For Sanitation Worker Struck By Van
A 46-year-old sanitation worker was struck by a construction van causing severe leg injuries requiring multiple surgeries. The firm was able to prove that the van driver was 100 percent at fault for causing the accident. Initial settlement offers of one, two, and three million dollars were rejected at mediation. Thereafter, the case settled just prior to jury selection.
For A Local Union 3, IBEW Electrician Injured On A Dangerous Construction Site
For DHL Delivery Person Struck By Forklift At Airport
For Construction Worker Who Fell From A Scaffold
For The Family Of A Construction Worker Killed On An Unsafe Work Site
A 44-year-old laborer performing HVAC duct demolition was caused to fall from an unsecured ladder after the ductwork fell onto him. He struck his head on the ground and passed away the next day without regaining consciousness. He left behind a wife and 2 children. An offer of $1.5 million was rejected at a mediation. The case was eventually settled after a jury was selected. There were issues about how large of a jury award could be upheld in this case. This is because there was little proof that the worker endured conscious pain and suffering, and his tax returns over several years reflected very low earnings. If either of these situations were different, the settlement would have been even larger.
For Sheet Rock Installer Who Fell From A Scaffold
Jury Verdict Awarded To Cancer Patient
Payout For Executive Hit On Cross Island Parkway
Settlement For Surgeon Injured In Car Accident
Settlement For Pedestrian Accident Injuries And Wrongful Death Of 10-year-old Son
The firm helped a Spanish-speaking woman from Queens win a multimillion-dollar settlement after she was injured, and her 10-year old son killed, as she crossed the street at a stoplight while walking the child to school. The defendant's attorneys tried to claim that the plaintiff was partially to blame for the accident, since she testified in her deposition that she did not see the bus coming. Defendant's counsel also tried to claim that the plaintiff was not eligible to be awarded compensation for lost wages. First, since she was currently employed as a nanny making only $250 per week, lost wages would not be significant. Next, the defense reasoned that the $2,500,000 the defendant potentially would have earned as a nurse was trained as a nurse in her native Paraguay) should not be awarded, since the defendant would not realistically be able to find work in this country due to her illegal immigration status, and the fact that she only spoke Spanish. The firm argued successfully against these allegations, and additionally, that the mother will suffer permanent psychological damage from the trauma, allowing the case to settle for $2,000,000 prior to opening statements.
Settlement In Wrongful Death Of 32-Year-Old Mother Of Three
Mark's office was able to help the family of a 32-year-old mother of three in a case against a surgeon and a hospital. In this case the plaintiff went to the emergency room complaining of severe abdominal pain. She was diagnosed with food poisoning and sent home. Two days later she returned and exploratory surgery was performed. A blood clot was found on an artery in the bowel, requiring that the patient have her bowel resectioned, and an ileostomy performed (a procedure to attach a temporary device which allows waste to bypass the reconstructed part of the bowel while it heals). The next day another surgery was performed, the ileostomy removed, and the bowel reconnected. The patient remained hospitalized and required two additional surgeries for bowel obstruction. The patient died about eight weeks after surgery. The plaintiff's husband contended that she should have been admitted the first time she went to the emergency room and that the ileostomy was removed prematurely. The case was settled prior to jury selection.
For Elevator Free Fall Accident
Wrongful Death Settlement For Mother Of Six
Doctor causes surgical complications in medical malpractice case. The firm was able to help the family of a 48-year-old hairdresser recover a sizable award from the doctor who was accused of causing a fatal complication during surgery. While performing abdominal surgery on the plaintiff the surgeon perforated the woman's small intestine. Due to the resulting hole in the woman's intestine the patient developed peritonitis, a serious infection. Despite additional surgery to correct the situation and massive doses of antibiotics, the woman's situation worsened. She developed sepsis, or blood poisoning, and died less than a month after the initial surgery. Despite the surgeon's contention that he was not responsible for the perforation (he maintained that it was a spontaneous event occurring after surgery) and that the plaintiff was suffering from pneumonia and common pelvic inflammatory disease, which instead could have contributed to her death, the case settled for one and a half million dollars.
Recovery For Victim Of Collision At Stop Light
For Construction Laborer Who Fell From A Ladder
For Painter Injured In Fall From Scaffold
Recovery for Iron Worker Falling From Ladder
Cash Settlement For Worker Falling Off Ladder
For Steamfitter After Fall From Plank
In this labor law action litigated by Mark Freeley a 38-year-old steamfitter was awarded $1,000,000 in settlement for falling five feet off a wood plank used in place of scaffolding as he was installing a sprinkler system in Manhattan. The plaintiff sprained both ankles and sustained a chip fracture of one ankle. He was not able to return to work as a steamfitter. The defense argued at trial that the claimant's injuries were minor and pre-existing. At trial it was argued that the contractor was negligent in not providing suitable scaffolding, the plaintiff's injuries were sustained as a result of laboring in this unsafe work environment, and were not pre-existing. The contractor's insurance agent was also found partly responsible for not purchasing the appropriate type of insurance for its client, and therefore paid 25% of the settlement. The case settled before summations at trial, after two weeks of testimony.
Car Accident Victim Receives $925,000 Settlement
This client was a passenger in her friend's vehicle, which was involved in a sideswipe accident with a Fed Ex truck. She underwent arthroscopy for a shoulder tear and eventually microsurgery for a herniated disc in her back. She returned to work for about one (1) year before undergoing back surgery and eventually returned to her position with the Postal Service. Mark Freeley was able to settle her case at mediation prior to trial for $925,000.00.
Settlement For A Fall From A Scaffold
In another Labor Law action litigated by Mark Freeley, a 58-year-old laborer who earned $500 per week fell from a scaffold during construction of a new building. He was caused to fall due to a lack of safety railing on the scaffold, in violation of Labor Law Section 240(1). The client sustained a fracture of his wrist requiring multiple surgeries to correct the fracture.
Settlement For Steamfitter That Slipped And Fell On Construction Site
This labor law action litigated by Mark Freeley was settled at mediation for $700,000 in addition to a waiver of a $90,000 worker's compensation lien. The plaintiff, a 53-year-old steamfitter, slipped and fell in a puddle of water at a construction site. As a result of the fall he re-injured his lower back. Prior to the accident the plaintiff had injured his neck and back and had undergone spine surgery for both. Plaintiff claimed an aggravation of the prior injury requiring an additional surgery. Plaintiff also claimed an inability to work. The defendants claimed that at least half of the plaintiff's disability was due to prior injuries. Defendants also claimed that plaintiff was aware of the puddle and should have avoided it.
Structured Settlement For Boy Attacked By Rottweilers
In a case that settled prior to jury selection, the firm was able to reach a significant settlement in the case of an 11-year-old boy attacked by Rottweilers while playing with friends at a Queens park. The dogs escaped from a nearby yard enclosed by a chain link fence and bit the boy repeatedly about the body. In an intense rescue effort, it took three grown men—including an off-duty police officer—10 minutes to save the boy from the attacking dogs. After nine days of hospitalization and treatment including stitches, tetanus shots, rabies shots, and psychological counseling, the boy remained traumatized and retains a large z-shaped scar. One of the dogs was shot and killed by a police officer at the scene and the other was put to sleep by the ASPCA. The firm was prepared to call witnesses who lived near the defendant and could testify to the violent nature of the dogs. The case settled for a $600,000 structured settlement, ultimately worth $1.3 million. This is one of the largest reported "dog bite" cases in New York.
Settlement For Wrist Fractures Sustained In Motor Vehicle Accident
For Heel Fracture
Mark Freeley was able to settle this fall from a ladder case for $500,000 at mediation. The plaintiff, a painter, fell off an unstable ladder and sustained a calcaneal fracture requiring surgery. Mark litigated this action under the New York State Labor Law Section 240(1), which provides special protection to workers working at a height.
For Leg Fracture In Motor Vehicle Accident
Mark Freeley settled this Suffolk County case at mediation for a cash value of $317,000 and a total payout of about $509,000. Plaintiff claimed that the defendant failed to stop at a stop sign. The defendant claimed he did not have a stop sign and that plaintiff crossed over into his lane. After surgery, the plaintiff's leg healed completely and he was able to return to his same job.