Case History

Case History

For over twenty years, the Law Offices of Brian J. Elbaum has successfully prosecuted cases recovering MILLIONS OF DOLLARS on behalf of its clients.

Here are a few examples:

 Construction Law

Construction sites can be dangerous places. Construction law includes every type of accident that can occur on a construction site. New York has an entire body of law known as the Labor Law specifically for construction site accidents. These are just a few of the Construction Law cases we’ve handled:

  • Our client was an electrician in his 40s running cable above a drop ceiling when his ladder collapsed, fracturing his ankle in the fall. He endured intense pain and suffering, and his doctors were prepared to testify that he would continue to suffer in the future.

The defendant refused to make a meaningful settlement offer, so we fought. We took the position that the ladder was the functional equivalent of a scaffold under Labor Law 240(1), and that our client was entitled to summary judgment – the court agreed and we leveraged that decision to a $500,000 settlement for our client.   

  • We represented a 34-year-old laborer from Queens who required surgery to repair his knee after a chimney had collapsed on him during demolition of a building in Manhattan.

We again were granted summary judgment and a violation of Labor Law 241(6), and again leveraged that victory to achieve a $450,000 settlement.

  • Our client was a construction worker in his 50s from Queens. He suffered a shoulder tear, neck and back injuries when a wood post fell from atop a scaffold.

We resolved the case on our client’s behalf for $200,000 during a conference with the Appellate Division.

  • We represented a metal worker from Queens who fractured his finger when a metal subway grating was dropped on his hand by co We convinced the judge to deny defendant’s motion for summary judgment by highlighting numerous industrial code violations. The defendant relented during jury selection, and settled the case just before trial.

Premise Liability:

Premise liability describes an action where someone is injured in a place where another person or business controls the maintenance of that place and that maintenance is neglected. These often come in the form of slip or trip and falls. These are just a few of the Premise Liability cases we’ve handled:

  • Our client was a woman from Queens in her mid-50s who several health issues before her accident. She slipped and fell outside of her apartment building because the parking lot was covered with snow, ice, and potholes.

Her fall aggravated her prior existing conditions, leading to knee replacement and neck, back, and shoulder injuries. The defendant refused to offer our client enough money to compensate her for her injuries, and we continued to fight for everything she deserved. We settled the case before trial for $550,000.

  • We represented a nanny who suffered a displaced fracture of her finger and required surgery after she fell down the steps at her employer’s home. We agreed to mediation, and resolved the case on her behalf for $325,000 after successfully arguing that the stairs were defective in violation of New York building code.
  • Our client was a teenager who was badly burned while taking a shower at the family’s home. We resolved the case for $175,000 after successfully arguing that the water temperature had been set at an unsafe level.
  • We represented a woman in her mid-70s who slipped and broke her leg outside her physician’s office. We resolved the case for $175,000 after successfully arguing that the office failed to warn patients about a slippery condition caused by excessive use of cleaning products.     

Medical Malpractice & Dental Malpractice

Medical malpractice occurs when your doctor or dentist falls below an accepted standard of care, and either does something or fails to do something that he or she should have done or refrained from doing. These are just a few of the medical and dental malpractice cases we’ve handled: 

  • Our client was a retired schoolteacher from Staten Island. She was admitted to the emergency room during a holiday weekend with left jaw pain, a common indicator of cardiac distress. Despite this, her heart catheterization was delayed until Monday. In the meantime she was connected to a heart monitor, but the monitor failed to work and our client suffered a heart attack.

After the hospital refused to agree to our settlement demand, we successfully argued that the hospital was negligent in both failing to conduct the heart catheterization immediately, and in failing to maintain its monitoring equipment. We settled the case during the trial and, what’s more, the hospital renovated its monitoring equipment and protocol so that nothing like this would ever happen again.     

  • We represented a woman in her late 40s from Brooklyn visiting Woodhull Hospital for a routine procedure under anesthesia. She was discharged shortly after the procedure despite still being weak and lightheaded. She fell unconscious shortly after arriving home and was transported back to the hospital by ambulance.

She died a few days later. We argued that the hospital committed malpractice by failing to properly consult with a cardiologist, and by failing to take proper precautions prior to discharge. We obtained a $500,000 settlement for her family.

  • Our client was a man in his 30s who went to the dentist for removal of an impacted tooth. The dentist inadvertently severed a major artery, and he nearly bled to death as his dentist referred him to an oral surgeon rather than immediately to a hospital.

We successfully argued that the procedure should have been performed in the first place by a trained oral surgeon, in a hospital setting, and with proper X-rays. We obtained a favorable settlement for our client before trial.

  • We represented a patient who had been badly neglected at a long-term care facility after his family discovered multiple Stage 3 and Stage 4 bedsores. We obtained a settlement of $250,000 for our client relating to negligent causation and treatment of the bedsores.  

Motor Vehicle Accidents

Motor vehicle accidents include any injuries from a car, motorcycle, or truck, whether your injuries were sustained when you were a driver, passenger, or pedestrian. These are just a few of the motor vehicle accident cases we’ve handled:

  • Our client was a 25-year-old woman from Brooklyn who suffered multiple injuries when she was struck by a vehicle on the Henry Hudson Parkway. She had been a passenger in her friend’s Volkswagen until the two began to argue and her friend pulled over to the shoulder and ordered her out of the car.

Our client made it from the car to the island between the north and southbound lanes, but was struck when she attempted to cross again to get help from a police officer. We obtained a $250,000 settlement for our client.      

  • We represented a young man who suffered a torn knee after being struck by a motor vehicle while making a delivery of food. We successfully argued that the defendant caused the accident by failing to stop at a stop sign, and settled after achieving a verdict on liability for the entirety of his policy.
  • Our client was a woman in her 50s riding in an ambulette that stopped short, causing her to fracture her neck. We successfully argued that the ambulette service failed to properly restrain her wheelchair, and obtained a settlement in the maximum amount of the company’s insurance policy.

Bar & Nightclub Assaults

It is unfortunate but not uncommon for bars and nightclubs to serve too much alcohol to patrons, who in turn cause injury to other patrons. Neither is it uncommon for their security staff to get overzealous in its use of force. These are just a few of the bar & nightclub assault cases we’ve handled:  

  • Our client was a 33-year-old woman from the Bronx who suffered a fractured kneecap requiring surgical intervention when an untrained nightclub bouncer pushed her to the ground in his haste to address an unrelated disagreement between two other patrons.

The defendant refused to make a realistic settlement offer, and we stood our ground and prepared to go to trial. With trial on the horizon, the defendant ultimately surrendered and we obtained a settlement of $393,500 for our client during a court settlement conference.    

  • We represented a 31-year-old taxi driver from Queens who suffered a fractured orbital bone when he was struck by a security guard at a nightclub. We obtained a settlement of $80,000 after a lengthy litigation.
  • Our client was a bowling alley manager from Queens who was assaulted outside a nightclub by an intoxicated patron and had his nose broken. We obtained a favorable settlement on his behalf.

Department of Education Negligence

You trust your children to the Department of Education, and far more often than not they do a good job. But when they violate that trust, they should pay, not you and your children. These are just a few of the Department of Education negligence cases we’ve handled:

  • We represented a 14-year-old student from Staten Island who was permitted to leave the schoolyard to retrieve a ball. She was struck by motor vehicle, fracturing her clavicle and causing severe emotional distress.

We successfully argued that the school failed to supervise properly, and obtained a $175,000 settlement for our client.   

  • Our client was an 11-year-old girl from Westchester who suffered a substantial knee injury when she fell on a piece of protruding metal on the playground. We obtained an $85,000 settlement for her and her family before trial.
  • We represented a 12-year-old student from Brooklyn who was assaulted by a fellow student. We obtained a $60,000 settlement for our client.

City of New York/Department of Transportation Negligence

The City is obligated to maintain those parts of the city over which they have control. When you are injured on City property because they City failed to do its job, it’s the City who should pay for that mistake, not you. These are a few of the City of New York/Department of Transportation negligence cases we have handled:

  • Our client was a woman in her 40s from Queens who fractured her ankle when she fell on a defective curb. We obtained a settlement of $125,000 for her just before trial.
  • We represented a retired woman in her 60s who suffered serious back and neck injuries after tripping over the remnant piece of a sign post removed by the City. We obtained a favorable settlement on her behalf in the amount of $60,000.

Product Liability and Defective Medication

Product liability actions include any injury that occurs as the result of a product’s malfunction, including medication.  These are just a few of the product liability and defective medication cases we’ve handled:

  • Our client was a young home healthcare aide in her early 30s who suffered substantial liver damage after ingesting an over-the-counter weight loss medication. We obtained a favorable settlement for our client, the amount of which is subject to a confidentiality agreement.
  • We represented another woman in her 30s who suffered a back injury after her chair spontaneously collapsed. We successfully pursued our client’s claim against the chair’s Italian manufacturer and ultimately obtained a favorable settlement for our client that is subject to a confidentially agreement.
  • Our client was a 31-year-old man from Westchester who suffered a significant ankle injury when his jet ski malfunctioned. The defendants aggressively disputed liability by claiming that the plaintiff was at fault, before they yielded and agreed to our settlement demand.      

 

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