Daniel P. O'Toole
Daniel P. O'Toole is one of New York's premier construction accident and catastrophic injury trial attorneys. He graduated from the Fordham University School of Law in 1992 and is admitted to the New York and New Jersey bars. Since that time he has focused on being a New York personal injury trial lawyer. He has obtained verdicts of $32,756,055.00, $30,300,000.00, $20,181,000.00, $14,000,000.00 and $8,000,000.00 among others. In addition to his landmark verdicts, in the last three and a half years alone, personally Mr. O'Toole personally has settled in excess of $140,000,000.00 in personal injury cases.
Four times in the last 8 years, Mr. O'Toole obtained jury verdicts which were among the top 10 largest personal injury jury verdicts in New York State. In April of 2013, Mr. O'Toole settled a record breaking case against the State of New York for $22,500,000.00. Mr. O'Toole's total settlements for the first eight months of 2013 is $47,706,250.00. In 2012, Mr. O'Toole obtained 3 of the top 10 largest settlements of construction accidents in the State of New York and the second largest verdict for a personal injury case in the State of New York. Mr. O'Toole also obtained the third largest settlement of an automobile accident case in New York for 2012. Mr. O'Toole also resolved two of the largest wrongful death cases in New York in 2012 and 2011, respectively.
In July of 2012, Mr. O'Toole obtained a verdict in the NY Court of Claims in the amount of $20,181,000. This was the second largest personal injury verdict in the State of New York in 2012. This verdict included a pain and suffering award of $11,000,000 which is believed to be the largest pain and suffering award ever in the history of the Court of Claims.
In 2007, along with lead attorney Stephen Murphy, Esq., Mr. O'Toole procured the largest non medical malpractice personal injury verdict in New York State for 2007 in the amount of $32,756,155.00. That verdict is believed to be the largest non medical malpractice personal injury verdict ever on Long Island. Coupled with a $14,000,000 verdict taken in October of 2004, Mr. O'Toole now has the top 2 non-medical malpractice personal injury jury verdicts ever in Long Island (known to be a conservative jury venue). In 2005, Mr. O'Toole was one of three attorneys that attained a verdict in the amount of $30,300,000.00 for five individuals injured in a devastating car accident. The verdict was the second highest verdict in the New York for 2005 over the course of his career. Mr. O'Toole has obtained more than 80 verdicts and settlements in excess of $1,000,000.
Mr. O'Toole has handled and tried construction accident cases, medical malpractice cases, negligent security cases, tractor trailer accidents, industrial accidents, bad faith cases against insurance companies and automobile accident cases. Mr. O'Toole's recent settlements include the following construction related and automobile accident resolutions:
- $22,500,000.00 settlement (icy road case)
- $20,181,000.00 verdict (see above)
- $15,000,000.00 settlement
- $12,000,000.00 settlement with lifetime payment in excess of $70,000,000.00
- $ 6,400,000.00 settlement (union ironworker)
- $ 6,250,000.00 settlement (non union carpenter)
- $ 6,000,000.00 settlement against NYCTA for injured bus passenger
- $ 5,900,000.00 settlement (union bricklayer)
- $ 5,000,000.00 settlement (wrongful death of tourist)
- $ 4,900,000.00 settlement (union electrician)
- $ 4,750,000.00 settlement (union excavator)
- $ 4,650,000.00 settlement (injured non-union laborer)
- $ 4,475,000.00 settlement (wrongful death with a payout of over $20,000,000 to two surviving children of a deceased non union laborer)
- $ 4,250,000.00 settlement (union excavator)
- $ 4,000,000.00 settlement (auto accident involving hotel porter)
- $ 3,100,000.00 settlement (non-union laborer)
- $ 3,000,000.00 settlement (non union carpenter)
- $ 3,000,000.00 settlement (barber involved in auto accident)
- $ 2,295,000.00 settlement (automobile accident)
In December of 2010, Mr. O'Toole tried a negligent road maintenance case to verdict against the State of New York, obtaining a 100% verdict against the state in a catastrophic personal injury case. In December 2009, Mr. O'Toole recovered more than $6,000,000 on behalf of an injured construction worker in Rockland County despite there being only one million dollars in available insurance coverage. Rather than allow a jury to decide the case, the defendants paid more than $5,000,000 in personal funds to settle the matter. In June of 2011, Mr. O'Toole settled an iron worker's personal injury suit for an astounding $6,400,000 prior to jury selection. He settled a wrongful death action for $5,000,000 the week prior to that resolution. In October of 2007, Mr. O'Toole and partner Jeffrey Block resolved a case for $12,000,000.00 with an expected payout to the 8 year old plaintiff in excess of $71,000,000.00. Mr. O'Toole settled another case for $4,000,000.00 in the same month it is expected that the structured settlement on the settled case will pay the child Plaintiff $19,394,595.00 over the course of her life.
Mr. O'Toole handled a major bad faith case against Allstate Insurance Company, a case in which Allstate ultimately paid $1,800,000.00 over their $200,000.00 aggregate policy limits. Mr. O'Toole has also won two multi million dollar resolutions in negligent security cases. One case was against a hospital for a sexual assault upon a psychiatric patient (assault committed by another patient) and the second case involved an assault upon a physician in a hospital by an unknown assailant.
In 2011, Mr. O'Toole began serving his second 3 year term on the Board of Directors of the New York State Trial Lawyers Association. In June of 2011, Mr. O'Toole stepped down from his position as Treasurer (Officer) of the New York State Trial Lawyers Association, a position he held for two terms. Mr. O'Toole is the Chairman of the New York State Trial Lawyers Association Labor Law Committee, the committee that fights to preserve and enact laws to promote worker safety at construction sites. He continues to champion laws that protect workers.
In 2008, 2009, 2010, 2011, 2012 and 2013, Mr. O'Toole was elected as a "Super Lawyer" in New York State, recognizing him as one of the top 5% of New York personal injury lawyers. In 2009, 2010, 2011, 2012 and 2013, Mr. O'Toole was named by the American Trial Lawyers as one of the Top 100 Trial Lawyers in the nation. In 2010, Mr. O'Toole was appointed to the New York County Democratic Judicial Screening Panel. He was also named to the Irish Legal 100, recognizing the top Irish American lawyers in the United States in 2012 and 2013. Mr. O'Toole has also been selected by his peers to be included in New York's Best Lawyers for 2014.
In 2011, Mr. O'Toole was honored by the Brehon Law Society in New York as Lawyer of the Year and in 2012 was honored by the Institute of Jewish Humanities as Lawyer of the Year. In March of 2013, Mr. O'Toole was honored by the Brooklyn to Alaska Project (a group that sends young men from Brooklyn to Alaska every summer to experience the Alaskan wilderness) as Man of the Year.
Mr. O'Toole is heavily involved in charitable work, and has served on the Parish School Advisory Board, as well as past Chairman of his parish's Capital Campaign Committee. Mr. O'Toole is also a major donor to the St. Jude Children's Hospital, The Frances Pope Memorial Foundation and Candle lighters of New York City. All of these charities focus on aiding the families of children with cancer, a cause close to Mr. O'Toole's heart.
In the past five years, along with his partners, Mr. O'Toole has been instrumental in raising in excess of $1,500,000.00 for St. Jude's Children's Hospital. Mr. O'Toole has funded the construction of multiple classrooms at the Connecticut Center for Child Development, a school for autistic children in Connecticut and is a major donor for the Institute of Educational Achievement, a school for autistic children in New Jersey.
Mr. O'Toole and his partners have also funded the construction of a hospital room in Santo Domingo to help assure that the rural poor receive quality healthcare.
Additionally, Mr. O'Toole provides multiple needs based scholarships for children on an annual basis for students attending Catholic schools in New Jersey. Mr. O'Toole is also a major donor at his alma mater Bergen Catholic High School (where he established The O'Toole Family Financial Aid Scholarship Fund in 2009), as well as the Academy of Holy Angels and Immaculate Heart Academy, all girls schools in New Jersey. Mr. O'Toole also supports Paramus Catholic High School through the Egan/O'Toole Scholarship Fund. Mr. O'Toole ran in the New York City Marathon in 2013.
Areas of Practice
- Construction Accident Cases
- Medical Malpractice Cases
- Negligent Security Cases
- Tractor Trailer Accidents
- Industrial Accidents
- Bad Faith Cases against Insurance Companies
- Automobile Accident Cases
- New York
- New Jersey
- Fordham University School of Law, New York, New York - 1992
Honors and Awards
- Named to the Irish Legal 100, recognizing the top Irish American Lawyers in the United States, 2012 - 2013
- "Super Lawyer" in New York State, 2008 - 2013
- Top 5% of New York Personal Injury Lawyers, 2009 - 2013
- Named by the American Trial Lawyers as one of the Top 100 Trial Lawyers in the Nation, 2010 - 2013
- New York County Democratic Judicial Screening Panel
- Brehon Law Society in New York as Lawyer, 2012
- Jewish Humanities as Lawyer of the Year, 2013
- New York's Best Lawyer, 2014
Professional Associations and Memberships
- New York State Trial Lawyers Association, Board of Directors, 2011
- New York State Trial Lawyers Association, Treasurer (Officer)
- New York State Trial Lawyers Association, Chairman, Labor Law Committee
Pro Bono Activities
- Major Donor to the St. Jude Children's Hospital