NY Personal Injury Verdicts and Settlements
Over the course of my career, I have recorded verdicts or settlements on hundreds of cases. The value of those cases totals over $100 million. What follows is a sample of the verdicts and settlements that I have achieved for my clients in recent years. In reading these cases, remember that past performance does not guarantee future results. Each case has a unique set of facts and circumstances that will determine the value of that case. I develop a plan for each case based on the facts of that case and I prepare a case assessment for each case that estimates the value for that case.
$1.25 Million for Wrongful Death in Long Island Car Accident (Car Accident Case/Wrongful Death Case)
A successful software entrepreneur and family man was driving home after work when a woman crossed a double yellow line striking him head on and killing the man. The case required extensive investigation and accident reconstruction to demonstrate how the accident occurred and development of the maximum damages allowed under New York’s wrongful death laws. The man’s widow wanted to avoid a trial and we forced a negotiated settlement for the full insurance policy years before a trial would have occurred.
$1 Million Settlement for Emotional Distress Due to Harassment from a Manhattan Landlord (Landlord Negligence)
A tenant organizer and his girlfriend lived in an Upper West Side Manhattan building. The landlord hired men to monitor and harass the plaintiffs. Plaintiffs suffered from stress disorders because of the constant surveillance and verbal altercations. During closing arguments, the defendants agreed to a settlement for a total of $1 million, $500,000 for each plaintiff.
$975,000 Settlement for Passenger in a Car Accident in the Bronx (Car Accident Case)
Ms. Schlitt served as trial counsel for this case. The client was a passenger in a car travelling east on Randall Avenue in the Bronx. When the driver made a left turn on Zerega, the car crashed into a dumpster left in the street. Ms. Schlitt’s client suffered a fracture of his both fibulas, his left ankle and his left humerus, each of which required surgery. The driver of the car admitted liability for his role in the accident, though the dumpster owner denied all responsibility. That defendant filed for summary judgment and appealed that matter to the New York State Court of Appeals, an appeal that Ms. Schlitt argued and won.
At the trial, the attorney for the dumpster company tried to place all the blame on the driver of the car, but Ms. Schlitt used a combination of testimony, evidence, research into New York City Highway and Transportation regulations and a strong opening and closing argument to prove the dumpster company liable. A jury agreed with Ms. Schlitt and held the dumpster company responsible for 75 percent of the liability, making them primarily responsible for the accident. With the verdict on liability made by the jury, Ms. Schlitt separately negotiated a settlement for damages of $975,000.
$970,000 Settlement for Failure to Diagnose in Nassau County (Medical Malpractice Case)
A fifty year-old man went to his internist seeking assistance in losing weight. The internist put him on phentermine, a weight loss drug to be used for no more than eight weeks. The physician kept the patient on the drug for two years and failed to monitor his cardiac, circulatory or pulmonary functions despite warnings that this drug could affect those functions. The patient grew ill due to pulmonary hypertension and right ventricular heart failure and returned to see his physician. The covering physician failed to order even basic tests and failed to detect these life-threatening disorders. As a result, the patient’s condition worsened until taken to the hospital where he suffered complete pulmonary failure and nearly died. Under the treatment of new physicians, the patient has recovered. The defense in the medical malpractice case tried to blame the patient and the matter went to trial. Ms. Schlitt built her case against both doctors, demonstrating that basic tests and examinations would have detected and prevented the patient’s near fatal condition. The defense opted to settle before jury deliberations. The defending physicians paid a combined settlement of $970,000.
$800,000 Verdict for Car Accident Victim in the Bronx (Motor Vehicle Accident Case)
On a bright sunny day, a Ford van heading south on the Bronx River Parkway collided with a construction truck, careened across three lanes and struck a passenger van in the right hand lane. Ms. Schlitt’s client – a passenger in the second van – suffered significant injuries to his back and neck. Ms. Schlitt proved that both the driver of the Ford Van that struck the passenger van and the construction company bore responsibility for the accident. The jury verdict awarded the client $800,000.
$625,000 for Wrongful Death in Queens Nursing Home Case (Medical Malpractice/Wrongful Death Case)
A woman suffered a stroke in a hospital and her family moved her to a nursing home for long term care. Within a day of arriving at the nursing home, she died. A careful analysis of the medical records, which included identifying the falsification of some records, revealed that the nursing home staff failed to properly insert a tracheotomy tube. The tube became dislodged so that it was no longer going into the trachea, but was pressing into her tissue. As a result, the woman suffered from a lack of oxygen. The failure to properly insert the tracheotomy tube was identified as the primary cause of death by the New York City Medical examiner. The autopsy lists the cause of death as “complications following dislodgement of tracheotomy tube placed for ventilatory support.” To compound the medical malpractice of failing to insert the tracheotomy tube, the staff failed to monitor the woman’s care. As a result, the staff did not know that the woman spent hours in distress. After depositions, the defense settled the case for $625,000.
$570,000 Verdict for Shooting in Brooklyn (Personal Injury Case/Assault Case)
While waiting in line at her bank’s outdoor ATM, a woman heard a commotion near a bus stop. The commotion arose because an alleged thief attempted to rob an off-duty New York City police officer. A gunshot was fired striking the woman in the arm. While the courts never determined exactly who fired the shot, as a result of Attorney Carol Schlitt’s arguments, the court held the City and the New York City Police Department 100 percent liable for the woman’s injury and the jury awarded $570,000 for lost wages and pain and suffering.
$560,000 Verdict for Slip and Fall on Staircase in the Bronx (Slip and Fall Case/Stairway Case)
A 13 year-old girl tripped and fell on the staircase of her Bronx apartment building because of a long-standing broken step. She fractured her tibia and fifth metatarsal. The jury deliberated for one hour before returning a verdict holding the defendant solely responsible for the incident and awarding the now 19 year-old girl a total of $560,000 for past and future pain and suffering.
$500,000 Verdict for Woman Struck by a Bus in Manhattan
On September 27, 2010, a Manhattan jury awarded a woman $500,000 in compensation for the injuries she suffered when knocked down by a New York City Transit Authority bus. The case stemmed from a December 23, 2004 incident when a 74-year-old factory worker crossed 181st Street at the intersection with St. Nicholas Avenue. As she reached the curb, the Bx3 bus pulled up to the intersection and hit her, knocking her to the ground.
The woman, an immigrant from the Dominican Republic did not want to make a fuss so she rejected offers of assistance. When she arrived home, her granddaughter immediately took the woman to the emergency room at Montefiore Hospital. The emergency room examination revealed a possible fracture of the tibial plateau and extensive ligament and muscular damage to her right knee. Doctors subsequently diagnosed severe osteoarthritis and an anterior cruciate ligament rupture that required knee replacement surgery. The Transit Authority tried to deny that the accident happened, but Ms. Schlitt used the testimony of the woman, her granddaughter, the bus driver and records from New York City Transit Authority to prove the case.
$425,000 Settlement for Woman Hurt by Collapsing Kitchen Cabinet in Brooklyn (Landlord Negligence)
In the winter of 2004, a couple living near Prospect Park complained on multiple occasions to their landlord of a ceiling leak in their kitchen. The leak arose from a combination of snow build-up on the roof and faulty design and maintenance of the building structure. The landlord ignored the couple’s complaints. During the next large snow storm, the leak returned and a kitchen cabinet collapsed on the woman fracturing her ankle so badly that it required surgery and left her with permanent damage. Attorney Carol Schlitt assembled extensive engineering and architectural evidence and a team of experts to prove the landlord’s liability as well as medical records and experts to document the plaintiff’s injuries. Due to the thoroughness of the investigation and the aggressive handling of the case, Ms. Schlitt negotiated a settlement before putting the case in suit. The landlord paid a settlement of $425,000.
$350,000 Settlement for Fractured Hip from Nursing Home fall in Bronx (Medical Malpractice Case)
An elderly resident of a Bronx nursing home was supposed to be supervised whenever she was out of bed. Despite the doctor’s orders, the nursing staff failed to respond to the patient’s calls for assistance in going to the restroom. When the patient attempted to get to the restroom on her own, she slipped and fell, fracturing her hip. Her injury required surgery. The lawsuit asserted that the nursing home staff negligently failed to respond to the patient’s calls and that negligence caused the injury when the patient tried to get to the restroom alone. Immediately prior to trial, the nursing home opted to pay a settlement of $350,000.
$350,000 Settlement for Trip and Fall on a Stairway in the Bronx
In August 2008, the residents in a Bronx apartment building complained to the landlord about repair debris left in the hallways and the stairwells of their building. The landlord failed to respond to their complaints. A woman who worked as a home health aide awoke and left for her job one morning and slipped on a grease-like substance on the stairs and fell several steps with her right foot bent backwards.
An ambulance came and took her to St. Barnabas Hospital. Diagnosed with a broken ankle, the woman spent six days in the hospital until doctors could perform surgery (open reduction, internal fixation or ORIF), which involved placing one plate with eight screws on one side of her ankle and two screws on the other side of her ankle. The damage to her ankle had made it impossible for her to return to work as a home health aide. In September 2010, Ms. Schlitt negotiated a settlement of $350,000 settlement for the woman.
$300,000 Settlement for Man Hurt by in Trip and Fall on Unsecured Construction Plate in Manhattan (Construction Site Case)
On a warm June morning, a man and his friend from work walked south on the pedestrian mall on Nassau Street in downtown Manhattan. When they reached Maiden Lane, the two men waited for traffic to clear and then began to cross the street. A truck driving along Maiden Lane caused an unsecured metal plate in the roadway to lift and fall onto the foot of the man’s foot, crushing it and pinning him to the roadway. The man suffered multiple fractures in his foot. Attorney Carol Schlitt navigated the construction bureaucracy that included the City of New York and Con Ed, before determining that the road plate belonged to a private construction firm operating in New York City. After conducting an extensive investigation and legal research, both parties agreed to mediate the case before trial and Ms. Schlitt earned a $300,000 settlement for her very happy client.
$300,000 Settlement for Construction Site Injury in Brooklyn (Construction Accident Case/Scaffold Case)
A laborer at a construction site in Brooklyn tripped and fell over some inappropriately stored materials on a scaffold. The incident left the man with two herniated discs and made it impossible for him to continue work a construction job. Because the injury involved a scaffold, the client could seek damages beyond his Workers’ Compensation benefits. During the trial, the defense agreed to pay a settlement of $300,000.
$265,000 Settlement Paid by Metro-North for Slip and Fall on Ice at the Garrison Train Station in Putnam County (Slip and Fall Case)
In February 2003, a woman parked her car at the Garrison train station and walked to pay her parking fee at the pay station. What she could not see and did not expect was the black ice that covered the pay station floor. She slipped and fell on the ice, hurting her neck and shoulder. The neck injury required surgical repair at the Hospital for Special Surgery and post-operative therapy at Burke Rehabilitation Hospital. Attorney Carol Schlitt sued both Metro-North, which owns and operates the train station, and the parking lot contractor. She conducted an extensive investigation to document responsibility for snow and ice removal at the facility and in pre-trial motions attorney Schlitt won a court ruling that Metro-North bore full liability for clearing ice from the pay station. On the eve of trial, Metro-North settled the case for $265,000.
$225,000 Settlement for Back Injury in Construction Accident in Queens (Construction Accident Case/Ladder Injury)
A 50 year-old Polish immigrant working as a cable installer injured himself in an unwitnessed fall from a ladder during renovation of the Queens Supreme Courthouse. The defendants argued that the accident never occurred. Attorney Carol Schlitt constructed a case based on circumstantial evidence and expert testimony. Her arguments convinced the jury, which unanimously held that the defendants violated the New York State Labor Law. After losing the verdict in the liability part of the trial, the defendants settled the case for $225,000.
$225,000 Settlement for Torn Earlobe in Motorcycle Accident Caused by a Police Car in the Bronx (Motorcycle Accident Case)
A police car in the Bronx made a sudden left turn in front of a 19 year-old motorcyclist and crashed into his motorcycle. The impact of the crash threw the driver of the motorcycle over the roof of the police car, ripping his ear on the lights situated on the top of the police car. Attorney Schlitt assembled a team of experts to help prove the case. The City of New York pressed ahead to trial, but after hearing Attorney Schlitt’s case and her summation to the jury, the City agreed to settle the case while the jury was deliberating. The City of New York paid $225,000 for the torn earlobe.
$165,000 Settlement for Fracture of Small Finger in Office Accident in the Bronx (Office Injury Case/Ladder Injury)
An attorney fell from a defective stepladder provided by his landlord and fractured the small finger on his non-dominant hand. Despite surgical repair, the finger had a permanent deformity. Instead of trying the case himself, the attorney hired the best trial lawyer he knew – Carol L. Schlitt. Attorney Schlitt has extensive experience with construction cases and has tried many ladder cases, which was important because a set of unique laws apply to ladder injuries. The defendants agreed to settle the matter during trial for $165,000.
$160,000 Settlement for Slip and Fall on Ice in Nassau County (Slip and Fall Case)
A man walked to use a stand-alone ATM in downtown Glen Cove. On his way out of the parking lot where the ATM stood, he slipped and fell on uncleared ice. He fractured his ankle and went by ambulance to Glen Cove Hospital. Doctors transferred the man to North Shore University Hospital for surgery. Attorney Schlitt conducted an investigation to determine who was responsible for clearing the ice near the ATM and then used a combination of eyewitness testimony, weather reports and analysis of medical and public records to build a strong case. The defense settled the case shortly after conducting depositions and agreed to pay $160,000.
$150,000 Settlement for Negligent Removal of Tattoo in Bronx (Medical Malpractice Case)
Shortly after getting a tattoo on her forearm and her calf, a young woman had remorse and sought treatment from a plastic surgeon for removal of the tattoos. The doctor advised her that he would easily cut them from the surface of her skin with little or no scar. Instead, the doctor removed muscle and skin leaving a noticeable depression on both her forearm and her calf. The victim claimed that the physician had not adequately informed her of the cosmetic risks of the procedure and the doctor claimed that he had advised her, before surgery, that it may be necessary to remove more tissue if the tattoo ink had penetrated more deeply than expected. During trial, the physician opted to settle for the plaintiff’s demand of $150,000.
$150,000 Settlement for Brooklyn Passenger Hurt in Bus Crash (Bus Accident Case)
A woman boarded a bus in Brooklyn expecting an uneventful ride. As the bus approached an intersection, a car ran a stop sign and struck the front of the bus. The force of the impact caused the woman to fall to the floor and injure her knee. She required arthroscopic surgery. Although the Transit Authority denied any responsibility for causing this bus crash, during trial the case settled for $150,000 – the full policy limit of $25,000 for the offending car and $125,000 from the Transit Authority.
$150,000 Settlement for Slip and Fall on an Uncleared Sidewalk in the Bronx (Slip and Fall Case)
On President’s Weekend in 2003, a 26 year-old man visited his friend in the Woodlawn section of the Bronx. Leaving the apartment building, he slipped and fell on an uncleared walkway, suffering a bimalleolar fracture of his right ankle. An ambulance transported him to North Central Bronx Hospital, where he was treated and released. He ultimately underwent surgery on his ankle at Jacobi Hospital. Attorney Schlitt employed eyewitness testimony and physical evidence to build a strong argument on liability and she constructed a clear and compelling case on damages. The landlord settled the case on the eve of trial for $150,000.
$140,000 Settlement for Car Accident with a Mini-Bus in Westchester (Car Accident Case/Bus Accident Case)
On Tuesday, November 27, 2007, a nurse employed at Montefiore Medical Center drove along a Westchester road. Suddenly, a mini bus pulled off a highway and broadsided her car. The collision left the woman with neck and back injuries that required extensive physical therapy and epidural and facet injections. On the eve of trial, the insurance company agreed to settle for $140,000.
$135,000 Settlement for Trip and Fall over Uneven Bricks in Brooklyn (Slip and Fall Case)
A woman visiting family tripped over some uneven bricks along the property line of two houses. She suffered significant injuries, including some broken bones in her face. The two property owners attempted to blame each other, with neither accepting responsibility for the incident. Ms. Schlitt used expert testimony at trial to demonstrate that the brick work had created a trap, “an accident waiting to happen,” is how Ms. Schlitt explained it to the jury. The defendants opted to settle for $135,000 before the jury ruled on the case.
$120,000 Settlement for Slip and Fall on Ice on the Brooklyn Promenade (Slip and Fall Case)
In January 2011, a Brooklyn man out for a walk on the Brooklyn Promenade slipped and fell on an uncleared patch of ice. The incident tore the ligaments in his left elbow and required surgery and months of intensive physical therapy to repair the damage. After investigating the case and evaluating the man’s medical condition, I negotiated a pre-suit settlement of $120,000 with the City of New York.
$105,000 Verdict for Finger Injured by Over-Aggressive Bouncers at Manhattan Bar (Personal Injury/Assault Case)
Three bouncers at a Manhattan bar unnecessarily roughed up a patron, knocking him to the ground then throwing him onto the sidewalk. The man sustained an unusual and particularly damaging injury to his finger. The jury awarded him $105,000. “If you have a dispute, you talk to people,” explained Attorney Schlitt. “These bouncers – who never appeared in court – skipped the talking and started beating on my client. We held the bar owner responsible. Given the people he hired, the lax screening, the lack of training and supervision, what did the owner expect would happen?”
$100,000 Settlement for Vietnam Veteran Hit by Car in East Northport, Long Island (Car Accident Case)
A Vietnam Veteran crossing Larkfield Road in East Northport, Long Island was struck by a pick-up truck. The man suffered significant injuries, including a fractured hip that required surgery and a lengthy stay at the Northport Veteran’s Hospital. A part-time construction worker, the man missed many months of work and was left nearly destitute by the accident. Attorney Carol Schlitt secured a rapid settlement with the truck driver’s insurance company without having to go to trial, thus getting her client a payment as fast as possible. The insurance company agreed to pay the full limit of the insurance policy, $100,000.
$100,000 Settlement for a Manhattan Woman Injured by Defective Contact Lens Solution (Defective Products Case)
A New York City woman used a defective contact lens solution that resulted in a fungal eye infection in her left eye. The manufacturer had prior knowledge of the problem and had ceased selling it in Hong Kong, but continued selling the solution in the United States. Ms. Schlitt worked with this client and a team of attorneys that brought a class action suit against the manufacturer. The result was that the product was removed from the shelves and the client received an award of $100,000.
$95,000 Settlement for Woman Injured in a Queens Car Accident Case (Motor Vehicle Case)
Early on a Sunday in October 2008, a Queens woman and her husband climbed into the back seat of a car service vehicle [black livery car] for a ride to church. They never made the service. Within blocks of getting into the cab, the driver came to a four-way intersection with a traffic light. The black car entered the intersection only to hit by a second car service vehicle. The crash left the woman with a serious knee injury as well as head injuries. The woman brought a lawsuit against both livery car drivers. After picking a jury to try the case, we settled the case for $95,000.
$95,000 Settlement plus $20,000 in Payments for Medical Liens for Woman Injured in Taxi Crash in Manhattan (Taxi Accident Case)
A 28 year-old woman rode in the back of a taxi travelling north on the Henry Hudson Parkway in Manhattan when the taxi struck the car in front. The accident tossed the woman forward injuring her right knee. The taxi had a maximum policy of $100,000 and the case settled immediately before opening statements for $95,000. Because the taxi No-Fault insurer had failed to pay the woman’s medical bills, she faced medical liens of $20,000 that normally would have come from her settlement. However, Attorney Schlitt forced the insurance company to pay the unpaid medical over and above the policy limits without reducing the client’s settlement payment.
$75,000 Settlement for Knee Injury in Taxi Collision in Manhattan (Car Accident Case)
A woman and her child boarded a taxi in Harlem and headed home to the Bronx. While making a left hand turn at an intersection, a second cab collided with the client’s cab, leaving her with neck and back injuries and knee damage that required surgery. The problem? The second cab driver had vanished and his insurance company had gone bankrupt, leaving no funds to pay for awards. Attorney Carol L. Schlitt argued the driver of her client’s taxi bore responsibility because he entered the intersection before he was able to make the turn, thus violating New York State traffic laws. Had he waited, he would have avoided the accident. The defendants agreed to settle the case before going to trial for $75,000.
$75,000 Settlement for Hempstead Woman Hurt by Elevator Doors (Elevator Case)
The woman entered an office building in Hempstead on her way to work. The elevator door, while closing, struck the woman on the right shoulder causing injuries that exacerbated a pre-existing condition of that shoulder. Working with elevator engineers, Ms. Schlitt proved an argument that the elevator doors closed more rapidly than they were programmed to close, thus causing the woman’s injuries. The defense settled before trial for $75,000.
$70,000 Settlement for Passenger in Livery Car Crash in Bronx County (Car Accident/Livery Car Accident Case)
A 45 year-old man slid into the back seat of a livery car expecting a smooth ride. Instead, the livery car crashed into another car at a Bronx intersection damaging his knee so badly that it required arthroscopic surgery. The second vehicle ran the stop sign but that car had no insurance coverage. Therefore, Attorney Schlitt had to prove that the livery car also bore some responsibility for the accident. That way the insurance coverage for the livery car would compensate her client for his knee injury. On the eve of trial, the livery car settled the case for $70,000.
$70,000 Settlement for Man Hurt in Collision with Taxi in Brooklyn (Taxi Accident)
A man working for the New York City Transit Authority (NYCTA) drove a Jeep Cherokee owned by the NYCTA along 23rd Street in Brooklyn. A yellow cab driver ran the red light driving south on 4th Avenue and struck the right rear wheel of the jeep. The man suffered injuries to his lower back and right knee. He had a partial tear of his medial meniscus repaired by arthroscopic surgery. Ms. Schlitt negotiated a settlement of $70,000 on the eve of the trial.
$70,000 Settlement for Ankle Injury Resulting from Poor Maintenance by Bronx Landlord (Landlord Negligence)
A woman repeatedly complained about a leak in her bathroom, yet the landlord refused to fix the problem. While cleaning her shower, the woman stepped from the tub and her foot fell through a water damaged floor that resulted from the landlord’s negligence. As a result of this accident, the woman tore a ligament in her ankle and required outpatient surgery. The defendants agreed to settle the case before going to trial for $70,000.
$62,500 Settlement for Leg Injury Resulting from Slip and Fall Caused by Cement Dumped on Williamsburg Sidewalk (Slip and Fall Case)
The owner of a building and an adjacent lot had dumped excess cement on a sidewalk in Brooklyn. A man tripped and fell over the pile of cement, spraining his ankle. Treatment of the ankle caused vascular damage to his leg. Attorney Carol Schlitt demonstrated that the building owner caused the injury, which ultimately led to the vascular problem. The defendants agreed to settle the case before going to trial for $62,500.
$60,000 Settlement for Man Hurt Riding Bicycle in the Bronx (Bicycle Accident)
A retired Bronx resident went for a morning bicycle ride. He stopped his bicycle at a stop sign at an intersection in a residential Bronx community. He waited there to allow traffic to clear so that he could cross the street. The driver of a pickup truck ignored a stop sign and struck the man on his bicycle, throwing him to the ground. The incident left the man bruised and battered. He suffered a torn rotator cuff that required arthroscopic surgery. Very early in the case, the defense settled for $60,000 before the case was put in suit.
$60,000 Settlement for Long Island Woman Riding Bicycle in Huntington (Bicycle Accident)
A woman out for a bike ride on a Sunday afternoon rode along Greenlawn Road in Huntington. A driver turning into a driveway struck the woman, throwing her to the ground. The woman on the bicycle wore a helmet, yet the force of the accident left her bleeding from the head and shoulder and gave her a concussion. She spent the night in the hospital and took weeks to recover from the concussion. She also bore scars on her shoulder from the incident. The defense settled at mediation for $60,000.
$60,000 Settlement for Brooklyn Teenager Passenger in Car Hit by Car Service Car (Car Accident Case/Taxi Accident)
The client, a 16 year-old girl, rode as a passenger in her friend’s car. A local car service vehicle struck their car on the side. The client suffered a soft tissue disc injury and received several months of physical therapy. What made this case poignant is that the client was a successful high school basketball player and this injury curtailed her high school career. Ms. Schlitt built a case around the loss of basketball playing time and the possibility of playing college basketball.
$60,000 Settlement for Neck and Face Injury in Bus Accident in Queens (Bus Accident Case)
While leaving a bus stop, a private commuter bus came to an abrupt halt throwing a passenger into a pole on the bus. The bus company argued that the bus driver took a necessary emergency action. Attorney Carol Schlitt successfully argued that the bus driver failed to allow his passengers time to secure themselves before pulling out from the bus stop. The jury found the bus company 100 percent liable for the plaintiff’s injury. The bus company then agreed to pay $60,000 to settle the lawsuit.
$45,000 Settlement for Trip and Fall in the Lobby of a Manhattan Apartment Building (Trip and Fall Case)
A New York City woman arrived home one evening and began to cross the lobby to reach her elevator, walking over a red carpet the building management had placed on the floor. What she did not know, but the building management did know, was that the red carpet covered a large crack in the tile floor. Unable to see the gap in the floor, the woman tripped and fell, fracturing her wrist. The woman wanted to resolve the matter quickly and we arranged a pre-suit settlement of $45,000 six months after the incident.
$45,000 Settlement for Rear-End Car Accident on Long Island (Car Accident Case)
On a Friday evening in May 2010, a Suffolk County woman eased her car to a stop at a red light on Jericho Turnpike. While waiting at the traffic light, another driver struck her car from behind. The accident left her with neck and back injuries, though no broken bones. The insurance company made an immediate offer to the woman, telling her that she only had soft tissue injuries and would not receive more than $5,000. She asked me to represent her for this matter and I settled the case for $45,000.
$45,000 Settlement for Injury to an Insurance Adjustor in Brooklyn Auto Repair Garage (Work-Related Injury Case)
On the afternoon of the incident, an insurance adjuster acting in his professional capacity visited an auto repair garage to inspect two vehicles that were under repair. While inspecting the cars, the man stepped into a deep, uncovered hole. A metal plate usually covered the hole, but the plate had been damaged the day before and not replaced, nor did the garage place any warnings around the hole. The man fractured his right wrist. Attorney Schlitt settled the case on the eve of trial for $45,000.
$45,000 Settlement for Man with Nose Broken by City Bus after a Yankee Game (Bus Accident Case)
A 50 year-old man had just left Yankee Stadium after a Yankee win and walked to corner of 161st Street in the Bronx. While waiting to cross the street, a passing New York City Transit Authority (NYCTA) bus brushed him and knocked him down to ground fracturing his nose. The bus driver claimed that the man walked into the side of the bus while he was driving slowly to avoid all of the pedestrian traffic in the area after the Yankee game. On the eve of trial, the NYCTA settled the case for $45,000.
$40,000 Settlement for Utility Worker Injured Reading Meters in the Bronx (Work-Related Injury Case/Stairway Case)
A Con Ed utility worker entered a property in the Bronx to read the electric meter. While walking down a set of outdoor steps, squirrels leaped out of a hole in the wall, knocking the man down. He fell to the bottom of the steps and tore his leg on the handrail, which had a jagged edge. The lacerations from the defective handrail caused a hematoma on his thigh that required debriding and the man missed a month of work. While Worker’s Compensation shielded his employer from paying additional damages, Ms. Schlitt pursued a case against the property owner on two counts: failing to rid the location of the squirrel infestation (the squirrels had built a nest in a hole in the wall) and failing to maintain the handrail. Ms. Schlitt assembled a team that included a civil engineer with expertise on stairway design and building codes and an exterminator with expertise on animal removal. Seeing the witness list and understanding the strength of the Ms. Schlitt’s case, the defense settled on the eve of trial paying $40,000.
A $30,000 Settlement for Woman Injured by NYC Taxi Cab in Front of the Port Authority Bus Terminal (Taxi Case)
In June 2007, a woman took a bus from her native Boston to New York City so she could attend a business seminar. She hailed a cab in front of the Port Authority, loaded her luggage and climbed into the cab. Before she could sit down, the cab driver lurched the car away from the curb, and then came to a shuddering halt, throwing the woman into the Plexiglas divider. The wild and erratic driving left the woman with two broken teeth and neck and back pain. We settled the case with the taxi driver for $30,000.
$30,000 Settlement for Porter Hurt in Manhattan Elevator Fall (Elevator Case)
A man working as a porter entered the service elevator in a Manhattan apartment building. He pressed the buttons for a high floor and began to ride the elevator up. The elevator suddenly dropped to the basement. The elevator fall caused some soft tissue injuries in his neck and knee that required some physical therapy. The case settled before trial for $30,000.
$25,000 Settlement for Passenger in Car Struck in the Rear by a Tractor Trailer Truck (Truck Accident)
The client rode as a passenger in car struck in heavy highway traffic. While waiting in traffic, a tractor-trailer truck struck the rear of the vehicle. The client suffered soft tissue injuries that required five months of physical therapy. The truck driver tried to deny responsibility, but Ms. Schlitt overcame the defense arguments and built a strong case on the injuries suffered by the client. The defense opted not to go to court on the matter and settled for $25,000.
$25,000 Settlement for Car Accident in the Bronx (Car Accident Case)
A Bronx man drove his car across the Macomb’s Dam Bridge during a night time rain storm. He struck a car that was stopped on the bridge and left without any flashers, flares or other warning signs. As a result, the driver of the car fractured two small bones in his right hand. Ms. Schlitt built a case to prove the owner of the abandoned car negligent. She negotiated a $25,000 settlement, the maximum amount of coverage.
$20,000 Settlement for Man Falsely Arrested in the Bronx
In November 2009, the New York City Police improperly and illegally arrested a young man and held him for nearly a day before releasing him. The police never filed charges against the man. Upset, he contacted Carol L. Schlitt to investigate the matter and to pursue damages against the City of New York. Ms. Schlitt conducted a rigorous investigation that proved that police misconduct occurred. In September 2010, Ms. Schlitt negotiated a $20,000 settlement with the City of New York to compensate the man for the wrongful arrest and imprisonment.
$20,000 Settlement for a Trip and Fall on Defective Steps in the Bronx (Stairway Case)
On the afternoon of the incident, a young mother arrived to pick up her son from a day care center that was housed in a large building with multiple tenants. While walking up the four steps that lead from the sidewalk to the entrance of the building, the woman tripped and fell on the damaged fourth step. Her fall resulted from a riser that was of an uneven height and out of compliance with New York City Building Code. That particular step was damaged and the landlord had not maintained it properly. The poorly maintained step caused the woman to fall backward and injure her back and right wrist. While she broke no bones, the soft tissue injuries required her to wear a splint and receive physical therapy. The owner of the building settled the case for $20,000.
$20,000 Settlement for Rat Bite in Brooklyn (Landlord Negligence/Animal Bite Case)
Not every case has a large dollar value, but every case is important. This case began on a Sunday morning in April 2005 when a Brooklyn man lay in bed relishing some extra rest. His peace did not last as a rat scrambled into his bed and bit him on the nose. The man immediately sought care at Kingsbrook Jewish Medical Center’s Emergency Room where he received immediate medical treatment and referrals for follow up care. Attorney Schlitt worked with her client to document the complaints about vermin made to the building’s landlord and the failure of the landlord to address those complaints. Faced with a mountain of documentation and the promise of expert witnesses, the current landlord settled the case before trial for $20,000.
$19,000 Settlement for Soft Tissue Injuries Resulting from Fall on Stairs Caused by Uneven Steps (Slip and Fall Case)
A 32 year-old woman attending an opera audition was directed to take a particular stairwell. While walking down those stairs, she fell on the third step from the bottom, as the steps were uneven and in poor condition. She tumbled the remaining three steps and crashed onto the landing. She hurt her wrists, back and legs and suffered soft tissue injuries. By working with an expert in stairway design, Ms. Schlitt proved that the stairs were not compliant with New York City building code and posed a hazard. As the case neared trial, the defense settled for $19,000.
$16,000 Settlement for High School Student Struck by Car on in Nassau County (Pedestrian Injury Case)
A car struck a Nassau County high school student while he crossed Merrick Boulevard on foot. The accident left him bruised and he stayed in the hospital for two days for observation, and was discharged home. He missed one week of school and received three months of physical therapy. The good news was that the student did not suffer any permanent damage and minimal injuries. However, this created a challenge for the case. First, he did not use the crosswalk and crossed a multi-lane road against traffic. His injuries, while real, were most likely not sufficient to meet the New York State Threshold Law, so the case most likely would have been dismissed had it gone to trial. Nonetheless, Ms. Schlitt was able to negotiate a $16,000 settlement with the insurance company.
$15,000 Settlement for Car Accident in the Bronx on the Major Deegan (Car Accident Case)
A 25 year-old woman drove her car north on the Major Deegan Expressway when traffic developed. She slowed her car, yet the livery car (one of New York’s infamous “Black Cars”) failed to slow and struck her from behind. The woman suffered soft tissue injuries to her back and shoulder. The challenge in the case came in meeting the New York State threshold requirements, which often precludes people who suffer soft tissue injuries from collecting for damages. Ms. Schlitt gathered enough evidence and found sufficient legal cases to force a $15,000 settlement for this car accident.
$9,000 Settlement for Slip and Fall in East Meadow Supermarket (Slip and Fall Case)
A Nassau County woman was shopping at her local supermarket when she slipped and fell due to spilled water on the floor near the fresh flowers. She injured her right shoulder. She went to the Nassau County Medical Center Emergency Room and was discharged home. She received two months of treatment for soft tissue injuries in her shoulder. This client had some issues that would have made going to trial difficult. Ms. Schlitt negotiated a settlement for $9,000.
$8,000 Settlement for Slip and Fall in North Babylon Supermarket (Slip and Fall Case)
An elderly Suffolk County woman slipped and fell due to spilled water while shopping at her local supermarket. She had pain and bruising of her chin, her left thigh and buttocks, left shoulder and hip. She sought immediate help from the Good Samaritan Emergency Room and followed up with her private orthopedist. She recovered fully with minimal physical therapy. Ms. Schlitt negotiated a settlement for $8,000.
$5,000 Settlement for Car Accident in Nassau County (Car Accident Case)
A driver ran a stop sign and broadsided a car driven by a Nassau County woman. The client had no fractures and did not require any hospitalization, but did have some soft tissue injuries that created pain in her neck and back. New York State’s laws require that victims of motor vehicle accidents meet certain threshold requirements before they can sue. Failing to meet those threshold requirements will result in dismissal of the case. Soft tissue injuries usually are not enough to meet the threshold requirements. While not a large case, Ms. Schlitt fought very hard for this client and was able to negotiate a $5,000 settlement.
$1,000 Settlement for Cut Received While Getting a Haircut in Suffolk County (Personal Injury Case/Defective Service)
A Suffolk County man went for a haircut at a Selden barbershop. The barber cut his neck during the haircut. That cut developed into dermatitis and required medical attention and treatment. A small case yes, but an important case to the client. Ms. Schlitt pressed hard and the case settled for $1,000.
If you have suffered a personal injury, you may be entitled to compensation. If you think you have a case or if you have questions, please call me and I will be glad to discuss your rights, answer your questions and help you with a potential case. You can call me at 1-800-660-1466 or send me an e-mail at Carol@SchlittLaw.com. The consultation is free and I will be glad to help you.
I hope you have found this information helpful. In reading these cases, remember that past performance does not guarantee future results. Each case has a unique set of facts and circumstances that will determine the value of that case.