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Case Histories

New York City Taxi & Limousine Driver

A New York City taxi & limousine driver lost his wife and son when the airplane they were passengers on crashed after takeoff in New York City. With four more children to care for, the husband and dedicated father was devastated. Reaching out to Lozner & Mastropietro, the client was looking for legal counsel in addition to help with the personal and financial side of this life-altering disaster.

Lozner & Mastropietro attorneys and staff immediately began to investigate the cause of the crash. As a result of the investigation, a manufacturing defect and pilot error were discovered. But the case was not won yet. New York law limits compensation resulting from a loved ones wrongful death to economic losses only. Because the deceased wife was a stay-at-home mother for many years, and the son worked part-time as he went to college, the defendant airline carrier and manufacturer argued that the case had little value. Undaunted, our experienced and talented attorneys convinced the defendants that the case had a much greater value than originally thought. It was ultimately settled for a significant, yet undisclosed, amount.

In addition to winning a substantial award for the family, Lozner & Mastropietro lawyers and staff assisted in the return of all personal property belonging to the deceased mother and son. At the conclusion of the case, we arranged for a financial planner to assist family members with the investment strategies and financial advice that would fulfill their deceased mothers and brothers wishes for continued financial support and educational achievements.


Young Tourist from Russia

A 32-year-old tourist from Russia was visiting a childhood friend in New York City. Before she was due to return home, she was struck and killed by a drunk driver. The young womans friend, aware of Lozner & Mastropietros exceptional attorneys and their ability to speak in her native language, contacted the law firm, seeking legal advice.

After taking on the case, Lozner & Mastropietro attorneys and staff knew that several difficult tasks lay ahead. Not only did they have to litigate to recover damages for her untimely passing, they had to notify the parents of their daughters death, assist with the return of her remains to her home country, and set up and administer her estate. Since her entire family resided in Russia, it was up to the attorneys at Lozner & Mastropietro to act as their clients representative in the U.S.

After comforting the young womans friend, the lawyers and staff had to notify their clients parents in Russia. The task, already very difficult, was complicated by the fact that her parents, residents of a remote region of the country, were already en route to the airport when the accident occurred, unaware of the terrible tragedy that had taken their daughters life. There was no means of contacting the parents until they reached the airport. Lozner & Mastropietro arranged a conference call at the airport with the parents, and made sure there was a grief counselor present to comfort them at that terrible moment when the lawyers informed them that their daughter had been killed in an accident.


Illegal Jamaican Immigrant

A 40-year-old illegal immigrant from Jamaica worked numerous odd jobs in New York to support his wife and young children living in Jamaica. But one day the unthinkable happened: a car struck him, pinning him between a building and an automobile and crushing his leg. He immediately lost his ability to work and support his family. The client underwent a number of reconstructive surgeries at Kings County Hospital. After his stay in the hospital, he was still not ready to walk or return to work. Therefore, Lozner & Mastropietro arranged for him to be transferred to the new Susan B. McKinney Smith Rehabilitation Center, where he spent time receiving physical therapy for his debilitating injury.

Lozner & Mastropietro lawyers and staff burned the midnight oil on many occasions to prepare the case against the driver who struck the worker and the drivers insurance company. Their preparation and legal skills paid off. The case was settled for the maximum allowable payment under the insurance policy. In addition, Lozner & Mastropietro artfully negotiated a substantial reduction of the clients huge medical bills associated with the medical and rehabilitation care he received. Finally, Lozner & Mastropietro assisted the client with his immigration status. The firm arranged for an immigration attorney to apply for a visa for him. With Lozner & Mastropietros help, the injured mans family will face a brighter financial future.


56-year-old female driver

A 56-year-old female driver of a small two-door sedan was seriously injured when an SUV crossed over a double-yellow line at a high rate of speed, sideswiped another vehicle, then struck her vehicle head-on. Our client suffered multiple fractures, lacerations and contusions requiring surgery and long-term hospitalization, as well as years of physical rehabilitation.

The obviously negligent SUV immediately offered its $100,000 policy. Lozner & Mastropietro hired an accident reconstruction expert who was able to establish that the sideswiped vehicle also crossed over the double-yellow line and therefore shared responsibility for the accident. After reviewing our experts findings, the second vehicle offered its $1 million policy, to be split among three injured parties.

The clients health insurance carrier notified our office that it was demanding reimbursement of a medical lien in an amount of $152,000 for medical benefits paid to our client. Extensive negotiations by our attorneys reduced the lien by 90%.


70-year-old female passenger

A 70-year-old female passenger fractured her shoulder and suffered neck and back injuries following a sideswipe accident between two vehicles. Both drivers left the scene of the accident without notifying the police, and a police report was never prepared. Both cars subsequently denied involvement in the accident. After a long and detailed preparation for trial, a favorable settlement was reached with both defendants on the eve of trial.

The client, who was a public assistance recipient (SSI Benefits), was served with a notice of lien from the New York City Division of Liens and Recovery. She was facing the prospect of losing her much needed Medicaid coverage after the personal injury recovery. Our office fought hard for our client at several Public Assistance hearings, and was able to completely extinguish her public assistance lien. The client kept every penny of her personal injury award and her public assistance benefits were unchanged.


* Prior results do not guarantee a similar outcome.