.
The jury wanted to give a verdict of $1.3 million and asked the judge if they could reduce the verdict to $567,000 on the condition that our client receives the money immediately and not over the remainder of her life. Unfortunately, the jury misunderstood the judge’s instructions and thought that the money would be paid over her life.
The judge accepted the verdict at $567,000 and denied the defense attorney’s request to further reduce the verdict.
CLIENTS WHO WERE AT FAULT
$100,000 Settlement — Client was turned down by another lawyer
Derrick O. was riding his bicycle in Brooklyn when he was struck by a car and had serious injuries consisting of a broken facial bone (maxilla), orbital fracture, and dental damage.
Derrick went to a lawyer at the time of his bicycle accident but the attorney didn’t want the case because the police report Indicated he went through a red light. The insurance company denied the claim because of the police report and both a witness and the driver said the bicyclist ran a red light.
Two years later, Derrick needed the permanent teeth for his dental implants but GEICO refused to pay the dental bill under the no-fault benefits and the dentist wouldn’t finish!
Derrick’s dentist felt so bad for him that he called us to see if we could get him paid so he could finish his work and install the permanent teeth. We made GEICO pay for the dental treatment within a couple of weeks and Derrick’s dental work was completed.
But GEICO denied the personal injury claim and said they would pay nothing for pain and suffering. 5 months after we got the case, we forced GEICO to pay the entire $100,000 policy to our client.
CLIENTS WHO WERE TURNED AWAY BY OTHER LAWYERS
$55,000 Settlement — Client was dropped by 2 other law firms!
Insurance Company Offer: $0
Cellino & Barnes Settlement for Their Client: $0
Our settlement: $55,000
Lia slipped on ice near the entrance to a restaurant and injured her knee. There was no video where she fell but a video showed her at the bar having a drink with a date. In the video, she appeared to be having a good time and did not appear to have any pain. She did not report the accident on the night of her injury but she returned the next day to report the accident.
The insurance company for the restaurant refused to settle the case because of the video and because she did not report the accident at the time it happened. The lawyer who Lia had at that time sent her a letter stating that he was not going to continue with the case.
Lia then went to Cellino & Barnes who took the case. But they also dropped the case a year later when they could not settle the case.
Lia then called us. We filed a lawsuit and argued that she wasn’t in pain at the bar because she was drinking and the alcohol masked her pain. We settled the case two years later for $55,000.
$25,000 Settlement — Client was dropped by another law firm
We settled this case for the entire insurance policy of $25,000. Our client lives in the Bronx and was injured in a pedestrian accident in Queens when her foot was run over by a van. She has a scar on her big toe. She went to a well known personal injury lawyer but they did not want to take her case because they said her scar was too small and would not meet the serious injury threshold required for New York car accidents (if the injury does not meet a certain level of seriousness, the case will be thrown out of court).
What happened next is unbelievable! Her lawyer told the insurance company that they were dropping her case because her scar would not meet the serious injury threshold. They told the insurance company that they were dropping the case because she could not legally make a claim!
We took her case immediately. We told the insurance company that we disagreed with the first lawyer. A few months later, the insurance company offered $7,500 which we declined and during the same phone call, they increased the offer to $9,500. We declined that offer as well and that night faxed a letter to the insurance company telling them what our plan was. The next morning, they offered the entire insurance policy of $25,000.
File # 11755
$25,000 Settlement — Client was turned down by another law firm — Bronx
We settled this case for the entire insurance policy of $25,000. Our client was injured in a bicycle accident in the Bronx when he was struck by a car. Our client didn’t think he had a serious injury and no one called the police. The driver gave him his telephone number and left. The next day, our client went to the hospital and found out he had a broken leg. He needed surgery and was hospitalized for over a month.
Our client had the license plate number of the van that hit him but he got the plate number wrong and it was for a different vehicle. We called the driver but he was not cooperating. An investigation located the driver’s insurance information with GEICO. We were able to get GEICO to pay our client the entire $25,000 insurance policy and $50,000 of no-fault coverage.
CLIENTS WHO STARTED WITH ANOTHER LAWYER
$250,000 Settlement — We were the 3rd law firm
— reported in Jury Verdict Review & Analysis and listed by TopVerdict as #30 in the Top Car Accident Settlements in New York State (includes motorcycles) and # 79 in Top 100 Personal Injury Settlements in New York State for 2017
Donna’s top front teeth were damaged in a motorcycle accident. She was riding her Harley from the Southern State Parkway to the Wantagh Parkway when she was hit by an SUV trying to pass her. She needed $16,000 of dental work to restore her smile but she didn’t have the money to pay a dentist.
She hired a motorcycle attorney and asked him to find a dentist to fix her teeth but he was unable to find a dentist to treat her on a lien (when the dentist gets paid at the end of the case).
She hired another accident lawyer but that lawyer was also unable to find a dentist willing to get paid at the end of the case and suggested that she borrow the money from a lawsuit funding company. She didn’t want to do that because after reading the loan papers, she realized the dental bill would have ballooned to $60,000 by the time the case was settled.
She was frantic because she was so embarrassed to go out of the house with her front teeth looking horrible, so she looked for yet another lawyer on the Internet and found our website for motorcycle accidents. We immediately got a well-known Prosthodontist (a specialized dentist) to fix her teeth and restore her smile. She was probably happier after her smile was restored than when we settled her case!
The photo on the left shows her loose and crooked top teeth held in place by a wire when she was taken to Nassau University Medical Center. The photo on the right shows Donna’s confident and beautiful smile after the Prosthodontist did the work for $16,030 which was paid at the end of her case when we settled for $250,000.
We started a lawsuit in NYS Supreme Court and won summary judgment which means that a judgment was issued finding the defendant was 100% at fault for causing the accident and entitling our client to 9% interest.
$25,000 Settlement — 1st Lawyer Didn’t Know What to Do
This case was settled for the entire insurance policy of $25,000. Our client, Kristine, was injured in a pedestrian accident in Yaphank, NY Suffolk County. She was standing in the street talking to someone driving a car. They got into an argument and he began to drive away when he ran over her foot. She screamed and he stopped the car. He drove her to the hospital but on the way to the hospital, she was accusing him of doing it on purpose. Frightened, he disappeared and was nowhere to be found. Kristine just met this guy and didn’t have any information about him other than his name.
Kristine had surgery at Brookhaven Hospital which billed her $35,000!
Kristine went to a well-known personal injury law firm in Holtsville, NY in Suffolk County but they were unable to locate the driver of the car or his insurance company. Then, they committed legal malpractice because they failed to file a claim with MVAIC, a New York State insurance agency for pedestrians hit by cars in a hit and run accident or cars without insurance. They needed to file a claim for no-fault benefits within 30 days and a claim for personal injury within 90 days.
If the law firm in Holtsville had filed the claims in time, MVAIC would have paid up to $50,000 for medical treatment and $25,000 to Kristine for her pain and suffering.
Kristine called me five months after the accident and told me that her lawyer in Holtsville did not want to represent her anymore. I called her lawyer and they were very happy to send me the file.
I found the driver’s mother living in Virginia and, within two days, was able to determine that the driver was back in Virginia with his mother. I got him to cooperate and his insurance company paid Kristine the entire $25,000 insurance policy for her pain and suffering. I was also able to get the $35,000 Brookhaven Hospital bill paid.
$310,000 Settlement — Client’s 1st Lawyer Tried to Settle for $75,000
This was my first case when I started my own law firm!
John V. was injured in a car accident when he was hit in the rear by two cars in Blauvelt, Rockland County, NY.
When I met John, he asked me if I thought $75,000 was a fair settlement for his neck injury. He already had an attorney representing him for his injury from his car accident but was unhappy because his attorney wanted to settle the case for $75,000.
His lawyer sent a letter to the insurance company demanding $125,000 and told him that the insurance company would offer $75,000 which the lawyer recommended taking. John had a copy of the letter from his lawyer; the police accident report showing that he was hit in the rear; and a copy of his medical records.
I told John that I would get him $300,00 and would definitely not recommend a settlement of $75,000 or $125,000.
My friends said I was crazy to take the case because since his first lawyer sent a letter to the insurance company demanding $125,000, that I would never get more than that. I took the case and sent a letter to the insurance company advising that I now represent John and withdrew the demand for the previous lawyer and now demanded $300,000.
Several months later I settled the case for $310,000 which included $290,000 plus the entire $10,000 policy of another car plus $10,000 uninsured coverage his first lawyer wasn’t aware of. His first attorney never even filed an uninsured claim with his insurance company and didn’t file a claim against the car in the middle. When I got the case 2 years after his car accident, it was too late to file an uninsured claim but I filed it anyway and his insurance company didn’t respond in time to deny it.
The total settlement was $310,000 (more than 4 times what his prior lawyer wanted). See the Settlement Demand Letter from the first lawyer and the settlement checks I obtained.
$100,000 Settlement — Client’s 1st Lawyer Couldn’t Settle the Claim
Mark W. was hit in the rear on the Long Island Expressway in Suffolk in a hit & run accident. He had some facial paralysis on one side which looked like Bell’s palsy. Because this was a hit and run accident, Mark had what is known as an uninsured claim against his own insurance company, GEICO.
Mark was frustrated when his attorney was unable to get GEICO to settle his uninsured claim and after mentioning his frustrations to his doctor, his doctor told him to call us.
His original lawyers told us they didn’t know how to prove his facial paralysis was caused by the car accident and that the insurance company GEICO denied the claim because they said it was from Bell’s palsy.
GEICO also initially denied the claim with us also claiming that the injury was Bell’s palsy and not caused by the accident.
Although uninsured claims can be decided by a two-hour arbitration, our client suffered slightly from agoraphobia and did not like going out of the house. He didn’t want to go to arbitration.
We were able to get his insurance company to settle for the entire $100,000 policy without arbitration. Mark was thrilled that he did not have to go to the arbitration.
$1,250,000 Million Settlement — Concussion
A 46-year-old woman was in a minimal impact accident. She did not report headaches until a month after her accident. Her neurologist said the headaches were caused by either early MS or from prior Lyme disease. The insurance company obviously thought this case had problems. The first settlement offer was $50,000. Attorney Robert T. Plevy, Esq. settled the case at trial after picking a jury and before the trial started for $1,250,000.
We know how to spot a brain injury from a concussion, often missed by hospitals which simply send you home telling you to rest. We started BrainInjury911.org to provide information to people with brain injuries.
$100,000 Arbitration Verdict for Torn Ligament in Thumb — 20 Times More Than the Insurance Company Offered!
Our client, Carl M., was offered a settlement of only $5,000 when he was injured in a motorcycle accident in Glen Cove, NY which resulted in a torn ligament in his thumb.
We couldn’t settle this case but GEICO agreed to resolve the case by arbitration. GEICO argued that there was no reason for Carl to put his motorcycle down because the car was stopped in the driveway. The insurance company also argued that Carl had a minor injury.
We arbitrated the case before a retired New York State Supreme Court Judge and proved that the driver of the car was at fault. We obtained $100,000 compensation for our client at arbitration (20 times the settlement offer).
$300,000 Settlement — Achilles Tendon Tear
Steve A. tore his Achilles tendon when stairs collapsed at a house he was buying in Roslyn. The settlement was reached at a mediation conducted by a retired NYS Supreme Court judge.
At the time of the settlement, Steve’s company was renting a building and his landlord raised the rent substantially. I suggested that he use the settlement money to purchase his own building which he did. The mortgage has now been paid off and he owns the building outright.
Mr. Franckel represented me in a personal injury case against two construction contractors. His professional attitude and knowledge guided me through the process and I received a quick and very substantial settlement which I used to buy a building for my company. I recommend him and his firm highly!
$100,000 Settlement — Meniscus Tear (knee injury)
Nanette tore her meniscus in a car accident in Manhattan and had arthroscopic surgery. Her case was settled for the entire $100,000 insurance policy.
Never experienced any kind of trauma in my life until I was in a car accident. I found Mr. Franckel in the yellow pages and it was the best decision I ever made. From the beginning Mr. Franckel was the best. He handled my case with care, confidence & concern. Always being honest and straight forward with me. He is the kind of lawyer you can trust and during my case I always felt at ease because I knew I had the best lawyer representing my interest. To this day I tell all my friends if your ever in a car accident I have the perfect lawyer for you. Thanks Mr. Franckel”
$100,000 Settlement — Meniscus Tear (knee injury)
Myra tore her meniscus in a car accident in the Bronx and had arthroscopic surgery. Her case was settled for the entire $100,000 insurance policy.
I never met a more personable, kind and competent lawyer in my life, Phil was patient, and showed a level of excellence that surpassed any expectation that a person can have when working with an attorney.I personally recommended to Phil over 5-7 family & friends, who needed a lawyer for various reasons.I will always let everyone know that if they ever need an accident lawyer they should call Phil immediately.
These two examples show how valuable scars are and how the value of the scar increases as the scar increases in size and location.
$150,000 Settlement — Scar on forearm without surgery
$25,000 Settlement — Scar inside lip plus a small scar on his leg which was among other previous scars
$16,000 Settlement — Scar inside lip
Lia F. was hit in the rear in a car accident on Long Island and bit her lip causing a tiny pin-point white mark on the inside of her lip (the size of the red dot outlined in purple above). This case was settled without filing a lawsuit.
I was at a red light and another car hit me in the rear. I bit my lower lip on the inside. It healed without any problems and only left a tiny white mark on the inside of my lip. The other car had insurance with State Farm. Phil Franckel settled my case for $16,000. I never expected to get anything more than a couple of hundred dollars.
$7,000 Settlement — Minor Back Sprain Pedestrian Accident
Our client Antonio M. was injured in a pedestrian accident when he was struck by a car in Queens and sustained a lower back sprain. He only had 1 visit to an orthopedic surgeon; 4 visits to a chiropractor and 2 months of physical therapy. The insurance company refused to pay him anything so he called us.
MOTORCYCLE ACCIDENT SETTLEMENTS & VERDICTS
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Founding Partner Phil Franckel, Esq. talks about difficult cases and the HURT911® Personal Injury Dream Team™