Daniel P. O'Toole

Daniel P. O'Toole

New York, New York

Daniel P. O'Toole is one of New York's premier trial lawyers. He graduated from the Fordham University School of Law in 1992 and is admitted to the New York and New Jersey bars. Mr. O'Toole has devoted his professional life to helping people whose lives have been upended by accidents. The last 13 months have been the most productive of Mr. O'Toole's nearly 28-year career, amassing $100,000,000 in settlements and over $110,000,000 in verdicts.

At age 52, Mr. O'Toole has been the lead trial lawyer or co-trial counsel on the following record-breaking verdicts: 

  • $110,174,972 verdict, the largest individual personal injury verdict ever in the State of New York (with lead attorney, Partner Scott Occhiogrosso)
  • $32,756,055.00 verdict, the largest personal injury verdict ever in Suffolk County (with lead attorney, Partner Stephen J. Murphy)
  • $20,181,000 verdict, the second largest personal injury verdict ever in the Court of Claims (including the largest pain and suffering verdict ever in the Court of Claims) (lead attorney)
  • $14,000,000 verdict, the largest personal injury verdict ever in Nassau County (lead attorney)
  • $22,500,000 settlement, the second largest reported personal injury settlement ever in the State of New York (lead attorney)
  • $15,000,000 settlement of brain injured pedestrian struck by an automobile
  • $15,000,000 wrongful death settlement for worker killed by a falling object (lead attorney)
  • $13,500,000 settlement, the largest reported personal injury settlement ever in Suffolk County (lead attorney)
  • $13,000,000 wrongful death settlement auto accident (lead attorney)
  • $12,000,000 settlement for injured pedestrian child with leg injuries (lifetime payment to claimant will be in excess of $70,000,000)
  • $12,000,000 settlement for injured sandhog (lead attorney)
  • $11,500,000 settlement for laborer injured by a saw (lead attorney)
  • $11,000,000 settlement for injured laborer with back injuries

In addition to his landmark verdicts, in the last six years alone, Mr. O'Toole has personally settled in excess of $375,000,000.00 in personal injury cases. Over the course of his career Mr. O'Toole has more than 130 settlements in excess of $1,000,000.00 with 50 additional multi-million-dollar resolutions in 2016-2019 thus far. Mr. O'Toole reported the #1 mediated settlement in the State of New York in 2017 ($12,000,000 construction accident) and the #2 overall settlement in the State of New York (obtained during trial) for 2017 ($13,500,000 on an automobile accident case). This settlement is the largest reported personal injury settlement ever in Suffolk County. In 2018, Mr. O'Toole recovered in excess of $50,000,000, including a $13,000,000 wrongful death settlement achieved in less than one year from the date of accident. In 2019, Mr. O'Toole has settled 20 multi-million-dollar cases, including an $11,500,000 settlement for an injured construction worker, an $11,000,000 settlement for an injured laborer (believed to be the #1 and #2 largest reported settlements in New York State for 2019) and a $6,500,000 settlement for a union mechanic. Already in 2020 Mr. O'Toole has settled a wrongful death case for $15,000,000. All told, Mr. O'Toole has settled 10 cases in excess of $10,000,000 over the course of his career.

On five separate occasions O'Toole obtained jury verdicts which were among the top 10 largest personal injury jury verdicts in New York State. Year after year 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, 2014, 2015, 2016, 2017, 2018 and 2019, Mr. O'Toole and his colleagues at Block O'Toole & Murphy, LLP posted more top 25 settlements than any other firm in New York by a wide margin. When final results for the year are published, it is expected that 2019 will be a record-breaking year for both verdicts and settlements.

Mr. O'Toole has handled construction accident cases, road design and road maintenance cases, medical malpractice cases, negligent security cases, tractor trailer accidents, industrial accidents, bad faith cases against insurance companies and automobile accident cases. In addition to the above mentioned settlements Mr. O'Toole's settlements include the following results:

  • $8,000,000.00 verdict (lumbar spine surgery and knee surgery after rear-end collision)
  • $7,000,000.00 settlement (worker who fell 30 feet down elevator shaft)
  • $6,500,000.00 verdict (union laborer with herniated disc injury)
  • $6,500,000.00 settlement (injured union laborer)
  • $6,500,000.00 settlement (union mechanic who suffered fractures to his vertebra, pelvis, dominant wrist, and elbow)
  • $6,400,000.00 settlement (union ironworker)
  • $6,250,000.00 settlement (non-union carpenter)
  • $6,000,000.00 settlement (during trial against NYCTA for injured bus passenger)
  • $6,000,000.00 settlement (for injured union waterproofer)
  • $5,900,000.00 settlement (union bricklayer)
  • $5,000,000.00 settlement (wrongful death of tourist)
  • $4,925,000.00 settlement (all insurance coverage available tendered for motorist with brain injury)
  • $4,900,000.00 settlement (union electrician) 
  • $4,750,000.00 settlement (union excavator) 
  • $4,650,000.00 settlement (injured non-union laborer)
  • $4,500,000.00 settlement (union carpenter with knee injury) 
  • $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 (union carpenter in ladder fall) 
  • $4,000,000.00 settlement (auto accident involving hotel porter) 
  • $4,000,000.00 settlement (above-the-knee amputation after auto accident) 
  • $4,000,000.00 settlement (injured non-union asbestos removal worker) 
  • $4,000,000.00 settlement (a 15-year-old pedestrian; lifetime payment in excess of $19,000,000.00) 
  • $4,000,000.00 settlement (union carpenter in ladder fall) 
  • $3,720,000.00 settlement (glass worker who suffered severe foot and ankle injuries after he fell through an unsecured cover at a construction site) 
  • $3,500,000.00 settlement (bus operator injured in motor vehicle accident)
  • $3,500,000.00 settlement (union bricklayer) 
  • $3,500,000.00 settlement (injured laborer) 
  • $3,450,000.00 settlement (man hit by bus while in crosswalk, multiple ORIF surgeries) 
  • $3,450,000.00 settlement (union carpenter who fell from a scaffold, injuring his hip) 
  • $3,450,000.00 settlement (non-union laborer with back injuries following a fall) 
  • $3,400,000.00 settlement (union laborer slipped and fell with back injury) 
  • $3,250,000.00 settlement (union carpenter who injured his wrist in a fall) 
  • $3,175,000.00 settlement (truck driver who was struck by a fully loaded forklift while he was making a delivery) 
  • $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) 
  • $3,000,000.00 settlement (laborer in trip and fall accident) 
  • $3,000,000.00 settlement (taxi driver injured in auto accident) 
  • $2,900,000.00 settlement (non-union laborer with back injury) 
  • $2,750,000.00 settlement (homemaker, trip and fall, knee injury) 
  • $2,750,000.00 settlement (non-union air conditioning repair worker with leg fracture) 
  • $2,600,000.00 settlement (non-union laborer with internal injuries in building collapse) 
  • $2,500,000.00 settlement (double-parked Access-A-Ride van causes bicycle accident) 
  • $2,500,000.00 settlement (motorist injured in car accident, back surgery) 
  • $2,500,000.00 settlement (cyclist in dooring accident) 
  • $2,400,000.00 settlement (pre-deposition settlement for 58-year-old worker with neck injury) 
  • $2,250,000.00 settlement (wrongful death of pedestrian hit by bus) 

Approximately 100 other settlements in excess of $1,000,000. 

Positions Held

Mr. O'Toole is 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 is committed to championing laws that protect workers and all New Yorkers.


 In April of 2020 Mr. O'Toole and his wife will be honored by Fordham Law School at the school's 2020 Scholarship Benefactors Reception. In June of 2019, Mr. O'Toole received the University of Scranton's Frank O'Hara Distinguished Alumni Award. The award is the University's highest honor and was given to Mr. O'Toole in recognition of his accomplishments as an attorney and for his philanthropy. In October of 2018, Mr. O'Toole received the James F. Gill Spirit of Hope Award from Fordham Law School's Feerick Center for Social Justice. In 2016, he received the Founder's Medal (the school's highest honor) from his alma mater, Bergen Catholic High School, for his lifetime achievement and contributions to the school. In 2018, Mr. O'Toole was named Runner of the Year by One Mission, a pediatric cancer charity in Boston, Massachusetts, for his fundraising efforts running the 2018 Boston Marathon. Mr. O'Toole will run the 2020 Boston Marathon in support of HomeStart Boston, a charity dedicated to the eradication of homelessness.

From 2008 through 2019, 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. From 2009 through 2019, Mr. O'Toole was named by the American Trial Lawyers as one of the Top 100 Trial Lawyers. From 2010 to 2019, he has been named to the Irish Legal 100, which recognizes the top Irish American lawyers in the United States. Mr. O'Toole has also been selected by his peers to be included in New York's Best Lawyers for 2014-2019.

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. 

Charity Work

Mr. O'Toole is heavily involved in charitable work. He is a major donor to the St. Jude Children's Hospital. Mr. O'Toole and his wife have endowed a scholarship at the Fordham University School of Law and Georgetown University, through the Georgetown Scholarship Program, and have also contributed substantially to the Dr. Michael DeMichele Scholarship at the University of Scranton, as well as to Boston College.

In the past ten years, along with his partners, Mr. O'Toole has been instrumental in raising in excess of $5,000,000.00 for St. Jude Children's Hospital. Mr. O'Toole is a major donor for the Institute of Educational Achievement, a school for autistic children in New Jersey. Dan and his wife recently assisted in the funding of a Young Adult Lodge at the Hole in the Wall Gange Camp. Mr. O'Toole has also contributed to scholarship funds at five Catholic grammar schools and high schools in New Jersey, funding high school educations for over 25 children.

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

Bar Admissions

  • New York
  • New Jersey


  • Fordham University School of Law, New York, New York - 1992
  • University of Scranton, Scranton, PA, 1989 B.A. and M.A.