Manhattan Personal Injury Attorneys

If you are filing a personal injury lawsuit in Manhattan, you’re likely facing physical, emotional, and financial challenges you never expected. You deserve a law firm that knows what you’re going through and deeply understands the intricacies of the Manhattan court system.

At Block O’Toole & Murphy, we know the difference a strong settlement can make in the lives of our clients and their loved ones. Our attorneys have fought aggressively to attain numerous positive results in Manhattan injury cases, including a $12,000,000 settlement for a Local 147 tunnel worker who sustained serious injuries after falling during a subway extension project, a $9,000,000 settlement for a construction worker who lost two fingers while working on a Manhattan apartment building, and a $5,000,000 settlement for a wrongful death claim after a tragic garbage truck crash in Midtown.

Learn why Block O’Toole & Murphy’s attorneys are some of the best qualified to handle your Manhattan personal injury case.

Need to Know:

• If you are filing a case against a large organization located in Manhattan, you should prioritize retaining a law firm who has a demonstrated ability to make such businesses flinch.
• Security cameras are extremely common in Manhattan, making video evidence relatively available. However, it’s important that your lawyers begin investigating your case as soon as possible to obtain this evidence.
• Your case may be filed in New York County if you or one of the defendants resides or is headquartered in Manhattan, or if your accident occurred there. If you have a municipal case that occurred in Manhattan, your lawsuit must be filed there.

In This Article:

• How Personal Injury Cases Differ in Manhattan
• $6,080,408 Jury Verdict for Family Man Injured in Harlem Scaffold Collapse
• Handling Injury Cases Against Major Manhattan Defendants
• How Block O’Toole & Murphy Secured a $3.4 Million Settlement for a Man Struck by a Vehicle in Central Park
• Why Hiring a Well-Known Plaintiff’s Attorney Matters in Manhattan Personal Injury Cases
• Notable Verdicts and Settlements in Manhattan Accident Cases

How Personal Injury Cases Differ in Manhattan

While all personal injury cases typically follow the same stages of litigation and New York County courts are subject to the same laws as the rest of the state, there are multiple factors that make Manhattan injury cases distinct.

Unified Trials

Personal injury trials may be either unified or bifurcated.

• In unified trials, a jury will decide issues of both liability (fault) and damages (compensation) together and deliver a verdict which covers both issues.
• In bifurcated trials, a jury will first decide on liability, and only hear about the plaintiff’s injuries if the defendant is found to be at fault for the accident.

Manhattan trials are typically unified. The jury has access to the full scope of evidence when determining liability, which is generally preferable for plaintiffs. However, an effective lawyer will still prepare trial strategies tailored to the specifics of each case. For example, while many attorneys choose to present liability evidence first before turning to damages, there are times when it would be strategically advantageous to discuss the client’s injuries earlier in the case.

In one case handled by Partner Frederick Aranki, our client sustained severe injuries, but had made a strong recovery by the time of the trial. To make sure the jury understood that our client had in fact suffered as a result of his accident, Aranki chose to share his treatment history early in the trial, effectively erasing any questions the jury may have had about the legitimacy of his case. Had the trial been bifurcated, the jury would not have been privy to our client’s medical history when deciding on the issue of liability.

Early Investigation in Manhattan Injury Cases

Early investigation is critical in most personal injury cases, but it can be especially fruitful in Manhattan due to the prevalence of cameras. At Block O’Toole & Murphy, our attorneys regularly travel to an accident scene as soon as we sign a case, and we also hire skilled investigators to canvass the entire area of an accident, which can lead to evidence found in the form of:

• Witnesses, who in addition to eyesight reports may have taken videos or pictures with their phone
• Security cameras from businesses and apartment buildings, which can help provide multiple angles of video

Both types of evidence must be found quickly. Witnesses’ memories deteriorate over time, and security cameras are likely to tape over their own footage within a short time frame.

Jury Selection in Manhattan Injury Cases

During jury selection, it’s crucial that attorneys choose jurors who will be open-minded and fair toward the facts of the case.

Like Queens and Brooklyn, Manhattan juries can be made up of people from all walks of life. From Washington Square Park to Washington Heights, Manhattan is a diverse borough, and its jurors tend to be very open-minded.

$6,080,408 Jury Verdict for Family Man Injured in Harlem Scaffold Collapse

In one case Block O’Toole & Murphy took to verdict in Manhattan, our client was a loving husband and father who was seriously injured in a Harlem construction accident. The 45-year-old from Staten Island had been a member of the Local 20 Carpenters Union for 15 years when he was tragically injured by a scaffold collapsing beneath him. The fall caused severe injuries to his ankle, knee and shoulder, rendering him permanently disabled from his career as a carpenter and unable to obtain another job that would support his family.

Filing for Summary Judgment

Handling Partners Scott Occhiogrosso and Frederick Aranki successfully filed for summary judgment under Labor Law 240. Also known as the “Scaffold Law,” Labor Law 240 gives broad protections to construction workers injured in gravity-related accidents. By granting summary judgment, the judge presiding over the case found that the defense was 100% liable, or at fault, for our client’s injuries. If the case went to trial, the jury would only need to decide how much compensation he was entitled to.

Challenging Negotiations

Even though the defense had been deemed liable for our client’s injuries, they were unwilling to settle the case for a reasonable amount. Because our client tried to continue working after his injuries, which our attorneys viewed as a testament to his work ethic, the defense believed a jury could be convinced that he was not seriously hurt in the initial accident.

Additionally, the defense believed that clerical errors on timesheets could be used to suggest that our client was trying to falsely claim extra working hours. If this had been true, it would have brought his reliability into question. However, we deposed multiple coworkers who attested to our client’s honesty and insisted those were in fact errors which in no way reflected on our client’s character.

We knew the right jury would see through these arguments, and so we took the case to trial.

Trial and Verdict

As a conservative blue collar worker from Staten Island who enjoyed hunting, our client was not likely to be immediately sympathetic to most Manhattan jurors, who tend to be more liberal. Knowing this, our attorneys were particularly careful when choosing a jury, and made sure to select jurors who would be open to hearing the facts of the case.

During the trial, Occhiogrosso and Aranki argued that our client was a hardworking, dependable man whose employer was displaying a complete lack of loyalty after years of service.

This attentive preparation paid off, and the jury awarded our client $6,080,408 in damages.

Handling Injury Cases Against Major Manhattan Defendants

As the center of one of the largest cities in the world, Manhattan has a high density of extremely powerful and influential organizations. If you are bringing your injury case against one of these entities, it’s important to hire an experienced law firm that will not be intimidated by defendants who have considerable resources and are well-equipped to fight a lawsuit.

Suing Large Companies in Manhattan Injury Cases

Often, large organizations such as hospitals or universities have their own legal teams who oversee lawsuits. In such cases defense attorneys may have to report to their client’s private legal team, adding delays to the legal process.

Additionally, some large corporations such as FedEx have self-insured retention, which means in the event of a settlement, the corporation must pay a certain dollar amount before their insurance kicks in. For example, the corporation may need to pay out the first $1 million before their insurance provider starts paying. This can make negotiations very difficult, as the corporation will likely fight extremely hard to avoid paying anything out of pocket.

Suing Contractors in Major Manhattan Construction Accidents

Our attorneys have found that it is more likely for Manhattan construction projects to be run by large, well-known contractors. This has pros and cons for plaintiffs.

• On the plus side, large companies generally keep better records and may even use apps to record daily reports. They are also more likely to have video surveillance. All of this evidence can be very valuable for attorneys to collect during the discovery phase of a case. Additionally, if an extremely large company denies having video surveillance, an experienced attorney will likely choose to push harder for this evidence.
• On the other hand, larger companies also tend to be well prepared for any potential litigation. They are more likely to have a team of investigators who will immediately begin interviewing any witnesses and building their own defense for the case. They may also contact the injured party, and company bosses may even try to insist on accompanying the plaintiff to medical providers, feigning that they are concerned for the plaintiff’s welfare. At Block O’Toole & Murphy, we always notify our clients to be prepared for these attempts and advise them to avoid these types of arrangements.

Suing the City of New York in Manhattan Injury Cases

If your accident occurred in Manhattan and one of the defendants in your case is the City of New York, then your case must be tried in Manhattan.

When suing the City of New York, you must file a Notice of Claim within 90 days of your accident. This informs the City of your intent to file a lawsuit, which must be done within one year and 90 days. By comparison, you generally have three years from the date of your accident to file a lawsuit against private defendants.

These strict deadlines make it imperative that you quickly contact an experienced attorney who can determine if the City or State of New York is a potential defendant in your case, especially because it can be complicated to determine whether the City can be named in a lawsuit. For example, in one car accident case our lawyers handled, it did not become apparent that the City of New York was a defendant until we investigated and found out an untrimmed tree was blocking a stop sign.

How Block O’Toole & Murphy Secured a $3.4 Million Settlement for a Man Struck by a Vehicle in Central Park

In one case handled by Partners Daniel O’Toole and Frederick Aranki, we represented a man who was refereeing a youth basketball game in Central Park when he was struck by a Central Park Conservancy employee driving a low-speed utility vehicle. The driver acted recklessly, cutting across the basketball court during an active game, and tried to leave the scene after striking our client.

Despite the vehicle’s relatively small size, our client was severely injured, requiring a four-level cervical spine fusion. He also suffered from ongoing neck pain, which greatly hindered his ability to sleep through the night. On top of his physical pain, he could no longer continue his work at the youth facility, nor could he enjoy many of the activities which he used to do with his daughter.

Proving Liability

Though the driver’s fault in the accident was undeniable, our attorneys first had to untangle whether the Central Park Conservancy was the sole defendant in the case. They quickly determined that the Conservancy was a private nonprofit hired by the Department of Parks and Recreation, which is one of the mayoral agencies the city is responsible for. Once this connection was established, it was clear that the City of New York was a defendant in this case.

However, the City of New York initially denied any knowledge as to whether the driver was employed by the Conservancy or whether the Conservancy was responsible for the vehicle involved in the accident.

Our attorneys filed a FOIL request for the Department of Parks and Recreation’s accident report, which named the driver of the cart and confirmed she was a Central Park Conservancy employee. Additionally, we deposed a Conservancy employee who confirmed the driver was working in the course of her employment at the time of the accident, and that the vehicle was owned by the Conservancy.

Negotiating a Settlement

Though O’Toole and Aranki had proven the defendant’s liability, the defendants still argued that our client, who was 49 years old at the time of the accident, had pre-existing conditions which, they claimed, lowered the value of his case. However, this argument was not compelling, as our client regularly exercised, played basketball, and was actively running and refereeing a basketball game before his accident. Shortly before jury selection, we settled the case for $3.4 million.

Why Hiring a Well-Known Plaintiff’s Attorney Matters in Manhattan Personal Injury Cases

While the letter of the law is the same throughout the five boroughs, each courthouse has its own system, and each judge has their own preferences for the way cases should be handled.

Familiarity With Manhattan Judges

The attorneys at Block O’Toole & Murphy have a long history in New York County’s courthouses.  Having resolved hundreds of cases through the Manhattan court system, Block O’Toole & Murphy has developed a strong reputation for professionalism with both its judges and court staff.

Familiarity With Manhattan Court Staff

Our attorneys pride themselves on treating all court staff with respect, ensuring a good working relationship with every legal worker who handles your case. This also reflects well on the jurors, who are sure to notice the way our lawyers are treated by clerks and court officers.

Notable Verdicts and Settlements in Manhattan Accident Cases

At Block O’Toole & Murphy, we understand that behind every case is a person coping with pain, loss, and uncertainty. While we cannot erase what happened, we are committed to fighting for the justice, security, and support our clients deserve. Our results reflect that commitment. We have achieved numerous successful verdicts and settlements in Manhattan, including:

• $12,000,000 settlement for a worker injured after falling 40 feet during the 7 line subway extension project
• $9,000,000 settlement for a construction worker who lost two fingers while working on a Manhattan apartment building
• $8,166,666 settlement for a client injured while operating a manual freight elevator in a Manhattan building
• $7,100,000 settlement for a union steamfitter knocked off his ladder by a falling pipe
• $7,000,000 settlement for worker who required nine surgeries after falling 30 feet down an elevator shaft
• $6,500,000 verdict for Local 731 union worker from Kosovo who was struck by a falling beam
• $6,080,408 verdict for 45-year-old union carpenter who suffered ankle and knee injuries in Harlem scaffold collapse
• $5,500,000 settlement for a carpenter severely injured at a construction site
• $5,500,000 settlement for NYPD officer who suffered serious injuries while responding to a report of a dangerous condition
• $5,000,000 settlement for laborer who suffered an electric shock while working on a high-rise building
• $5,000,000 settlement for union rigger with arm and leg injuries after falling 35 feet from scaffold
• $5,000,000 settlement for Local 282 teamster hurt by unsecured plank at construction site, causing serious hip and back injuries
• $5,000,000 settlement for wrongful death in garbage truck accident case on West 35^th Street between 5^th and 6^th Avenue
• $5,000,000 settlement for union ironworker struck by a scissor lift on a high-rise construction job in midtown Manhattan
• $4,500,000 settlement for client that tripped and fell on an unsafe jobsite, requiring knee surgery
• $4.475 million settlement awarded to children of ironworker who succumbed to his injuries after falling through an unstable floor
• $4,200,000 settlement for a worker who fell from a ladder after a rung broke beneath him
• $4,083,333 settlement for a foreman injured in an elevator accident
• $4,000,0000 settlement for worker who fell from an unsecured ladder and required multiple ankle surgeries
• $3,600,000 settlement for worker who fell from unsafe scaffolding while restoring a building facade
• $3,500,000 settlement for pedestrian struck by falling limestone cement on Park Avenue
• $3,500,000 award for a union carpenter who suffered injuries to his head when struck in the head by a metal beam during the erection of scaffolding
• $3,450,000 settlement for carpenter who underwent two-level spine surgery after slipping and falling through an unsecured opening while working on a Midtown highrise
• $3,400,000 settlement for man struck by NYC Parks Department vehicle in Central Park
• $3,000,000 settlement for worker who fell while working on top of a disabled elevator
• $2.85 million settlement for Local 79 union laborer who fell at a Harlem construction site
• $2,700,000 settlement for ankle injury sustained by laborer for the Cement and Concrete Worker’s Union in fall at construction site
• $2,700,000 settlement for Local 1 union plumber injured after fall on Manhattan hotel job site
• $2,650,000 settlement for a Local 3 Union electrician who injured his back in downtown Manhattan after falling on defective stairs
• $2,600,000 settlement for Local 79 union worker injured when the floor beneath him collapsed
• $2,500,000 settlement in demolition worker hurt on the job after not being provided an adequate ladder
• $2,250,000 settlement for 68-year-old whose surgeon caused nerve damage during back surgery
• $2,250,000 settlement for a window washer who fell from a NoMad building and suffered left arm and hip fractures
• $2.15 million settlement for fractured wrist and foot in work-related accident on Madison Avenue
• $2,000,000 settlement for a client riding in a vehicle when it was rear-ended by an MTA bus.
• $2,000,000 settlement for painter who suffered injuries after ladder fall
• $2,000,000 awarded to security guard who was rear-ended and required back surgery
• $2,000,000 settlement for an electrician injured by falling HVAC duct at worksite on 28^th Street
• $1,950,000 settlement for union carpenter who was injured working on the Second Avenue subway project
• $1,900,000 settlement for bricklayers and allied craftworkers Local 1 Journeyman injured at Hell’s Kitchen construction site
• $1,850,000 settlement for laminectomy after on-the-job accident repairing cable and internet connections
• $1,525,000 settlement for a union steamfitter who tripped and fell over a spool of cable while renovating an office in Manhattan
• $1,500,000 settlement for a 59-year-old pedestrian struck by a city-owned vehicle in Tribeca
• $1,350,000 settlement for undocumented construction worker recovers in finger amputation suit
• $1,325,000 settlement for worker with severe lacerations from shattered glass
• $1,325,000 settlement for a carpenter that fell off a ladder during restaurant construction
• $1,000,000 settlement for a man who suffered severe lower back injuries after falling in an upper Manhattan apartment building

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