Attorneys With Record-Setting Results in Long Island Injury Cases

If you’re filing a personal injury case on Long Island, you deserve to be represented by talented and experienced attorneys who will help you navigate the complexities of the legal system and fight tirelessly to pursue the most favorable outcome on your behalf.

Block O’Toole & Murphy has a proven track record of successfully trying and settling cases on Long Island, including a record-breaking $32,756,156 verdict for a man who suffered a severe brain injury after being hit by a car in Suffolk County; a $14,000,000 verdict awarded to a young motorcyclist whose leg was amputated below the knee after he was hit by a truck in Nassau County; and a $9,750,000 settlement for a worker injured in a fall from scaffolding at a Long Island construction site.

We are deeply familiar with the nuances of the Long Island courts as well as the judiciary and know how to prepare accordingly for the unique circumstances of each case.

Need to Know:

• Long Island juries tend to be more conservative, which can affect case values. However, an experienced attorney will have strategies to address this.
• There are fewer cases tried on Long Island than in New York City, which means lawsuits usually proceed faster.
• Block O’Toole & Murphy has successfully litigated top cases from various practice areas (including car accidents, construction accidents, and wrongful deaths) in both Nassau and Suffolk County.

In This Article:

• Attorneys With Strong Professional and Local Ties to Long Island
• Case Study: How New York City Trial Attorneys Strengthened a Long Island Rail Road Accident Case
• How Personal Injury Cases Differ in Long Island Courts
• Case Study: $7,525,000 Settlement for a Suffolk County Family Whose Lives Were Changed by a Tragic Car Crash
• The Block O’Toole & Murphy Advantage in Long Island Accident Litigation
• Case Study: How Strategic Preparation Led to a $14 Million Verdict in a Nassau County Truck Accident Case

Attorneys With Strong Professional and Local Ties to Long Island

Block O’Toole & Murphy is widely respected throughout New York State, with a particularly strong presence in Long Island courthouses. Our standing in the legal community is built on:

• Record-breaking recoveries. Throughout years of experience litigating on Long Island, we’ve secured some of the strongest verdicts and settlements in both Suffolk and Nassau County.
• Professional associations. As a past President of New York State Trial Lawyers Association (NYSTLA), Partner David L. Scher traveled throughout the state and regularly spoke to Long Island legislators, judges, and attorneys, building connections that further extended awareness of our firm and the work that we do.
• Local ties. While Block O’Toole & Murphy is located in Manhattan, several of our attorneys, including Partners Stephen J. Murphy, David L. Scher, and Fred Aranki, have chosen Long Island to raise their families and call home. Not only do they bring years of professional legal experience to the table, but they are deeply rooted in the communities where these mediations and courtroom battles are taking place.

Case Study: How New York City Trial Attorneys Strengthened a Long Island Rail Road Accident Case

Personal injury cases are not necessarily filed in the county where the accident took place. For Long Island accidents, this means it can sometimes be advantageous to hire an attorney who also has experience in New York City courts.

In one case we handled, our client was a union carpenter working on a renovation of the Wantagh Long Island Rail Road station. On the day of the accident, he was installing roof panels on a steeply pitched canopy above the train tracks. It was raining and our client slipped and fell, landing hard on his knee. Fortunately, his safety line caught him before he could fall off the canopy, but his painful knee injury required surgery and kept him out of work.

This was actually the second time our client fell while working on the canopy roof, with the first incident occurring about a month earlier. In both instances, there had been heavy rain prior to or during the accident, and there was no anti-slip protection, yet our client was sent up to the slippery canopy anyway. We argued that these conditions violated New York Labor Law Section 200 and New York Labor Law Section 241(6), which require site owners and contractors to provide a safe working environment. If they fail to do so, we can recover damages from them.

This allowed us to bring a third-party lawsuit against the Long Island Rail Road (LIRR), among other defendants. Though the accident occurred in Nassau County, all cases against the LIRR must be tried in Queens, where the LIRR is headquartered. Queens is considered a more plaintiff-friendly venue than Nassau County, so this would have been advantageous had our case gone to trial. Ultimately, the defendants agreed to settle for an amount that our client was quite pleased with.

How Personal Injury Cases Differ in Long Island Courts

Despite their close proximity, Long Island courts differ from New York City courts in several ways. Keeping in mind that every case has a unique set of circumstances, with a judge and jury who all bring their own individual perspectives and experiences to the courtroom, there are still some broad characteristics that Long Island courts tend to have in common.

Formality

Long Island courts tend to be more formal, which can inform how attorneys interact with judges and conduct themselves in the courtroom. For example, while a Brooklyn judge might let a heated interaction play out, a Suffolk judge is more likely to expect all parties to remain composed throughout proceedings.

This was demonstrated in one particularly tragic case handled by Partners Daniel O’Toole and Scott Occhiogrosso. Our client was a woman who suffered catastrophic injuries after being hit by a car while she was walking home on St. Johnland Road in Suffolk County. The case went to trial, and though emotions occasionally ran high, the judge kept an even keel and maintained order.

At one point in the trial, Occhiogrosso became emotional himself — he was upset by the defense’s accident reconstruction expert stating that our client “said” something happened a certain way, when the reality was she could no longer speak at all. However, Occhiogrosso chose to follow the judge’s lead, and cross-examined the expert in a restrained manner, which he knew would better resonate with the jury.

After four weeks of proceedings, the case settled for $13.5 million during jury deliberations, one of the largest reported settlements of a personal injury case in the history of Suffolk County, New York.

Efficiency

New York City counties tend to have an incredibly high volume of cases at any given point, but Long Island courts aren’t burdened with as busy of a caseload. With fewer cases, Long Island personal injury lawsuits can proceed through the system faster, and we can typically expect to get a trial date on the calendar earlier than we would in New York City.

A looming trial date increases pressure on defendants and insurance companies and often helps us negotiate a fair settlement early on, because the other side will feel more inclined to resolve the case than they would if the trial was still years away. Alternatively, if we have to go to trial, the timeline is shorter than in counties with a high case volume.

Conservative Juries

Long Island juries tend to approach personal injury cases more conservatively than other venues, and award smaller damages. This can impact settlement offers as well, as the defense may argue that the jury would be unlikely to award higher compensation.

That being said, our attorneys have regularly been able to overcome jurors’ initial reservations about personal injury cases. Not only do we show them the legal merits of the case, but we share who the plaintiff really is outside of the courtroom, and the often-devastating impact that the injuries have had on their life. This humanizes the plaintiff and helps jurors form a connection with their story. Knowing that they have the power to enact justice and truly change the plaintiff’s life for the better, many jurors will choose to do so.

Case Study: $7,525,000 Settlement for a Suffolk County Family Whose Lives Were Changed by a Tragic Car Crash

One of the most devastating cases we’ve handled on Long Island involved a collision between a Honda sedan and a work van in Suffolk County. The Honda was driven by a 30-year-old mother, who was bringing her three children to a go-kart racetrack where her oldest son was scheduled to compete. As the family pulled out of a side street onto County Road 111, the work van struck the Honda on the driver’s side. The mother and her seven-year-old son were killed, while her other two children in the car, ages four and two, were seriously injured.

Partners Stephen J. Murphy and David L. Scher, and then-associate attorney Christina (Mark) Mercado handled this case, representing the surviving children and the estate of the deceased child. It was apparent early on that it would be an uphill battle to prove the defendant had any fault, also known as liability. The family’s Honda appeared to have run a red light and didn’t have the right of way. The driver of the work van and his passenger testified that he had a green light and it was impossible for him to brake in time to avoid the accident.

This would have been a challenging case to represent in any venue, but it was especially difficult in Suffolk County. While everyone who worked on the case agreed that it was a horrible tragedy, the defense initially didn’t believe a jury would find their client liable.

However, after our team conducted an in-depth investigation, it was clear that the defendant driver bore some of the responsibility in the crash. Our attorneys brought in multiple expert witnesses who investigated the accident scene, measured skid marks, and inspected the vehicles, then performed calculations to reconstruct the accident. We compared these findings to the defendant’s version of events and exposed inconsistencies that showed he did have an opportunity to observe the vehicle in front of him and avoid the collision.

Because of the legal concept of comparative negligence, our attorneys did not have to prove that the defendant driver was fully to blame for the accident. If they could show that the defendant driver was even partially to blame, then he would still be responsible for a portion of the damages, or compensation owed to our clients.

Ultimately, we were able to raise enough doubt about the defendant’s claims that the defense agreed to a last-minute private mediation, and the case was resolved for $7,525,000.

The Block O’Toole & Murphy Advantage in Long Island Accident Litigation

Whenever our firm signs a case in Nassau or Suffolk County, we tailor our legal strategies accordingly.

Preparedness

Block O’Toole & Murphy believes in trying cases inside out. We will painstakingly examine every single piece of evidence and how it can help or hurt your case. This meticulous, tenacious approach pays off in securing verdicts and settlements.

Additionally, our firm takes on a small case load and assigns two attorneys to each case from start to finish, which is uncommon in New York State personal injury law practices. This approach allows us to devote time and attention to each case that is unmatched anywhere else in the state.

Jury Selection

Properly vetting jury pools before a trial is imperative. Jurors on Long Island, like anywhere else, bring a wide array of perspectives into the courtroom. Some potential jurors harbor strong doubts about personal injury claims in general, believing them to be frivolous. If someone is more likely to side with the defense before hearing the details of the case, that person won’t be a good candidate for sitting on the jury.

Our attorneys know how to bring potential biases to light during jury selection. We’ll disqualify the jurors who would approach the trial with their minds already made up and select individuals who are capable of empathizing with our client and understanding how their injuries have impacted their life.

Long Island juries are drawn from diverse communities spanning shoreline villages, metropolitan areas, suburban neighborhoods, and rural towns. Our familiarity with the nuances of various Long Island communities has proven to be an asset. We’re attuned to the differences between areas like Bayport and Bayshore; Brentwood and Hempstead; and Cutchogue and Patchogue.

A person’s upbringing, personal experiences, and beliefs can all play a role in shaping how they approach a lawsuit, but regardless of who they are or where they come from, the most important thing they can bring to the courtroom is an open mind. An experienced trial attorney will strategize accordingly when selecting a Long Island jury.

Presentation

Our attorneys value an honest approach. We don’t pander to jurors or hide any of the facts. Defying stereotypes of bombastic attorneys that people may have seen depicted in movies and television, we present ourselves as professional, credible, and authentic. Thus, we are developing a personal connection with Long Island jurors in the process.

Our strategy in the courtroom is straightforward and reliant on the facts of the case, which allows us to be taken seriously by everyone in the courtroom. What’s more, we find it best to be upfront about the potential weaknesses of a case. This strategy allows us to get ahead of any arguments from the defense. Once those issues are addressed, we can continue to make our arguments for fair compensation.

How Strategic Preparation Led to a $14 Million Verdict in a Nassau County Truck Accident Case

In one of our landmark Long Island cases, hiring credible experts and fighting to exclude irrelevant information from the jury contributed to our success at trial.

The Accident and Its Aftermath

Our client was a young man who was riding his motorcycle to his girlfriend’s house in Oyster Bay. When he came to the intersection of North Broadway and North Wisconsin Avenue, our client, who had the right of way, was hit by a truck making a left turn.

The truck driver’s view was obstructed by a box truck in the opposite left hand turning lane, but witnesses reported that he sped through the intersection anyway. Witnesses to the accident applied a makeshift tourniquet to our client’s severed leg, and he was transported by helicopter to Nassau University Medical Center Trauma Unit. Unfortunately, our client lost his leg below the knee and was not a good candidate for a prosthetic limb.

Over 10 surgeries later, our client was told he would never again be able to work in a job which required physical activity. While this news would have been upsetting for anyone, it was particularly devastating to our client, who had previously worked as a tow truck operator and mechanic.

Efforts to Reach a Settlement

Negotiations with the defense stalled when the insurance company wouldn’t agree on a reasonable settlement amount for our client. Awards for damages tend to be smaller in Nassau County than in other venues, so the defense thought they would have an advantage at trial.

Undeterred, Partners Jeffrey Block and Daniel O’Toole meticulously prepared to present our client’s case in court.

Our Successful Trial Strategy

At the time of the accident, our client was wearing appropriate safety gear and following all the rules of the road, but his motorcycle was unregistered and uninsured. Our attorneys fought to keep this information out of court, believing it was irrelevant and may unfairly bias the jury. Fortunately, the judge agreed and the jury never heard this information.

However, the fact that the accident victim was riding a motorcycle still had the potential to be an issue. Many drivers dislike sharing the road with motorcyclists and perceive them as dangerous. To give our client the best chance possible, we hired credible and highly prepared expert witnesses to testify in his case.

This paid off when our life care planning expert withstood a tough cross examination in which the defense accused him of exaggerating the cost of an electric scooter deemed necessary for our client’s mobility. Our expert acknowledged that his estimate for the scooter’s cost was indeed higher than the price listed on the manufacturer’s website — and for a good reason. He knew that our client exceeded the weight limit for the scooter, and had contacted the company to get an estimate for a modified version which would be safe for him to use.

This preparedness won over the trust of the jury, who ultimately did right by our client by awarding him $14,000,000.

Block O’Toole & Murphy: Injury Attorneys With Top Verdicts and Settlements in Long Island Cases

Our experience and tenacity has led to many strong results, including:

• $32,756,156 verdict for a Vietnam veteran who suffered a serious brain injury after being struck by a speeding impaired driver
• $30,000,000 verdict for a survivor of childhood sexual abuse from Rockville Centre
• $14,000,000 verdict for a motorcyclist hit by a truck in Nassau County
• $13,500,000 settlement for a 24-year-old pedestrian who suffered a brain injury after being hit by a car on St. Johnland Road in Suffolk County
• $9,750,000 settlement for a worker injured in a fall from six-foot scaffolding at a Long Island construction site
• $9,750,000 settlement for a tow truck driver hit by a speeding drunk driver on the Long Island Expressway
• $9,000,000 settlement for a 14-year-old injured by a wall that collapsed
• $7,525,000 settlement for a family after a car accident tragically killed a mother and son and seriously injured her other two children
• $5,500,000 settlement for a Nassau County construction worker who was disabled by a rotating excavator
• $4,600,000 settlement for a man hurt in a car collision caused by another driver running a stop sign in Babylon
• $4,000,000 settlement for a worker who fractured vertebrae in a workplace fall
• $3,800,000 settlement for a union delivery driver injured as a result of a defective trailer step
• $3,200,000 settlement for a window installer who fell while working at an elementary school in Middle Country School District
• $3,000,000 wrongful death settlement for a man tragically killed in a car accident at the intersection of County Road 83 and Canal Road in Brookhaven
• $2,750,000 settlement awarded to an HVAC worker who fell off a ladder
• $2,700,000 settlement for a construction worker hurt in a collision with a commercial truck on Wellwood Avenue in Babylon
• $2,700,000 settlement for union roofer who plummeted 20 feet off the roof of Long Beach Middle School
• $2,500,000 settlement for a student who suffered second-degree burns and other injuries from a serious car accident
• $2,545,000 settlement in a wrongful death case for a 40-year-old mother who was tragically killed in a car accident
• $2,400,000 settlement for a man who was rear-ended by a commercial vehicle on the Long Island Expressway
• $2,300,000 settlement awarded to an infant whose pediatrician failed to diagnose Hirschsprung’s disease, to result in a $18,074,933.08 lifetime payout
• $2,150,000 settlement for a woman injured in a collision on Roslyn Road
• $2,000,000 settlement for an employee of the County of Suffolk Department of Public Works who was rear-ended on the Long Island Expressway
• $2,000,000 settlement for a mason laborer who was injured in a construction accident in Mineola
• $1,925,000 settlement for a client who was injured by an unsecured wall structure that fell on him at a demolition site in Nassau County
• $1,920,000 settlement for a husband and wife involved in a car accident
• $1,900,000 settlement for an HVAC installer who fell at a work site
• $1,750,000 settlement for a woman who needed spinal fusion surgery after being rear-ended on CR 16 in Holtsville
• $1,750,000 settlement for a deliveryman who slipped on a wet floor at a diner in Bethpage
• $1,750,000 settlement for a woman whose car was struck by a bus that ran a stop sign
• $1,750,000 settlement for a carpenter permanently injured while working at a Water Mill home
• $1,750,000 settlement for a client whose car was sideswiped by a commercial vehicle
• $1,650,000 settlement awarded to a nurse injured while driving in Coram
• $1,600,000 settlement for a woman who was hurt in a car collision while driving in Islip with her three children
• $1,500,000 settlement for a Suffolk mother of three hurt in a car accident
• $1,495,000 settlement for a retiree who needed spinal surgery after a four-car chain collision
• $1,425,000 recovery in a Suffolk County case for a couple injured by a speeding driver who sideswiped their vehicle
• $1,400,000 settlement for a union ironworker injured by a falling beam
• $1,350,000 settlement for a man who suffered spine injuries from a 3-car rear-end collision
• $1,350,000 settlement for a woman who was rear-ended by another vehicle while stopped in traffic in Suffolk County
• $1,275,000 settlement for a woman rear-ended in North Amityville by a car delivering pizza
• $1,250,000 settlement for a driver injured in an Old Brookville car crash
• $1,250,000 recovery for an electrician who was hurt while working in the Hamptons
• $1,250,000 settlement for a pedestrian struck by a car
• $1,204,087 settlement for a laborer who lost portions of four toes in a construction site accident
• $1,200,000 settlement for a 53-year-old man whose car was struck by an intoxicated driver in Port Jefferson
• $1,200,000 settlement for a union longshoreman whose car was rear ended by a box truck on the Long Island Expressway
• $1,175,000 settlement for a woman who required surgery after being rear-ended
• $1,000,000 settlement awarded to a car accident victim who had to undergo neck surgery
• $1,000,000 recovery for a client who required surgery after falling off a loading dock while working in Suffolk County
• $950,000 structured settlement for a one-year-old infant burned by a scalding cup of soup at a Nassau County daycare (guaranteed to receive $3,366,949 over the course of his lifetime and expected to receive $7,370,775 over the course of his lifetime)

For a free legal consultation, please call 212-736-5300 or fill out our contact form.