E-mail MeDaniel 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 four years alone, personally Mr. O’Toole has settled in excess of $160,000,000.00 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 (this is the largest known personal injury settlement ever in New York). Mr. O’Toole’s total settlements in 2013 were in excess of $53,000,000.00 and the first half of 2014 has proved to be no less successful. Year after year Mr. O’Toole obtains some of the largest settlements of construction accidents, automobile accidents and wrongful death cases in the State of New York. In 2013, Mr. O’Toole and his colleagues at Block O’Toole & Murphy, LLP posted more top 25 settlements than any other firm in New York.
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 another case, 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 Nassau County, 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). Over the course of his career, Mr. O’Toole has obtained more than 90 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 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
- $7,700,000.00 settlement (motorcyclist with serious leg injury)
- $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)
- $3,500,000.00 settlement (bus operator injured in motor vehicle accident)
- $3,500,000.00 settlement (union bricklayer)
- $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)
- $2,750,000.00 settlement (homemaker, trip and fall, knee injury)
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 2014, Mr. O'Toole began serving his third 3-year term on the Board of Directors of the New York State Trial Lawyers Association. In June of 2014, Mr. O'Toole was named Second Vice President of the New York State Trial Lawyers Association. Mr. O'Toole is also the Co-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, 2013 and 2014. 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, 2013 and 2014, 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 and 2015.
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.
In December 2013 and again in 2014, Mr. O’Toole was selected by the National Academy of Personal Injury Attorneys as a Top 10 Attorney in New York State.
Mr. O'Toole is heavily involved in charitable work, and has served a number of terms 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 Candlelighters 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 four years, along with his partners, Mr. O’Toole has been instrumental in raising in excess of $1,100,000.00 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.
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, Past Chairman, Labor Law Committee
Pro Bono Activities
- Major Donor to the St. Jude Children's Hospital