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Case Results

Results speak louder than words. The Syracuse New York personal injury attorneys at Michaels & Smolak have had numerous six and seven figure “results” for victims of negligence and medical and legal malpractice in the Central New York area and beyond. Here are some of our results. (Note that due to confidentiality agreements, we cannot disclose the specific circumstances or settlement amounts of all of our cases).

$7,750,000 - A mediated settlement for a young man paralyzed from a car crash.

$5,200,000 - Verdict against the State of NY for paraplegia as a result of a failure to properly supervise a person in custody (Settled during the Appeals process for $4.5 million).

$3,800,000 - Settlement on behalf of a construction worker who sustained severe and permanent lung damage from dust created during demolition and construction activities.

$3,200,000 - Jury verdict for young woman who suffered significant scarring from burns in an explosion.

$2,542,376 - Verdict ($3,814,390 with interest after Appeals) - An elderly Parkinson's patient paralyzed and brain damaged due to an equipment malfunction during brain surgery (ask for a copy of the decision and news articles).

$2,500,000 - A woman's doctors failed to properly diagnose cancer.

$2,225,000 - A construction worker injured as a result of a fall from a ladder that was improperly secured sustained a closed head injury including brain hemorrhage.

$2,225,000 - Roofer who fell from an unsecured ladder on a construction site sustaining serious orthopedic injuries including a comminuted depression calcaneus fracture.

$2,225,000 - Settlement after one week of trial -- roofer sustained severe orthopedic injuries from fall from roof

$1,902,000 - Victims of a gas explosion.

$1,900,000 - A driver rear-ended by a tractor trailer resulting in an anterior cervical discectomy and lumbar laminectomy.

$1,850,000 - A construction worker sustained severe back and neck injuries when a tractor trailer rear ended his car.

$1,600,000 - Brain damage to an infant during childbirth.

$1,500,000 - Brain damage to an infant during childbirth.

$1,500,000 - A man suffered a severe and permanent lung injury due to an industrial explosion.

$1,500,000 - A college student suffered an amputation of a leg below the knee due to a boating accident.

$1,300,000 - A passenger who was injured and sustained serious cervical injuries including disk herniations with surgery when the vehicle in which she was riding was rearended.

$1,300,000 - A welder was rear-ended and suffered herniated cervical disks requiring surgery.

$1,250,000 - A woman suffered triplegia from a car crash.

$1,200,000 - A roofer suffered severe orthopedic injuries as a result of a fall from a ladder at an office building.

$1,200,000 - A firefighter’s widow and son recovered this amount for lost income after firefighter died after being negligently ordered into a burning building.

$1,150,000 - A college student suffered a traumatic brain injury in a snowmobile collision.

$1,023,888 - A woman sustained severe fractures to her legs, face and back as a result of a truck turning left in front of her.

$1,000,000 - For a construction worker who suffered a low back injury, requiring fusion surgery, after he fell from a 12-foot scaffold and landed on his feet.

$836,783 - For wrongful death and pain and suffering for the family of a man struck by a truck.

$775,000 - A construction worker who fell from a ladder sustaining multiple fractures including a spinal fracture.

$750,000 - Pain and suffering and wrongful death associated with a misdiagnosis of an aortic dissection.

$750,000 - Mediated settlement college professor whose ankle was severely fractured in a car accident.

$685,000 - An elderly woman pedestrian was struck by a car suffering severe orthopedic injuries.

$625,000 - (Actual, $725,000 with interest). - A woman suffered a severe back injury requiring surgery as a result of a State Police Officer running a stop sign.

$600,000 - A passenger in a motor vehicle when the driver left the road and struck a tree resulting in a fracture of the lumbar spine.

$600,000 - A diseased tree in a State Park fell on a hiker and fractured his tibia and fibula.

$585,000 - To a widower for the wrongful death of his 53-year old wife-homemaker who, as a pedestrian, was struck by a tractor trailer while crossing a road.

$575,000 - A doctor failed to properly treat a fractured arm on a child resulting in permanent limitations.

$560,000 - A man sustained a severe back injury.

$507,000 - For wrongful death arising from medical malpractice.

$500,000 - A roofer who fell from a roof during a construction project sustained a comminuted left calcaneal fracture and other orthopedic injuries.

$500,000 - A doctor failed to diagnose a clot in an elderly woman's foot resulting in an amputation.

$475,000 - A woman who sustained disc herniations and angular tears with radicular symptoms from an automobile collision.

$450,000 - The wrongful death of a motorcyclist struck by a vehicle that failed to yield the right of way.

$450,000 - A woman suffered a shoulder injury from a fall on steps at a State Campus (ask for a copy of the decision and news articles).

$440,000 - Arbitration award for dry-cleaner employee whose hand was crushed and burnt in a shirt press.

$400,000 (verdict) - A driver struck by a tractor trailer causing severe lumbar herniation requiring surgery.

$400,000 - A family of a young man for his wrongful death when another driver crossed the center line of the roadway and struck him head-on.

$400,000 - A construction worker who fell from a ladder securing an iron beam sustaining a comminuted and displaced wrist fracture.

$400,000 - A man with severe orthopedic injuries after a car pulled out striking his motorcycle.

$190,000 including a policy limit offer of $100,000 and $90,000 of uninsured motorist coverage - A bicyclist was hit and thrown off his bicycle and into a guiderail.

$375,000 - A construction worker injured in a fall resulting in a fractured neck.

$375,000 - A child that suffered traumatic epilepsy as a result of an accident.

$350,000 - Front seat passenger who sustained multiple traumas including an open fracture of the distal humerus requiring an open reduction and internal fixation.

$350,000 - A man suffered a disability due to a hospital's failure to diagnose a fracture.

$350,000 - A man was discharged from a hospital with a missed knee fracture and then developed complications.

$340,000 - A construction worker suffered a back injury when a load of blocks fell on him.

$324,869 - A child in a car seat suffered severe facial injuries from a car crash.

$303,245 - Verdict against the State of NY for a man injured on a construction project.

$300,000 - A construction worker injured when a scaffold partially collapsed on him sustaining a mild traumatic brain injury.

$300,000 - A child suffered severe facial fractures in a car crash.

$300,000 - A woman suffered financial losses due to legal malpractice in the sale of her business.

$300,000 - The wrongful death of a man struck head-on on his way to work.

$300,000 - Verdict for man with shoulder impingement syndrome due to a fall from scaffold.

$290,000 - A worker with shoulder impingement syndrome from fall off scaffold.

$285,000 - A woman suffered a back injury requiring surgery due to a car crash.

$285,000 - A construction worker fell from a roof fracturing his ankle.

$275,000 - A motorcyclist suffered orthopedic injuries when a truck turned left in front of him.

$250,000 - A worker injured while operating a lawn mower and struck by a vehicle attempting to make a left hand turn resulting in wrist injury.

$250,000 - A pedestrian who was struck by a drunk driver who sustained a closed head injury and numerous orthopedic injuries.

$250,000 - Settlement - wrongful death of a woman when a careless driver crossed the center line (this consisted of

$100,000 from the driver's insurance carrier and

$150,000 on the supplementary underinsured motorist claim)

$240,000 - A man who was rearended sustaining lumbar cervical disk herniations.

$225,000 - A construction worker whose hand was crushed requiring multiple surgeries when a structure fell onto his hand.

$225,000 - A construction worker suffered a back injury due to a fall from a roof.

$225,000 - A businessman sustained financial losses due to legal malpractice in a real estate transaction.

$217,500 - A man who sustained a fracture to his left distal fibula with ankle joint involvement when a driver failed to yield the right of way during a left hand turn.

$201,785 - A woman who slipped on a wet floor in a drug store when an employee failed to place warning signs after mopping resulting in a torn rotator cuff and impingement of the shoulder requiring surgery.

$200,000 - Serious orthopedic injuries to an elderly man and his wife when they were struck by a car which failed to yield the right of way.

$200,000 - A man who sustained a mild traumatic brain injury including a subdural hematoma when his vehicle was rear-ended by a driver following too closely.

$200,000 - A family of an elderly woman who was killed as a passenger in a vehicle in which the driver lost control and veered off the roadway striking a telephone pole.

$200,000 - A woman struck in a parking lot by a vehicle making a left hand turn into a parking spot sustaining a femur fracture requiring surgery.

$197,000 - A couple who was hit head on by a vehicle that left its lane resulting in multiple fractures.

$195,000 - The death of an elderly woman who was killed while a passenger in a vehicle that was t-boned by an inexperienced driver.

$155,000 - Mediated settlement in a legal malpractice claim against attorneys that missed the statute of limitations in an injury case.

$150,000 - A passenger in a motor vehicle who was struck during whiteout conditions and resulted in a cervical disk herniation.

$150,000 - A student injured when she slipped on a poorly maintained icy walkway resulting in a bimalleolar fracture of the right ankle.

$150,000 - A dock worker injured while operating a forklift to unload a tractor trailer when the trailer’s landing gear collapsed.

$150,000 - A special needs student who sustained serious injuries including a fractured leg during a course of physical therapy.

$150,000 - A woman who sustained cervical injuries requiring surgery when a vehicle attempted a u-turn directly into her path.

$150,000 - An elderly woman who sustained a hip fracture when she was struck by a cart in a shopping center.

$150,000 - A man who sustained internal injuries requiring a bowel resection when an inattentive driver backed into his vehicle striking the driver’s side.

$150,000 - A woman struck from behind sustaining injuries to her cervical disk.

$125,000 - A fall on an ice covered parking lot resulting in a fracture of hip.

$120,000 - A man who slipped and fell as a result of a frozen patch in a parking lot of which the owner had notice and sustained a torn bicep tendon and torn rotator cuff.

$107,347 - Unnecessary surgery.

$100,000 - A woman was injured when a car slammed into a restaurant causing soft tissue injuries to her neck and concussive symptoms.

$100,000 - A man who suffered a herniated disk when his car was struck by another car merging into traffic.

$100,000 - An elderly man struck by a vehicle while crossing the street sustaining multiple fractures.

$100,000 - A passenger in a motor vehicle struck from behind by a delivery person who was distracted by using his cell phone at the time of the collision resulting in a herniated disk in her cervical spine.

$100,000 - A front seat passenger who was seriously injured in a vehicle that ran a stop sign and was t-boned by another vehicle sustaining multiple trauma.

$100,000 - A bicyclist struck while in the crosswalk by a vehicle resulting in a comminuted fracture of his tibia and fibula.

$100,000 - A motorcyclist who was struck by a car making a left hand turn requiring surgical intervention for internal derangement of his right knee including an ACL tear.

$100,000 - A woman who sustained multiple fractures as a passenger in a vehicle that left the road and struck a telephone pole.

$100,000 - A driver struck from behind while in traffic sustaining neck and back injuries requiring injections.

$100,000 (policy limit) - A passenger in a car that was stopped while rear-ended causing a herniated disk in the neck requiring surgery.

$100,000 - A motorcyclist who sustained an ankle fracture when a vehicle pulled into his path.

$100,000 - A motorcyclist who sustained orthopedic injuries when a driver backed out of a driveway into his path

$100,000 - A pedestrian struck in a crosswalk sustaining fractures including a left tibial plateau fracture and tear of her ACL ligament.

$100,000 - A bicyclist struck by a vehicle causing cervical injuries requiring trigger point injections.

$100,000 policy limit - A driver who sustained disk herniations in a collision when another driver ran through a red light and struck his car.

$100,000 - A woman who suffered a fractured sternum and dislocated shoulder requiring surgery when a vehicle backed out of a driveway into her path.

$100,000 - A passenger in a motor vehicle who sustained posterior ligament tear requiring surgery and a distal radius fracture when a driver lost control on a curve and struck another vehicle head-on.

$100,000 (policy limit) - A pedestrian struck while walking along the roadway who sustained a serious arm fracture.

$97,500 - Unlawful and/or illegal harvesting or destruction of trees upon an individual’s property.

$95,000 - A passenger in a vehicle struck while attempting a left hand turn and resulting in a fractured knee.

$95,000 - A woman injured when a vehicle attempted a left hand turn into her path causing a shoulder injury requiring surgery.

$92,500 - A pedestrian struck by a vehicle crossing the street resulting in a fibula and patella fracture.

$90,000 - A pedestrian struck in a crosswalk sustaining a pelvis fracture and tibial plateau fracture requiring surgery.

$90,000 - A woman who slipped and fell on a wet floor sustaining a fractured leg.

$85,000 - A bicyclist who was struck by a car backing from a driveway and sustained a fractured pelvis.

$80,000 - A construction worker who was injured from a fall off a ladder sustaining a fractured wrist.

$75,000 - Women who was hit from behind while stopped in traffic for a light resulting in a neck injury.

$75,000 - A woman who was injured when a car came over to her side of the road and collided head on resulting in soft tissue injuries to her lower back.

$75,000 - Patron in a home improvement store who tripped over a loose cable lying in the aisle resulting in a tear of his medial meniscus of the left knee.

$75,000 - A woman who injured her knee as a result of a fall due to an improperly fitted knee brace.

$75,000 - A driver who was involved in a collision with a vehicle that failed to yield the right of way when pulling from a driveway resulting in a left wrist fracture.

$70,000 - Rochester man stopped at a red light when he was rear-ended resulting in a cervical spine injury.

$70,000 - A driver of a motor vehicle rear-ended while stopped in traffic resulting in a fracture of the tibial plateau and meniscal tear repair of the left knee.

$65,000 - Scarring on leg after a driver prematurely took off causing a passenger to fall who was entering the vehicle.

$63,000 - A pedestrian struck by a motor vehicle with multiple injuries requiring a knee arthroscopic surgery.

$60,000 - A bicyclist who was struck when a vehicle turned left in his path resulting in a clavicle fracture.

$59,000 - A passenger in a motor vehicle struck when its driver attempted to unsafely make a left hand turn resulting in a fracture radius and ulna.

$50,000 - Pedestrian struck by an automobile and sustained a comminuted fracture of the right pubic ramus.

$50,000 - A tractor trailer driver involved in a head on collision resulting in a rotator cuff tear and tendon tear.

$50,000 (policy limit) - A woman struck by a drunk driver and sustained multiple cervical injuries.

$48,750 - A man who was rear-ended by a truck while stopped and sustained soft tissue injuries to his neck.

$45,000 - A pedestrian struck in an intersection while crossing the street resulting in a fracture of his humerus.

$40,000 - A woman who slipped on a wet convenience store floor resulting in a fracture of her foot.

$25,000 - Slip and fall on icy sidewalk resulting in a broken wrist.

Client Reviews
★★★★★
He is one of the top lawyers in central New York & has the accolades to show for this, but in my book he's the top lawyer in the country. I am honored to have had the opportunity to work with Mr. Bersani & to have had him on my team! Matthew
★★★★★
I admire the amount of background work he did which was instrumental in getting me a very good settlement. Also, having never been involved in a personal injury lawsuit, Michael was very patient explaining the legal issues. You're in good hands with Michael Bersani and the firm of Michaels & Smolak. Richard
★★★★★
Dave took over my wrongful death case after it was badly messed up by another lawyer. He was dogged in his pursuit of all the information needed to make a solid case, and he succeeded in bringing it to a very satisfactory settlement. He was honest and straightforward, kind and compassionate through meetings, depositions, court appearances. I highly recommend him. Christine
★★★★★
Dave has handled our legal matters for over 20 years. Always there when we needed him. We were so happy with his professionalism and results that we referred him to several friends. If we ever need this type of service again, Dave will be the first and only call we make. Jackie