Articles Tagged with Personal Injury

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Recently, Edward R. Averbuch, an attorney here at Leav & Steinberg LLP, was successful in helping a client file a lawsuit against his auto insurance provider after they attempted to dismiss his claim.

Ed was representing a war veteran who was rear-ended by a truck while stopped at a light. Although the truck driver admitted that he was at fault to the police, the defendant’s insurance company contested our client’s injuries and moved to dismiss the case by arguing that our client did not sustain a serious injury as required by law.
A police motorcycle parked behind a car accident, representing the personal injury services of Leav & Steinberg LLP in New York, NY

There were two challenges that we faced in this case. First, the injuries sustained by our client are not typically associated with auto accidents. Our client suffered an aggravation of a urethral sling that required cystoscopy and the transurethral removal of mesh inside of his body. Second, our client had complications related to the urethral sling that required surgical intervention on two occasions before the accident.

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Partner Daniel T. Leav settled a case at private mediation in November 2019, where Leav & Steinberg LLP represented plaintiffs who suffered injuries in an incident that took place in January 2015. The case was handled from the inception to trial prep by partner Daniela F. Henriques.

The Incident That Caused the Injuries

A construction site representing construction accident personal injury attorneys Leav & Steinberg LLP in New York, NYThe plaintiffs, a mother and daughter, were walking on the sidewalk alongside an active construction site in Queens, New York, when a construction wall collapsed and fell onto them, causing them to be knocked to the ground. The project was massive; it was the construction of a 20-family mixed-use building. There was a construction wall to the left of where the plaintiffs were walking on the sidewalk. There was no flagman; there were no cones; there were no barriers; there was no indication that the sidewalk should not be used. As the plaintiffs were walking past the construction site, they were struck by a heavy piece of construction wall that collapsed and fell onto them. The force of the fence caused both plaintiffs to fall and strike the ground. The brunt of the construction wall struck the daughter’s head and she lost consciousness at the scene.

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