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			MOTOR VEHICLE ACCIDENTS - $1,000,000 - Vehicle struck by on-duty NYC traffic agent; back injury and surgery While driving along W. 34th Street in Manhattan, a man’s vehicle was struck by an on-duty NYC traffic enforcement agent who had made an illegal u-turn. NYC denied that it was negligent, and blamed the other drive for the accident. As a result of the accident, the man sustained a low back injury, requiring surgery. NYC claimed that the man made a good recovery and that he was exaggerating his injuries. After a jury was selected, NYC agreed to pay $1,000,000 to settle this matter. - $883,000 Total Recovery - Ambulette accident results in neck and shoulder surgery 66 year old woman who was working as a home health aide was a passenger in an ambulette which stopped short at a red light. Because the ambulette was not equipped with properly working seatbelt, the woman was thrown from her seat, injuring her head, neck and right shoulder. Ultimately, this woman required surgery on her neck and right shoulder. Throughout the litigation, the ambulette company, defense attorney and insurance company vigorously contested liability, as well as the cause, nature and extent of this woman's injuries. After a jury was selected, this matter settled at trial for $750,000. In order to increase her settlement proceeds at no cost to herself (while still retaining the tax-free nature of the settlement), this client placed a portion of her settlement monies into a guaranteed tax-free annuity which pays out over time. The interest on this annuity was also tax-free, which allowed the client to directly recover an additional $133,183. - $740,000 Verdict - Rear-end accident 46 year old man was rear-ended by a livery cab, with the rear of his vehicle sustaining minor damage. As a result of the accident, the man sustained injuries to his neck, shoulder and knees and received medical treatment for several years. No surgery was performed. In attempting to defense this matter with experts in orthopedics, neurology, radiology and biomechanical engineering, the insurance company claimed that the man's condition was degenerative (age-related), could not have been sustained in this accident and were due to an accident which had occurred eleven years before the subject accident. The matter proceeded to trial, where Mr. Kauffman vigorously cross-examined defendants' experts. After summations, a unanimous jury returned a verdict for $740,000. - $510,000 Total Recovery - Young boy struck by vehicle, fractured hip, no surgery 5 year old boy crossing street was struck by a vehicle, sustaining simple fracture of the iliac (the “hands on your hip bone”) and bulging discs in his low back. No surgery was required. The vehicle’s driver claimed that this boy had run out in the middle of the street. Because the insurance company was not reasonable, this matter was prepared for trial. One week before trial, the parties agreed to a $224,000 settlement at mediation before a highly respected judge. In order to maximize the young boy’s financial recovery, the settlement monies were placed into a structured settlement, which provided a total payout to the boy of over $432,000. - $500,000 Total Recovery - Motor vehicle accident with rental car results in shoulder surgery 59 year old woman who was driving a motor vehicle was cut off by a rental car agency employee’s SUV which was changing lanes. As a result of the accident, this woman sustained injuries to her neck and both shoulders, and subsequently underwent surgery on her non-dominant left shoulder. Throughout the litigation, the insurance company made a series of low-ball settlement offers, all of which were rejected. Finally, one day before, the insurance company agreed to pay $475,000 in settlement for the injuries sustained in the accident. In order to increase her settlement proceeds at no cost to herself (while still retaining the tax-free nature of the settlement), this client placed a portion of her settlement monies into a guaranteed tax-free annuity which pays out over time. The interest paid on this annuity was also tax-free, which allowed the client to directly recover an additional guaranteed and tax-free $25,000. - $465,000 - Accident causes broken neck; multiple insurance policies pay settlement 17 year old was front seat passenger in father’s case, which was rear-ended by another vehicle. As a result of the accident, the young man sustained a broken neck and required surgery. After the court determined that the other driver was fully responsible for the accident, the insurance company promptly surrendered its $100,000 policy. Thereafter, Kauffman was able to get the client’s own insurance company to surrender the maximum coverage of $150,000 from one policy, as well as an additional $215,000 from an additional $250,000 policy. - $453,000 Total Recovery - Restaurant customer struck by vehicle Customer in fast food restaurant was struck by a rental car which crashed through the glass facade of the premises. As a result of the accident, the man sustained injuries to the knee and ankle, as well as the low back. Subsequently, this client required surgery on his knee and ankle. Prior to trial, this matter was heard by an independent mediator, who recommended a settlement of $450,000. After the insurance company offered merely $150,000, same was rejected and this matter was properly and aggressively prepared for trial. At trial, a jury awarded $425,000. Because it had been previously determined that the rental car's driver was fully responsible for the accident, the client recovered an additional $28,000, brining the total recovery to $453,000. - $425,000 - Man’s car hit by NYC sanitation truck While client was driving along a street, a NYC sanitation vehicle pulled into the roadway and struck his vehicle. NYC claimed that the man tried to speed by the sanitation truck so as not to get stuck behind it. Subsequently, the client had two surgeries on his left knee and two on his left shoulder. NYC argued that the man had previous lawsuits and injuries to his left knee and left shoulder, and that the accident caused extremely minor property damage and could not have caused injuries which required the surgeries performed. NYC also suggested that because of pre-accident criminal history and convictions, the client had significant credibility issues. - $425,000 - Woman with pre-existing neck injury in accident, required surgery Middle-aged woman with pre-existing neck injury was involved in accident. Other driver claimed that the accident was this woman’s fault. As a result of the accident, the woman asserted that the accident aggravated her pre-existing neck injury and ultimately required surgery. However, the defense lawyers argued that surgery had been recommended by this woman’s doctor just prior to the accident, and that the accident did not worsen her condition. The parties agreed to settle the matter for $425,000. - $400,000 - Passenger injured getting off NYCTA bus at unsafe location, fracturing ankle Woman alleged NYCTA bus stopped far from the curb and at an unsafe area of roadway. In getting off bus, woman stepped in an area of gouged roadway and fractured her ankle. NYCTA argued that its driver stopped at the curb, there was nothing wrong with the roadway, and that the woman’s accident occurred on the sidewalk due to her own negligence. At trial, Kauffman argued that NYCTA’s own witnesses and documents were entirely inconsistent and contradicted its position, and that defense simply was not credible. As a result of the accident, the woman sustained a fractured ankle. However, due to the development of fracture blisters, she was unable to undergo the recommended surgery. At trial, a unanimous jury held NYCTA 100% responsible for the accident and awarded this woman money to compensate her for her injuries. The total award was finalized at $400,000 for her pain and suffering. - $323,000 Total Recovery - Collision with oil truck results in shoulder surgery 36 year old Ecuadorian man was driver of a vehicle involved in an accident with an oil truck on the Brooklyn-Queens Expressway. Each driver claimed that the other driver was driving negligently, and tried to cut in front of the other’s vehicle. As a result of the accident, client sustained neck, back and shoulder injuries, and underwent shoulder surgery thereafter. The defendants’ insurance company claimed that client’s shoulder injuries pre-dated the accident date, and relied upon two prior accidents in which client was involved, both causing shoulder injuries. After insurance company failed to offer reasonable settlement monies, matter proceeded to trial. During the trial, and immediately before a jury verdict on liability, the insurance company offered $300,000 to settle the matter. In order to increase his tax-free settlement, the client chose to place a portion of his settlement monies into a guaranteed annuity which pays out over time. Accordingly, the client recovered an additional $23,000. - $300,000 - Pedestrian hit by car, fractured ankle While woman was walking in crosswalk, she was struck by a car making a left turn. The driver of the other vehicle claimed that the woman was not in the crosswalk. As a result of the accident, the woman sustained a fractured ankle which required surgery. Before depositions, the insurance company surrendered its full $300,000 policy. - $300,000 - Truck rear-ends NYC corrections officer, requiring shoulder surgery 38 year old New York City Corrections Officer was rearended by a truck on the Brooklyn-Queens Expressway, resulting in neck, back and left shoulder injuries. As a result of the accident, client underwent shoulder surgery two years after the accident. In order to push the case aggressively, Mr. Kauffman requested that the court declare the defendants solely responsible as a matter of law for the accident, and the court agreed. The defendants’ insurance company argued that client never missed a day of work from his demanding job, and that the surgery was unrelated to the accident. Although the court’s assigned mediator stated that the case wasn’t worth more than $150,000, Mr. Kauffman and the client felt otherwise, and the case proceeded to trial. During trial, after a jury was selected and immediately before opening statements, the insurance company agreed to settle the case for $300,000. - $290,000 Total Recovery - Passenger sustains rib and neck fractures, requiring surgery 45 year old female passenger was struck by car attempting to make left hand turn. As a result of the accident, this woman sustained fractured ribs and a possible minor fracture of a cervical vertebrae, requiring a short hospitalization and no surgery. After a brief period of physical therapy, this woman thankfully made a full recovery from her injuries. After one insurance company agreed to surrender its full $25,000 policy, the other insurance company agreed to surrender $245,000, for a total of $270,000. However, because the client agreed to place a portion of her settlement monies in a guaranteed tax-free investment (an annuity, or structured settlement), she recovered an additional $20,000. - $290,000 - Motor vehicle accident results in shoulder surgery A woman sustained neck and shoulder injuries in a motor vehicle accident, resulting in shoulder surgery. The insurance company took the position that the woman’s neck injuries were pre-existing, as she had previous neck fusion surgery before the accident. The settlement offer was completely inadequate. Accordingly, the matter proceeded to trial, where a unanimous jury not only found that the defendant was 100% responsible for the accident, but also awarded the client $290,000 for her injuries. - $275,000 - Disabled passenger injured in ambulette, requiring shoulder surgery 64 year old disabled woman was injured when the ambulette transporting her from physical therapy rear-ended another vehicle, resulting in shoulder injury, with subsequent shoulder surgery. Insurance company for other side claimed that client did not sustain a serious injury under the law. Prior to trial, the insurance company finally agreed to settle matter for $275,000. - $250,000 Total Recovery - Elderly woman struck by car, custained injuries to left wrist & shoulder (no surgery) A 71 year old woman was crossing the street when she was struck by a car, sustaining a fractured left wrist and torn rotator cuff of the left shoulder. The insurance company’s own orthopedic expert concluded that this woman’s injuries were due to the accident and permanent. Accordingly, Mr. Kauffman demanded that the driver’s full insurance policy ($100,000) be surrendered. However, even after the Court determined that the driver was fully responsible for the accident, the insurance company unreasonably offered merely $20,000 prior to trial. When Mr. Kauffman gave the insurance company one last attempt to settle this matter for the $100,000 policy limits at trial, it stubbornly refused. At trial, and despite his own documented findings in his own sworn report, the insurance company’s hired doctor now attempted to tell the jury that the woman made an excellent recovery and that her left shoulder injury was completely unrelated to the accident. Seeing through this charade, a jury in Westchester (considered to be an extremely difficult venue to win a case) awarded this injured woman $225,000. Because the Court had previously decided that the accident was solely the fault of the driver, this woman also received 9% interest on the jury’s verdict, making the total recovery approximately $250,000. The insurance company then asked the Court to decrease the jury’s award. At Mr. Kauffman’s urging, the Court denied this request and the case then settled. Because of their actions, the insurance company agreed to pay the entire settlement, rather than asking their insured for a single dime. Lesson learned: When an insurance company makes an unreasonable settlement offer, Mr. Kauffman will always advise his client to reject this figure and have a jury decide the case. - $220,000 Total Recovery - Motorcyclist injured in car accident Young man on a motorcycle struck by a vehicle which had made a left turn in front of the motorcycle. In attempting to defend this matter, the insurance company claimed that the motorcyclist was somehow to blame. As a result of the accident, this man sustained a knee laceration which required surgery due to infection. Throughout the course of the litigation, the defense insurance company maintained a series of low-ball settlement offers, all of which were rejected by the client, upon Mr. Kauffman's advice. One week before trial, this matter was heard by an independent mediator. Because this case was properly and aggressively prepared for mediation and the upcoming trial, after extensive settlement negotiations, the insurance company eventually extended a final settlement offer of $220,000. Because this matter was venued in Westchester (a difficult county for personal injury cases), the result was considered to be especially advantageous. - $215,000 - On-duty NYC police office sustains shoulder injury While on-duty, a NYC police officer’s vehicle was struck by a U-Haul which was making a left turn from the right lane. The U-Haul’s driver claimed that he was in the left lane, but that the police car was traveling in the bike lane. As a result of the accident, the police officer sustained a shoulder injury. Kauffman, who has frequently represented numerous police officers for decades, was able to successfully negotiate an amicable settlement. - $200,000 - Pedestrians stuck by car; knee injuries As two gentlemen in their 60s were crossing the street, a vehicle making a left turn onto the roadway struck them. As a result of the accident, each man sustained injury to his respective knees, with one of the men requiring arthroscopic surgery. After the driver’s insurance company and defense lawyers initially refused to admit fault, Mr. Kauffman successfully moved for the Court to determine that defendant was fully at fault for the accident. However, thereafter, the insurance company refused to make reasonable settlement offers. Accordingly, Mr. Kauffman prepared for trial, eventually compelling the insurance carrier to surrender its full policy limits, with each client receiving the individual policy limits of $100,000 for his injuries. - $180,000 - Driver injured when another driver blacked out, causing collision 38 year old man was stopped at a stop sign when his vehicle was crashed into by another vehicle going through intersection. The other driver claimed that because he had suddenly blacked out without prior warning, he was not legally responsible for the accident. As a result of the accident, client sustained lacerations to his left cheek and a fractured scapula. No surgery was required for his scapula and the client treated on only three occasions with an orthopedist. After the matter was prepared for trial, the insurance company finally increased their pre-trial $75,000 offer to meet Mr. Kauffman's $180,000 demand. - $150,000 - Bicyclist struck by NYC police scooter; wrist injury While bicycling in Central Park, a man was involved in an accident when a NYC police scooter cut him off, throwing him to the roadway. NYC denied having cut off the bicyclist and claimed that the man was at fault for the accident. As a result of the accident, the man injured his wrist and required surgery. NYC argued that he made an excellent recovery from his injury. - $141,875 Verdict/Total Recovery - Rear-end accident 37 year old man was a passenger in a car which was rear-ended by another vehicle. As a result of the accident, the man sustained injuries to his neck and back. No surgery was performed or recommended. In attempting to defense this matter with experts in orthopedics, neurology and radiology, the insurance company claimed that the man's condition was degenerative (age-related) and were not sustained in this accident. After the matter proceeded to trial, a unanimous jury returned a verdict for $125,000. As the court had previously granted Mr. Kauffman's request to hold the other vehicle fully responsible for the accident, an additional $16,875 (9%) in interest was added to the jury's verdict, resulting in a total recovery of $141,875. - $127,000 - After entering the Lincoln Tunnel, a New Jersey Transit bus rear-ended another New Jersey Transit bus As a result of the accident, a male bus passenger who had been sleeping sustained a broken nose and a knee injury. Following the accident, this man followed up with an orthopedist on two occasions, and an ENT specialist also on two occasions. No surgery was performed. After a series of low-ball offers were rejected, Kauffman cross-examined the defendants’ own orthopedist, after which the insurance company finally agreed to settle this matter for $127,000 on the day trial was scheduled to begin. - $100,000 - Driver sustained shoulder injury; no surgery As a woman was entering the intersection with the right of way, another vehicle ran a stop sign and struck the other vehicle. As a result of the accident, this woman sustained a partial tear of one of the four tendons which comprise the shoulder’s rotator cuff. No surgery was performed. After initially refusing to admit its driver was fully at fault for the accident, the insurance company finally conceded liability. However, the insurance company insisted that this woman did not sustain injuries in the accident, and that she was perfectly fine. At trial, the jury awarded $100,000 for her injuries. - $100,000 Total Recovery - On-duty New York City police officer struck by vehicle While on duty at a police checkpoint, a police officer was struck by a vehicle, sustaining a fracture of the lower leg. No surgery was required. Shortly after retaining Mr. Kauffman, this client was able to resolve his matter for the full $50,000 policy of the car which struck him, and thereafter recovered an additional $50,000 (the policy limits) from his own insurance carrier. - $70,000 - NYPD emergency vehicle struck woman’s car, two broken ribs While entering intersection with green light, woman’s car was struck by NYPD emergency vehicle which had entered intersection against a red light with its lights and sirens on. As a result of the accident, this woman sustained two broken ribs. Because the NYPD vehicle was en route to an emergency, the law required proof that NYPD was not just negligent, but actually reckless in causing the accident. This heightened standard made this case one of the more difficult cases to win. However, Kauffman argued that the NYPD was not entitled to this defense because there was no true documented emergency, and also asserted that the photographs of the car damage suggested that the NYPD vehicle entered the intersection at a high rate of speed and was reckless in doing so. After preparing this matter for trial, NYC eventually agreed to pay $70,000 to settle this matter. - $65,000 - Pre-existing back injury aggravated by subsequent accident A New York City school teacher was involved in an accident, which caused back injuries. The insurance company took the position that this woman did not sustain a serious injury under the law, as she had sustained a herniated disc in a previous accident. At trial, a jury found that this school teacher sustained a serious injury under the law, and awarded her $65,000 for her injuries. - $40,000 - NYCTA bus driver closes door on woman’s wrist but refuses to settle Woman was attempting to board a New York City Transit Authority bus in Queens, when the bus driver closed the door on her wrist. NYCTA claimed that the accident never occurred, and pointed to the fact that it was never reported. In view of this position, NYCTA refused to make any settlement offer. The matter proceeded to trial. During the liability trial, a unanimous jury required only one hour to determine not only that the accident occurred, but that it was wholly due to the negligence of NYCTA. Immediately thereafter, NYCTA agreed to settle the matter. PAST RESULTS DO NOT GUARANTEE SIMILAR RESULTS Back to Verdicts Page