Verdicts And Settlements

At Miller, Montiel & Strano, P.C., we put our skill, experience and resources to work for you in order to bring your case to a successful conclusion as quickly as possible. Sometimes, we can achieve this through a settlement. Other times, insurance companies refuse to make a fair offer. As trial attorneys, we are prepared to fight the insurance companies, and bring your case to trial and verdict in order to get you the compensation you deserve after an auto accident or other injury. Call us in Garden City at 516-484-4010 or email us for a consultation.

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Here is a small sampling of verdicts and settlements we have obtained on behalf
of our clients:

Motor Vehicle Accidents

$6,000,000 settlement; bus hits pedestrian

Our client was crossing West 38th Street at 11th Avenue in Manhattan when she was struck by a left-turning bus and sustained degloving injuries to her left leg. When surgical repairs failed, her left leg was amputated below her knee. After making inadequate offers that we rejected, the insurance company met our demand during jury selection in Supreme Court, New York County.

$1,500,000 settlement following jury verdict on liability; motor vehicle accident

Our client was traveling down Springfield Boulevard near 136th Avenue in Queens when he was cut off by a truck and struck it in the rear. As a result, he sustained fractures to his jaw and nose, and a nerve injury of his left shoulder and arm. The insurance company refused to make an offer, claiming the accident was the fault of our client who was allegedly traveling too fast and struck the truck in the rear. The case was tried before a Queens County jury who disagreed, finding the truck driver 100 percent responsible for the accident.
Following this verdict, the appropriate compensation was secured for our client.

$1,400,000 settlement; partial loss of vision

Our minor client was a front seat passenger in her father’s car as it traveled down Stewart Avenue in Nassau County when it was involved in a collision with another automobile. As a result of the collision, the air bag deployed striking our client in the left eye and causing a traumatic injury resulting in loss of vision. Following complete discovery that included thorough depositions and hiring the appropriate air bag experts, we were able to obtain a just result for our client, prior to selection of a jury.

$1,200,000 settlement; multiple fractures suffered in a car accident

Our client was a 54-year-old municipal employee whose car was struck by a left-turning vehicle causing extensive injuries, including multiple fractured ribs and a fracture to his left knee requiring surgery. He returned to work nine months following the accident.

$930,000 settlement; 81-year-old pedestrian hit by car

Our 81-year-old client was crossing Meadow Farm Road near Old Courthouse Road in New Hyde Park when he was struck by the defendant’s left-turning vehicle. As a result, he suffered a fracture of his right arm as well as bleeding in the brain that caused cognitive impairment. The insurance company claimed the accident was the fault of our client who allegedly walked in front of the vehicle that he failed to see, and they also claimed that any cognitive impairment was the result of our client’s age and not the accident. After we conducted thorough depositions of the driver and other witnesses, the insurer made an appropriate offer to compensate our client for his injuries.

$750,000 settlement; child struck by bus

Our young client was struck by a bus while returning from school. The bus company claimed that our client “darted out” into the street. With detailed investigation and thorough discovery, including depositions of the bus driver, we were able to secure fair compensation for our Queens County client.

$633,000 jury verdict; facial scar to child

Our five-year-old client was a passenger on a school van when it was in collision with a bus on Union Turnpike at 184th Street in Queens. As a result of the collision, our client sustained a laceration of her forehead resulting in scaring. The bus company denied any liability for the accident. After the jury held the bus company responsible together with the operator of the van in its liability verdict, the bus company claimed our client did not sustain a “serious injury” under the no-fault law and was entitled to no damages. The Queens County jury again disagreed with the bus company in its damage verdict.

$505,000 jury verdict; shoulder injured in car accident

Our client was a passenger in an automobile involved in a collision with another automobile at the intersection of Avenue M and East 36th Street in Brooklyn. As a result of the collision, she sustained a tear of the rotator cuff of her right shoulder. The insurance company claimed our client sustained no injuries as a result of the accident relying upon the fact that our client told the police at the scene of the accident that she was not injured, and she went to work from the scene of the accident and worked a 12-hour shift as a home health aide. The jury in Kings County disagreed with the insurance company and compensated our client for her injuries.

$500,000 jury verdict; knee injured in car accident

Our client was driving on Old Country Road in Hicksville when struck head-on by another automobile. He sustained a tear of the anterior cruciate ligament of his left knee but delayed treatment for same. The insurance company claimed that our client fully recovered from any minor injury he may have sustained in the motor vehicle accident. The Nassau County jury disagreed.

$500,000 settlement for motorcyclist

Our client, a 37-year-old motorcyclist, struck the side of a car that darted out in front of her as she traveled down a Queens roadway. As a result of the impact, she was propelled from her motorcycle and suffered a fractured pelvis requiring multiple surgeries. The driver of the car claimed he was stopped on the roadway waiting to turn when our client drove into him. Thorough depositions of the defendant showed his story opposed to the physical proof. This federal court case settled at mediation.

$460,000 settlement for motorcyclist involved in Manhattan collision

Our client, a motorcyclist, suffered a fractured hip requiring surgery after an accident with a motor vehicle he said was making an illegal U-turn. The driver of the car claimed to have been stopped when our client rode into him. The driver had auto insurance with minimum policy limits coverage.

As a result of our law firm’s extensive investigation and thorough depositions, we were able to prove that the driver of the car was working at the time of the accident, thereby involving his employer’s auto insurance coverage. This resulted in more insurance monies available to compensate our client and enabled us to obtain a much more favorable recovery when we presented our proof.

$400,000 jury verdict; knee injured in car accident

Our client was driving her SUV on 76th Avenue in Flushing when the defendant ran a stop sign causing a collision. The insurance company claimed our client was at fault and that the torn meniscus in her knee was not a “serious injury.” The trial proceeded, the defendant was found 100 percent at fault in causing the collision and the Queens County jury’s verdict confirmed the seriousness of our client’s injury.

$320,000 settlement following jury verdict on liability; bus accident

Our client was a passenger on a bus and sustained an injury to her knee when the bus collided with an automobile. Both drivers denied being at fault. We tried the liability issue before a Kings County jury and thereafter secured an appropriate settlement for our client.

$235,000 settlement; herniated disc

Our client was involved in a motor vehicle accident, sustaining a herniated disc as a result. The insurance company initially claimed that the herniation was not caused by the motor vehicle accident but then decided to make the appropriate offer after presented with our medical evidence.

$131,000 settlement; five-car collision

Our client was involved in a multicar accident, sustaining a bone chip in her wrist. The insurance company claimed the injury was not caused by the accident and was minor in any event. Following detailed discovery, our client received the compensation she deserved.

Medical Malpractice

$18,200,000 jury verdict; failure to diagnose blood clot in vein

Our 49-year-old client went to the emergency room complaining of abdominal pain, discomfort and nausea. After being treated and released several times without a proper diagnosis, she was finally found to have a blood clot in the portal vein, but the damage was done as she underwent over 25 corrective surgeries, including removal of a portion of her intestines. We argued that her treatment plan and CT scan interpretations were improper, and a Brooklyn jury agreed rendering an award in favor of our client.

$4,500,000 settlement; failure to diagnose neck fracture

Our 70-year-old client fell down the basement stairs of her Levittown home injuring her neck. She was taken to a local emergency room where a CAT scan was misread, and she was discharged with a broken bone in her neck. She later lost use of her legs and died from complications of this injury. At jury selection in Nassau County, we secured compensation for her spouse and adult children for their tragic loss.

$3,500,000 settlement; failure to diagnose kidney failure

Our client was a 73-year-old grandmother who went to a local hospital complaining of vomiting, nausea and diarrhea. In the emergency room, blood tests were run but the results, which showed our client to be in renal failure, were not timely acted upon. As a result, our client went into cardiac arrest, suffered brain damage and ultimately died. We were able to obtain the appropriate settlement to compensate her adult children, who resided in Nassau County, for their untimely loss.

$2,340,000 settlement; mother injured during child birth

Our client during delivery of her first child sustained a laceration to her perineal area that was neither timely nor properly repaired, resulting in an injury affecting her bodily functions. After conducting extensive depositions of all medical personnel involved, we were able to obtain a favorable settlement for this Nassau County resident.

$1,975,000 settlement; failure to diagnose

Our client appeared in a local hospital’s emergency room on three separate occasions complaining of dizziness, slurred speech and weakness. The emergency room staff attributed the symptoms to various illnesses, including a cold. We claimed these symptoms resulted from decreased blood supply to the brain caused by a stroke in evolution that ultimately caused our client left-sided neurological damage. During the trial of the case before a jury in Kings County, the appropriate settlement was achieved.

$700,000 settlement; perforation of blood vessel during surgery

During hernia repair surgery, our client’s blood vessel was unknowingly punctured causing her to go into shock, requiring a second surgery for repair of the vessel and leaving her weakened. Following our deposition of the surgeon, a fair settlement was obtained.

$310,000 settlement; pressure ulcer (bedsore)

Our 61-year-old client suffered a pressure ulcer (bedsore) during a two-week hospitalization following a surgical procedure. We claimed the pressure ulcer could have been prevented and then, once discovered, should have been managed better to stem its progression. The defendant hospital claimed that our client’s compromised health, malnutrition and immobility made the pressure sore unavoidable. Fortunately, the pressure ulcer and resulting infection did not invade the bone, and as a result our client enjoyed an excellent recovery.

Construction Accidents

$2,867,808 jury verdict; dangerous machinery

Our client, a construction worker, was assigned to work with a milling machine on the roadway of 164th Street near Crocheron Avenue in Queens County. As the milling machine approached a manhole cover, our client was unable to stop the machine because it was not supplied with an appropriate cutoff switch. The machine lifted the manhole cover propelling it into our client’s right leg, causing severe fractures of his right ankle necessitating multiple surgeries. The defendant refused to pay blaming the incident on our client. The Queens County jury disagreed and said so in its verdict.

$1,275,000 settlement; Queens County construction site accident for union worker

Our 45-year-old client fell down the ice and debris covered stairs while working at a construction site. He suffered a fracture of the smaller bone in the lower portion of his leg as well as an aggravation of a prior back injury requiring surgery. The general contractor claimed the accident was all our client’s fault but our proof to the contrary led to a beneficial result.

Dangerous Property/Premises Liability

$2,250,000 jury verdict; deck collapse

Our client, an assistant teacher in a Queens nursery school, opened the door of her classroom and stepped out onto a deck that collapsed beneath her, resulting in an injury to her lower back for which she ultimately required surgery. The insurance company claimed that the accident was not the cause of our client’s injuries. The jury in Queens County disagreed, and their verdict indicated so.

$509,607 jury verdict; retail store accident

Our 10-year-old client was walking down the ramp of a discount store when her middle finger got caught on a protruding portion of a tubular handrail, amputating it at its base. The finger was reattached, and the insurance company claimed that our client had a complete recovery from her injury, which in any event was not their fault but was the fault of the child who was improperly using the handrail. The jury in New York County disagreed.

$235,000 settlement; fall on broken sidewalk

Our client tripped and fell on a broken sidewalk and fractured her elbow. The insurance company claimed our client caused the accident because she was distracted by family members and not looking where she was going. We prevailed in obtaining a favorable settlement.

Sexual Abuse

$4,500,000 verdict; abuse of minor

Our two young clients were sexually abused by their next-door neighbor, a man who gained the trust of their family. The case was tried before a judge in Suffolk County who rendered the damage verdict.

Although prior results do not guarantee future outcomes, we do guarantee to give you the same personal attention, expertise and dogged determination these clients received.