David B. Lever

$12.2 million  Construction (labor law) ladder fall accident /Traumatic neck and back injuries and lost income /Jury verdict

Our client suffered traumatic and life-altering neck and back injuries, including a burst fracture, when he fell from a significant height off a ladder on a construction site, leaving him disabled and unable to ever return to work. These injuries required multiple surgeries, including fusion surgeries at multiple levels of his spine. After the defendant refused to negotiate a reasonable settlement of the action, we proceeded to trial. The jury first found the defendant 100% liable for our client’s fall and injuries, then awarded our client $12.2 million in damages, composed of past and future pain and suffering, past and future medical expenses and lost income.

$12 million Pedestrian struck by bus/wrongful death following lengthy conscious pain and suffering

Tragic bus collision involving pedestrian in crosswalk, causing catastrophic injuries which ultimately resulted in the pedestrian’s wrongful death two weeks later. Lever & Ecker, PLLC, was able to obtain $12 million in compensation on behalf of the surviving family. Not only was this settlement (the specific terms of which are confidential) one of the largest personal injury settlements in New York in 2020, we were able to resolve the case at an early stage, allowing the family to obtain a measure of closure and avoid the trauma of reliving the experience in court.

$8.8 million Trip and fall accident/significant neck injuries and lost income

Lever & Ecker’s client tripped and fell in a pothole in a parking garage in New York, causing the firm’s client to suffer significant cervical injuries which required multiple surgeries, resulting in a significant loss of income. At trial, the jury agreed with our argument that the defendants were fully responsible and rendered a 100% liability verdict against them. Thereafter, as the damages phase of the trial was about to commence, Lever & Ecker negotiated an $8.8 million settlement on behalf of our client, reflecting the significant pain, suffering, and lost income she suffered as the result of a single step that changed her life forever.

$3.48 million Pedestrian accident/leg injuries

Pedestrian knockdown resulting in client sustaining significant lower leg injuries.  The defense argued that our client made a favorable recovery. Lever & Ecker was successful in obtaining a settlement of $3.48 million, providing our client and family financial security for an uncertain future.

$3 million Medical malpractice/failure to diagnose cancer

Medical malpractice action brought for client based on a major metropolitan hospital’s failure to diagnose cancer.  The hospital argued that an earlier cancer diagnosis would not have changed her outcome.  We vigorously disputed this, and we were successful in obtaining a settlement of $3 million, which enabled our client to obtain resolution of her claim and make financial plans for her family’s future.

$2.8 million Construction (labor law) accident/back injuries

Our client, a construction worker, fell from a scaffold, sustaining significant back injuries which required surgery. The defense argued that our client made a full recovery from his injuries and could return to work, which we firmly disputed. We were successful in obtaining a settlement of $2.8 million, which provided our client and his wife the ability to regain a measure of dignity in their lives following a very difficult ordeal.

$2.15 millionMotorcycle accident/wrongful death

Motorcycle accident resulting in the rider’s death. The defense argued that the rider was the cause of the accident. Following a lengthy trial, the jury found otherwise, awarding our client $2.15 million, providing the family with financial security for the future.

$2 million Construction (labor law) accident/shanty collapse

Construction site accident resulting from collapse of temporary worksite shanty onto our client, a construction worker. The accident resulted in significant shoulder and neck injuries, necessitating shoulder surgery and continued medical treatment. Lever & Ecker successfully resolved the matter prior to trial for our client for $2 million, providing him financial security for an uncertain future.

$1.9 million Pedestrian accident/foot injuries

Pedestrian knockdown resulting in significant foot injuries to our client. Lever & Ecker successfully demonstrated that our client had the right-of-way, and obtained a settlement of $1.9 million out of a $2 million policy just eleven months after the accident.

$1.55 million Pedestrian accident/lumbar spine and ankle injuries

Our client was struck by a car while in a crosswalk in New York City, resulting in significant injuries to her lower back and left ankle. The Court granted our motion finding that the defendant driver was entirely at fault for the accident, yet the defendant continued to dispute the severity of our client’s injuries, based in part on a defense that her injuries were pre-existing. However, through our aggressive efforts and zealous advocacy we were able to recover $1.55 million for our client, to properly compensate her for the significant injuries she endured as a result of the accident.

$1.5 million Construction (labor law) accident/hip and wrist injuries

Our client fell off an elevated platform, sustaining hip and wrist fractures requiring surgery. The defense argued that our client was the sole proximate cause of his accident, i.e., that the accident was entirely his fault. Lever & Ecker was successful in defeating the defense’s arguments, and obtained a settlement of $1.5 million prior to trial.

$1.5 million Trip and Fall on a Defective Stairway

Our client was a postal worker who tripped and fell on a defective stairway and suffered lasting orthopedic injuries.

$1.3 million Trip and fall/back and knee injuries

Our client fell into an uncovered hole in a basement, sustaining rib fractures, knee and back injuries. We refuted the defense’s arguments that our client should not have been in the basement and that his injuries were not significant. Lever & Ecker was successful in obtaining a settlement of $1.3 million prior to trial.

$1.3 million Tree fall liability/head injury

Our client was seriously injured when a dead tree which should have been removed by the property owners fell on her, causing serious and life-altering injuries. Lever & Ecker was able to successfully resolve the matter for our client in the early stages of the case, for the maximum amount of available insurance coverage of $1.3 million.

$1.25 million Rear-end auto accident/back injuries

Rear-end auto accident causing lower back injuries to our client. The defense argued that our client’s injuries were all pre-existing and took a no-pay position prior to arbitration. Our firm defeated the defense’s arguments, and received an arbitration award of $1.25 million, which represented the full policy limits of available insurance.

$1.25 million Motorcycle accident/leg injuries

Motorcycle accident caused by driver who turned without observing our client, causing significant leg injuries requiring surgery. Our firm was able to resolve the case for our client at an early stage for the full policy limits of available insurance of $1.25 million.

$1.25 million Motorcycle Accident/Abdominal Injuries

While riding a motorcycle, our client was involved in a significant collision when an individual operating an SUV made a left turn without observing or yielding the right of way to our client. As the result of the collision, our client suffered multiple severe injuries, including abdominal and arm injuries, requiring surgery and long-term follow-up care. We were able to establish the other driver’s fault for the accident very early in the case, shortly after which the matter resolved for the full policy limits of available insurance of $1.25 million.

$1 million Motorcycle accident/leg injuries

Head-on motor vehicle collision caused by driver who crossed over the double yellow line on a busy roadway, resulting in serious leg injuries requiring multiple surgeries. Lever & Ecker was able to secure the full policy limits of available insurance of $1 million for our client in less than six months.

$1 million Rideshare driver injured in car crash

A rideshare driver who was injured in a motor vehicle accident caused by a negligent motorist.