David L. Scher

David L. Scher is a partner at Block O’Toole & Murphy and a past president of the New York State Trial Lawyers Association (NYSTLA), one of the largest and most respected trial lawyer bar associations in the United States. His fierce advocacy has helped him obtain hundreds of millions of dollars in resolutions for clients, and he has been recognized for his work by Super Lawyers, Best Lawyers, and City & State New York.

Since joining the firm in 2003, Mr. Scher has been instrumental in securing justice for victims of serious accidents, including construction accidents, commercial vehicle accidents, premises liability issues, and more. As the head of the firm’s appellate practice, he has also led the team to numerous appellate victories and appeared before the state’s Court of Appeals, New York’s highest court.

A trusted legal authority in New York, Mr. Scher has handled several landmark cases that established new legal precedents in court, including a $65,000,000 settlement – the largest reported individual personal injury settlement state history. His appellate work, including cases like Ortiz v. Varsity Holdings, has resulted in some of the most significant construction safety decisions in the state.

Born and raised in Albany, New York, Mr. Scher graduated from Fordham University School of Law and took a position in the New York State Attorney General’s Office. Before joining Block O’Toole & Murphy, he also served as a law clerk for New York Supreme Court Justice Shirley Kornreich and volunteered at a civil rights legal aid clinic.

Mr. Scher’s knowledge and reputation in the personal injury field has led others to seek his expertise. He is a frequent lecturer, educating lawyers statewide on the best litigation practices, and he has authored several published articles for outlets including the New York Law Journal and the Albany Times Union. His analysis has also been featured in the New York Times, the New York Law Journal, the New York Post, and many others.

Seminal Personal Injury Case Results

Mr. Scher’s results have set precedents across New York. In tackling some of the firm’s toughest cases, he has returned significant, record-breaking results for his clients. He also regularly argues before the Appellate Division and has appeared before the Court of Appeals, the highest court in New York State.

Some of his top results include:

• $65,000,000 settlement for a Brooklyn cyclist who was catastrophically injured after he was struck by debris from a subway construction site. The result, which is the largest known personal injury settlement in New York, came in part due to Mr. Scher’s strong arguments in front of the Second Department Appellate Court.
• $15,000,000 settlement in a wrongful death case for an HVAC technician who died installing a cooling unit at a Bronx hospital. Though the lower court initially dismissed the case, the Appellate Division reversed the decision after Mr. Scher presented a unique argument regarding the extent of worker protections granted by Labor Law 240(1).
• $13,500,000 settlement for a pedestrian who had been struck by a vehicle in Long Island. Mr. Scher won several key motions in the case that eventually helped lead to its resolution. This is believed to be the largest personal injury settlement in Suffolk County.
• $12,000,000 settlement for a local 147 union tunnel worker who fell into an open shaft on a Manhattan construction site, causing orthopedic and neurologic injuries.
• $9,950,000 settlement for a social worker in Buffalo, New York who lost her leg after she was hit from behind by an out-of-control van.
• $8,800,000 settlement for a Queens pedestrian who suffered a traumatic brain injury after she was struck by a van on the sidewalk. According to the National Law Journal, this was the tenth largest settlement in the United States in 2014.

Notable Legal Achievements

Some of Mr. Scher’s other significant legal achievements include:

• In 2021, VerdictSearch reported that Mr. Scher and Partner Stephen J. Murphy obtained the top three highest construction accident results in the entire Northeast region of the United States.
• In 2020, Mr. Scher and Partner Stephen J. Murphy handled three of Top Verdict’s Top 50 Settlements in the United States, the only lawyers to do so in the country.
• In 2016, he handled three of the top five largest personal injury settlements in New York State, which resolved for a combined total of nearly $23,000,000.
• In 2011, he wrote an amicus curiae brief to the Court of Appeals on behalf of over 5000 New York trial lawyers. The brief resulted in Ortiz v. Varsity Holdings, a landmark Court of Appeals decision that expanded the protections afforded to construction workers involved in fall-related accidents.

Positions Held

Mr. Scher has been heavily involved with the New York State Trial Lawyers Association (NYSTLA), a 4000-member bar association dedicated to promoting civil justice in New York. In addition to his role as NYSTLA President in 2024, Mr. Scher has also served on the organization’s board and joined several key committees.

In 2023, Mr. Scher was selected to join the New York Court System’s new Advisory Committee on Artificial Intelligence and the Courts. The group, which was formed in response to the rapid rise of AI adoption, seeks to address the impact of AI on the legal system and offer guidance to legal professionals on ways to safely engage with the new technology.

The full extent of Mr. Scher’s professional memberships are as follows:

• New York State Trial Lawyers Association (NYSTLA), President, 2024
• New York State Trial Lawyers Association (NYSTLA), Co-Chair, Labor Law Committee
• New York State Trial Lawyers Association (NYSTLA), Member, Judicial Committee
• American Association for Justice (AAJ)
• New York State Unified Court System, Member, Artificial Intelligence and the Courts Advisory Committee

Honors and Awards

Since 2016, Mr. Scher has been named to the New York Super Lawyers list, which recognizes him as among the top 5% of personal injury attorneys in the New York Metro Area. For the three years prior, he was selected as a New York Rising Star, which is awarded to the top young and emerging attorneys in an area.

He has also received the following recognitions:

• Best Lawyers, Personal injury Litigation – Plaintiffs, 2024-Present
• City & State New York, Trailblazers in Law, 2024
• Million Dollar Advocates Forum, Member
• Multimillion Dollar Advocates Forum, Member
• National Trial Lawyers, Top 100 Trial Lawyers

Outside Work

Mr. Scher believes in helping those in need outside of his legal work, and he is involved in a wide array of charitable endeavors. He and his wife Julie are proud committee members for the firm’s annual New York City Wine Tasting, an event that supports St. Jude Children’s Research Hospital. This event has raised millions of dollars for the treatment and research of catastrophic pediatric diseases.

Mr. Scher is also a fierce advocate for a change to New York’s antiquated wrongful death statute and has lobbied in Albany and through the media so that future grieving families are treated more fairly under the law.

Speaking Engagements

Known as a legal authority in the industry, Mr. Scher has been featured on many expert panels and spoken at a number of high-profile events.

• Featured Lecturer, Framing and Pleading a Labor Law Case, 2020-2025. Part of New York State Trial Lawyers Association’s (NYSTLA) Construction Accidents from the Trenches annual seminar.
• Speaker, New York State Trial Lawyers Association (NYSTLA) Fall Judicial Gala at Manhattan, 2025.
• Speaker, New York State Trial Lawyers Association (NYSTLA) Law Day Gala at Cipriani Wall Street, 2025.
• Featured Lecturer, How to Win NY Construction Accident Cases, 2025. Part of New Jersey Association for Justice’s 2025 Boardwalk Seminar.
• Guest Interviewee, David Scher sits down with NYCOSH’s Charlene Obernauer, New York State Trial Lawyers Association (NYSTLA), 2024.
• Speaker, 57th Annual New York State Trial Lawyers Association (NYSTLA) Installation at Cipriani Wall Street, 2024.
• Speaker, New York State Trial Lawyers Association (NYSTLA) Law Day Gala at Cipriani Wall Street, 2024.
• Featured Lecturer, New York Labor Law, 2024. Part of New Jersey Association for Justice’s 2024 Boardwalk Seminar.
• Host and Speaker, New York State Trial Lawyers Association (NYSTLA) Women in Law reception at Manhattan Penthouse, 2024. The event honors trailblazing women in New York’s legal field.
• Speaker, New York State Trial Lawyers Association (NYSTLA) Fall Judicial Gala at the Smithsonian National Museum of the American Indian, 2023. The annual event recognizes newly elected members of the bench.
• Speaker, New York State Trial Lawyers Association (NYSTLA) Installation, 2023. This event marked the start of Mr. Scher’s term as NYSTLA president.
• Speaker, New York State Trial Lawyers Association (NYSTLA) annual Law Day Gala at 583 Park Avenue, 2023.
• Moderator, New York State Trial Lawyers Association (NYSTLA) Roundtable featuring New York City administrative judges, 2023. The webinar discussed lessons learned from the Covid-19 pandemic, updates on trials, and the future of the courts.

Publications and Media Appearances

• Justice Suffers Without Pay Parity for New York’s Judges | New York Law Journal
• Court of Appeals Refuses to Limit Scope of Labor Law Section 240(1) | New York Law Journal
• Wrongful deaths, ‘Frankensteining’ and more: Here’s what’s on NY Gov. Hochul’s desk | Gothamist
• Grieving Families Act Reintroduced in Senate | Caribbean American Weekly
• Family of Teen Slain by Ghost Gun Files Wrongful Death Suit Against Manufacturer | New York Law Journal
• Workers Deserve Reform to 1847 Wrongful-Death Law – History Tells Us Why | New York Law Journal
• N.Y. wrongful death expansion passes, other liability expansions under consideration | Spectrum Local News
• NY Litigators Debate New Version of Grieving Families Act En Route to Gov. For Third Year | New York Law Journal
• The Tragic Limitations of New York’s Outdated Wrongful Death Law | Best Lawyers
• Don’t Fall for Scare Tactics: The Grieving Families Act Will Help New Yorkers | Albany Times Union
• New York State Trial Lawyers Association honors Judges Rivera and Spodek at Women In Law reception | Brooklyn Daily Eagle
• Can Injured, Undocumented Construction Workers Recover Lost Wages? | New York Law Journal
• Still Debating What ‘Falls’ Within Labor Law 240(1) | New York Law Journal

Areas of Practice

• Construction accidents, including Labor Law cases, scaffold accidents, ladder accidents, falling object accidents, and heavy machinery accidents
• Motor vehicle accidents, including cars, trucks, buses, and rideshare vehicles
• Wrongful deaths
• Complex motions and appeals

Education

• Fordham University School of Law, J.D.
• Tufts University, B.A.

Other Verdicts and Settlements

• $9,500,000 Settlement for a painter who fell from an extension ladder in Westchester County, causing him to sustain a traumatic brain injury.
• $9,000,000 Settlement for a construction worker who suffered severe hand injuries, including the amputation of two fingers, while working on a mast climbing platform.
• $7,525,000 Settlement for a family devastated by a fatal Suffolk County auto accident.
• $7,400,000 Settlement for a union sheet metal worker who suffered back injuries after a fall in Brooklyn
• $7,200,000 Settlement for the family of a Brooklyn man who was killed in an elevator accident wrongful death case.
• $7,100,000 Settlement for a union steamfitter who fell from his ladder after being struck by a falling pipe, causing severe shoulder and spine injuries.
• $6,000,000 Settlement for a Manhattan union operating engineer who fell 13 feet through an open hatch door in the crane he had been operating, leaving him with multiple serious injuries.
• $5,500,000 Settlement for an electrician who sustained a traumatic brain injury after falling from an extension ladder in East Williamsburg
• $5,500,000 Settlement for a Long Island construction worker who was struck by a rotating excavator.
• $5,475,000 settlement for a professional photographer in Brooklyn who suffered severe injuries when the brakes on his motorcycle malfunctioned, causing him to crash.
• $5,000,000 Settlement for a union ironworker who was struck by a scissor lift and propelled into a metal gang box at a Manhattan construction site.
• $4,750,000 Settlement for an HVAC worker who suffered back injuries that necessitated a laser procedure and a non-fusion surgery after falling from collapsed scaffolding.
• $4,500,000 Settlement for a non-union carpenter who was injured after falling about 10 feet from a scaffold on a Brooklyn job site.
• $4,450,000 Settlement for a laborer who suffered brain and spine injuries after a Brooklyn work site fall.
• $4,000,000 Settlement for a man struck by a vehicle in Forest Hills, Queens, requiring an above-the-knee leg amputation.
• $4,000,000 Settlement for a Long Island worker who was not given fall protection equipment while performing roofing and siding work in the rain.
• $3,600,000 Settlement for a 29-year-old Manhattan construction worker who fell through a gap in an improperly planked scaffold, resulting in serious back and shoulder injuries.
• $3,300,000 Settlement for a union laborer struck by falling angle irons in Westchester County.
• $3,200,000 Settlement for a Brooklyn demolition worker injured on the job when a staircase broke.
• $3,075,000 Settlement for a union plumber from Queens who was struck by falling gravel on a construction site.
• $3,000,000 Settlement for a Brooklyn laborer who sustained ankle and leg fractures due to an 8-foot fall that could have been prevented by guards and scaffolding.
• $2,875,000 settlement for a welder who was injured in a falling object accident at a new high-rise building in Manhattan.
• $2,850,000 Settlement in a Labor Law 240 case for a 38-year-old union laborer who was injured in a construction site fall in Manhattan.
• $2,775,000 Settlement for a 28-year-old construction worker who suffered an ankle fracture after falling from an extension ladder.
• $2,750,000 Settlement for a laborer who was injured after falling from an unstable ladder at a Brooklyn renovation site.
• $2,750,000 Settlement for a driver who was involved in an accident with an NYC sanitation truck that was improperly operating on the Belt Parkway in Queens
• $2,750,000 Settlement for an HVAC worker who fell from a ladder and injured his ankle
• $2,750,000 Settlement for a 57-year-old Bronx pedestrian who sustained a neck injury after being struck by a van.
• $2,650,000 Settlement for a Local 3 Union Electrician who injured his back after a trip-and-fall accident on a Manhattan construction site.
• $2,625,000 Settlement in a wrongful death case where there was only $1,000,000 in available insurance coverage.
• $2,545,000 Settlement for a Long Island family in a wrongful death case.
• $2,500,000 Settlement for a construction worker who required a partial finger amputation after a work accident in downtown Manhattan.
• $2,500,000 Settlement for a Brooklyn pedestrian who was struck by a truck and suffered hip and leg fractures.
• $2,400,000 Settlement for a 35-year-old painter who was injured after tripping and falling over a ladder at a Manhattan construction site.
• $2,250,000 Settlement for a 60-year-old window washer who fell from a Manhattan building and suffered left arm and hip fractures.
• $2,150,000 Settlement for an HVAC worker who required multiple ORIF surgeries after a ladder fall in Midtown Manhattan
• $2,056,656 Verdict for a public high school teacher struck by a city bus in Downtown Brooklyn.
• $2,000,000 Settlement for a Brooklyn man who injured his back in an elevator accident.
• $2,000,000 Settlement for non-union carpenter injured in construction site accident in Lower Manhattan.
• $2,000,000 Settlement for a worker who fell through an unprotected opening while installing an HVAC unit in Delaware County, New York.
• $1,975,000 Settlement for a construction laborer who fell during a warehouse renovation project in Brooklyn.
• $1,920,000 Settlement in a Nassau County case for a couple who collided with a van that had failed to yield right of way at an intersection.
• $1,875,000 Settlement for a 56-year-old truck driver who suffered multiple herniated discs after a rear-ended collision on the Brooklyn-Queens Expressway.
• $1,750,000 Settlement for a union laborer who needed four separate surgeries for injuries received when the street on his work site collapsed while he was jackhammering.
• $1,750,000 Settlement for a Suffolk County woman who sustained a back injury in an accident with a bus.
• $1,750,000 Settlement for construction worker who suffered devastating ankle and heel injuries after falling from unstable ladder provided by his employer.
• $1,715,496.06 Settlement for a Brooklyn resident whose neck and back were injured in a motor vehicle collision.
• $1,700,000 Settlement for a Bronx pedestrian who injured her neck and back after being struck by a left turning truck.
• $1,680,000 Settlement after our client hit an SUV which ran a red light, causing herniated discs in his cervical and lumbar spine.
• $1,675,000 Settlement for a client who suffered a herniated disc in her cervical spine after her car collided with a delivery truck.
• $1,675,000 Settlement for a 55-year-old Brooklyn tailor who was rear-ended and underwent a back surgery.
• $1,600,000 Settlement for a Queens carpenter who sustained multiple injuries after falling off a rolling scaffold while working on construction of the 9/11 Tribute Center.
• $1,600,000 Settlement for a nurse who suffered a herniated disc and neck pain after her car was hit by another vehicle while driving home from the beach.
• $1,600,000 Settlement for a bus passenger who sustained neck and back injuries when the bus she was riding rear-ended another city bus.
• $1,600,000 Settlement for a worker who suffered a dislocated shoulder and herniated discs in a ladder fall.
• $1,525,000 Settlement for a union steamfitter who suffered shoulder and aggravated back injuries after tripping and falling over a spool of cable left on the floor of a construction site.
• $1,500,000 Settlement for two auto parts workers who were injured when a freight elevator suddenly dropped to the bottom of the shaft.
• $1,500,000 Settlement for a client who suffered lumbar herniated discs in a malfunctioning elevator accident.
• $1,500,000 Settlement for a woman injured in a slip-and-fall accident on snow on front landing and steps.
• $1,500,000 Settlement for a 43-year-old Bronx driver who was struck by a New York City street sweeper.
• $1,500,000 Settlement in a case against NYC for a 57-year-old woman who suffered back and leg injuries after being knocked down by an unmarked police car while crossing the street.
• $1,500,000 Settlement for a Bronx tenant who tripped on stairs in his apartment building, injuring his neck and back.
• $1,500,000 Settlement for a Brooklyn woman hit in the rear by a city sanitation truck.
• $1,490,000 Settlement for a Brooklyn construction worker who suffered neck and back injuries in a collision with a bus.
• $1,475,000 Settlement for a Brooklyn worker who suffered brain, neck, and shoulder injuries after a piece of equipment fell and struck him.
• $1,450,000 Settlement for a Brooklyn art teacher who was injured after a collision with a bus.
• $1,410,000 Settlement for a husband and wife from Brooklyn who injured their necks in a rear end motor vehicle accident.
• $1,350,000 Settlement for a Long Island electrician who injured his spine in a rear end auto accident.
• $1,350,000 Settlement for a Brooklyn laborer who injured his back during the demolition of a large commercial boiler
• $1,350,000 Settlement for a construction laborer who had two tips of his fingers on his dominant hand amputated in a construction site accident.
• $1,350,000 Settlement on the eve of trial for a construction laborer who fell off a roof, fracturing his arm and a bone in his pelvis. The trial was set to occur in Rockland County.
• $1,325,000 Settlement for a worker whose forearm was lacerated by a shard of falling glass.
• $1,325,000 Settlement for a painter injured during construction of a Manhattan apartment building when a balcony collapsed underneath him.
• $1,325,000 Settlement just before trial for a carpenter at a construction project who fell from a ladder that he had placed on top of a rolling scaffold, sustaining lower back and knee injuries.
• $1,300,000 Settlement for a 44-year-old handyman who sustained neck and low back injuries in a head-on motor vehicle collision.
• $1,300,000 Settlement for a Brooklyn bicyclist whose prior neck and back injuries were aggravated after being struck by a van.
• $1,250,000 Settlement for a Queens man who was involved in a motor vehicle accident and underwent a neck surgery.
• $1,250,000 Settlement for a Long Island electrician who fell from a ladder and injured his spine.
• $1,243,000 Settlement for a union laborer who was crushed by a multi-thousand-pound container that injured his left leg.
• $1,200,000 Settlement for a 54-year-old woman in Nassau County who exacerbated prior neck and back injuries requiring surgery.
• $1,200,000 Settlement for a 50-year-old woman who aggravated a prior neck injury in a motor vehicle collision.
• $1,175,000 Settlement for an HVAC mechanic who suffered tibia fractures after falling from a ladder.
• $1,175,000 Settlement on the eve of trial for a woman with long standing and preexisting cervical herniations. The victim was struck by unsafely stacked products in a large supermarket.
• $1,150,000 Settlement for a worker who suffered a left ulna fracture after a scaffold fall in Brooklyn.
• $1,060,000 Settlement for a Long Island man who aggravated a pre-existing back injury in a motor vehicle collision.
• $1,050,000 Settlement for a Queens woman injured after a collision with a truck.
• $1,000,000 Settlement for a 43-year-old man who was rear-ended by a truck, causing back pain that required surgery.
• $1,000,000 Settlement for a Bronx mother of four who was struck on her head and neck by pieces of her kitchen ceiling, leading to neck, shoulder, and back injuries.
• $1,000,000 Settlement (the full available insurance) for a construction worker from Westchester who fell and fractured his left arm and leg.
• $1,000,000 Settlement for a Suffolk County woman who underwent a neck surgery after a motor vehicle accident.
• $1,000,000 Settlement following a jury verdict in the Bronx for a 14-year-old who had arthroscopic knee surgery after an accident.
• $1,000,000 Settlement for a plumber injured when his ladder slid out from underneath him, causing him to fall.
• $950,000 Settlement for a restaurant manager who claimed his employer discriminated against him based on his physical disability.