Practice Areas and Legal Definitions

Medical Malpractice:
Medical malpractice is the failure of a health care provider to follow the accepted standards of practice of his or her profession in the community where the service is rendered.  If a physician was careless, lacked proper skills or disregarded standardized rules resulting in injury to a patient, a jury may find the health care provider liable for negligence.  Hospitals can also be held liable for the negligence of their employees, including staff nurses and technicians.

Examples of Medical Malpractice include:

• Failing to diagnose a tumor while reading an x-ray
• Puncturing a nearby organ or tissue during surgery
• Failing to order necessary and appropriate medical tests
• Failing to diagnose a condition in time to treat it properly
• Failing to refer a case to a medical specialist
• Prescribing incorrect medication
• Brain Injury
• Birth Injury
• Cerebral Palsy
• Incorrect diagnosis that results in a failure to treat a medical condition
• Failing to properly administer anesthesia
• Emergency room negligence
• Dental Malpractice
• Cosmetic Surgery Malpractice

• Birth Injury: Birth injury malpractice is the failure of an obstetrician to properly perform his or her duties; i.e. failure to administer blood tests to detect abnormalities that can result in death or serious injury to both the mother and fetus.  If you have been injured because of improper medical care you may have a claim against the obstetrician/gynecologist who treated you.  However, statutes of limitations bar the filing of claims after a certain period of time following the negligent act.
• Cerebral Palsy: Cerebral palsy is permanent brain injuries that affect an infant in the womb, during birth, or in the months following birth and is one of the most common birth injuries in the United States.  Cerebral palsy patients are subject to limited motor skills, speech difficulties and learning disabilities.  When cerebral palsy occurs as the result of medical malpractice, the responsible party inflicting said injuries can be held legally responsible.  Examples of medical malpractice during delivery include leaving the baby in the birth canal too long resulting in oxygen deprivation, and/or failing to perform or delaying a necessary C-section.
• Anesthesia Negligence: Medical malpractice injuries can occur when anesthesia is improperly given or not given in a timely manner to a patient during a surgical procedure. If the failure of the anesthesiologist is the cause of injury or death to a patient, damages may be recoverable under the laws of medical malpractice.

Slip and Fall/Premises Liability:
Slip and fall accidents can happen anywhere and can cause serious personal injury.  Most slip and falls happen in commercial settings, such as grocery stores, drug stores, office buildings, construction sites, gas stations and malls, but they also happen on private property.  Premises Liability accidents can include toxic exposure, animal attacks, swimming pool accidents and amusement park ride accidents.  In any event, there exist duties on the part of the property owners to maintain the property responsibly and avoid the existence of hazardous conditions.

Dangerous or defective conditions may be large or small, temporary or permanent.  Therefore, investigation of the claim is essential to a successful case.  Temporary conditions such as water on the floor of a grocery store, or snow and ice on the stairs of a restaurant need to be investigated quickly.

Construction/ On-the-Job Accidents:
Construction labor makes up one of the three most dangerous occupations in the United States today; each year producing thousands of debilitating injuries and wrongful deaths.  Factors that contribute to construction accidents include workers lifting loads with worn and weathered cables, working on elevated platforms without fall protection or wearing defective safety harnesses and lanyards, and/or working in trenches with improper benching and using outdated tools and equipment.  Farming and manufacturing accidents, as well as the oil and gas industry accidents can also cause serious injury and toxic exposure.

• Toxic Exposure: Due to the tremendous growth of corporate industry in the United States over the past fifty years, the number of dangerous, toxic substances in the environment has grown significantly.  Some toxic substances are shown to cause substantial injury to people, such as lead-based paint (linked to brain damage, especially in children), asbestos (linked to lung cancer and restrictive lung disease), dry cleaning and other solvents (linked to brain damage and major organ damage), pesticides such as dioxin and DDT (linked to birth injuries) and toxic landfill waste (linked to leukemia).

Vehicle Accidents:
Legal claims that arise from vehicle accidents are typically governed by the law of negligence.  Any individual who negligently operates a motor vehicle may be required to pay damages to an injured victim.  A personal injury case involving a vehicle accident may become formalized through civil court proceedings or may be resolved through an informal settlement before a lawsuit is filed.  Vehicle accidents can include:

• admiralty and maritime law
• ATV accidents
• automobile accidents
• aviation accidents
• bicycle accidents
• boating accidents
• commercial bus accidents
• cruise ship accidents
• intersection accidents
• motorcycle accidents
• pedestrian accidents
• rear end collisions
• semi-tractor trailer accidents
• school bus accidents
• SUV rollover accidents
• train accidents
• truck accidents
• yacht accidents

The surviving family members of a fatally injured accident victim may be able to bring wrongful death charges against the defendant.

Automobile Accidents:
A car accident is a collision involving an automobile and anything that causes damage to the automobile, including other automobiles, telephone poles, buildings and trees. Sometimes a car accident may also refer to an automobile striking a human or animal. Car accidents — also called traffic collisions, auto accidents, road accidents, personal injury collisions, motor vehicle accidents and crashes — kill an estimated 1.2 million people worldwide each year, and injure about forty times this number.

Bicycle Accidents:
According to the Federal Highway Administration, over 67,000 cyclists in the U.S. are injured every year in accidents involving motor vehicles.  Many cyclists who are injured in bicycle accidents are unaware that they have a personal injury case and that they may be entitled to compensation for injuries, pain and suffering, medical bills and lost incomes.  A cyclist may be entitled to receive compensation for an injury sustained because of a pothole, poor road or defective sidewalk.  There are state mandated residential and commercial bicycle laws, which entitle cyclists to observe different traffic rules than cars, trucks and other motorized vehicles.  This may mean that the cyclist is not legally responsible for an accident. 

Motorcycle Accidents:
Motorcycle riders are often exposed to dangers not met by automobile drivers and other motorists on the road.  The lack on any substantial protective barriers, as well as the difficulty that other motorists may have in seeing or stopping for a motorcycle, leaves riders prone to serious personal injury in the event of an accident.

Train Accidents:
Train accidents can result in injuries such as sprains and fractures, catastrophic injury such as head trauma, brain damage, paralysis and loss of lives or property.  Train accidents can include derailments, collisions with passenger vehicles or other trains, grade crossing accidents or accidents due to mechanical failure.  It is the railroad company's responsibility to ensure that there are appropriate signals and gates at every railroad crossing for safety precautions.  If the railroad company fails to take such precautions, they are liable for any injury or death that ensues.  Victims of train accidents may be entitled to compensation for pain and suffering, medical expenses, property damage, lost wages and loss of earning capacity. 

Defective Products:
Products liability refers to a manufacturer or seller being held liable for placing a defective product into the hands of a consumer.  Products liability cases may include defective or poorly designed machinery, tools, motor vehicle defects, recreational products, pharmaceuticals and other defective products and equipment.  A person injured by a defective or dangerous product may be eligible to file a lawsuit for product liability.  Damages can be recovered under one of the following categories:  strict products liability; negligence or breach of warranty.

If you or someone you know in Manhattan, Brooklyn, The Bronx or Queens needs the assistance or skilled legal counsel of an experienced New York Personal Injury Lawyer, contact Leav & Steinberg, L.L.P. today at 866-435-1609, or complete the contact form provided on this site to schedule your free consultation.

Professional Profiles

If you or someone you know has been injured as a result of someone else’s negligence and needs the assistance of an experienced New York Personal Injury Lawyer, contact Leav & Steinberg, L.L.P. today at 866-435-1609, or use the contact form provided on this site to schedule your free consultation.

Leav & Steinberg, L.L.P.  provides aggressive representation through a practice dedicated exclusively to obtaining the maximum recovery for personal injury victims.  New York Personal Injury Attorneys Daniel Leav and Edward Steinberg both have extensive trial experience resulting in six- and seven-figure verdicts and settlements.

FIRM ADDRESS:
Edward Steinberg
Leav & Steinberg, L.L.P.
120 Broadway, 18th Floor
New York, NY 10271
Phone: 866-435-1609
Hours: M-F, 8:00AM-5:00PM

MEMBERS OF THE FIRM:

Edward A. Steinberg, Partner

Edward A. Steinberg has represented and assisted victims of significant personal injury and medical malpractice cases for the past 18 years. Since the late 1980's, as a paralegal at a law firm which specialized in representing accident victims, Mr. Steinberg has gone on to attend College and Law School in the evening while working full time on behalf of victims. He graduated law school while an editor of the Law Review.  At Leav & Steinberg he has assisted hundreds of clients and their families in their time of need. He has been able to recover over $15 million for the firm's clients in the past four years alone. One noteworthy case involved a woman who was seriously injured and the responsible party refused to compensate her for her injuries. The client ultimately recovered more money than was available in the defendant's insurance policy, making Mr. Steinberg one of the only attorneys in New York City to do so.

He is also a member of the New York State Trial Lawyers Association, the New York State Bar Association and a member of the American Association of Justice (formerly the American Trial Lawyers Association). He has also been counsel to the Brain Injury Society, a non-profit organization which helps those who suffer from traumatic brain injuries.

Mr. Leav has been a guest commentator on Fox Television, and featured on CBS News, and in the New York Daily News, and the New York Post.

“Understanding how insurance companies think and evaluate cases is one of my biggest concerns. I have seen cases drag through the court system, when full value for the injuries could have been obtained earlier. Our expertise and reputation gives many of our clients an opportunity to obtain full value for their injuries quickly and efficiently."

Daniel T. Leav, Partner

Daniel T. Leav is an experienced trial attorney with verdicts and settlements over the past eight years in excess of $20 million.  Mr. Leav recently received a verdict in the amount of $3.5 million for a client suffering from Reflex Sympathetic Dystrophy due to an accident involving the City and the Transit Authority.  Mr. Leav is a member of the New York State Trial Lawyers Association, New York Bar Association, Association of the Bar of the City of New York (of which he is member of the top tier of attorneys in the Legal Referral Service), and the American Trail Lawyers Association.  He is admitted to practice in New York and in the Eastern and Southern Districts of New York’s federal courts.  He has lectured at Beth Israel Hospital on issues involving traumatic brain injuries, and has contributed to the Brain Injury Society newsletter.

“Although the majority of our cases are settled before trial, we prepare every case with the expectation that it will be presented to a jury.  We are ready, willing and able to expend whatever resources are needed to achieve the maximum recovery for the client.  Preparation is the key to success at trial."

Joseph P. Stoduto, Associate

Joseph P. Stoduto joined the firm in 2004 as an associate.  He is an experienced trial attorney with numerous recent verdicts and settlements to his credit.  Mr. Stoduto is responsible for pre-trial and trial preparation, depositions, and all motion and pleading matters. His unique knowledge and experience in this field and his willingness to work well with clients and listen to their concerns has made him a wonderful addition to the firm. Mr. Stoduto is a member of the New York State Bar Association and the New York State Trial Lawyers Association.

Daniela F. Henriques, Associate

Daniela F. Henriques joined the firm in 2002 as a paralegal while attending law school on a full time basis. Ms. Henriques joined the firm as an associate in 2005 after graduating Cum Laude from New York Law School.  As an attorney, she is focused on pre-trial and trial preparation, motion work, pleading matters and client relations. Ms. Henriques works closely with personal injury victims to obtain cash settlements for their medical expenses, lost wages, and pain and suffering. Her careful assessment, preparation and willingness to help personal injury victims and their families have made her a great addition to the firm.  Ms. Henriques is a member of the New York State Bar Association and the recipient of the New York State Bar Association Legal Ethics Award.

$3.5 Million Dollar Award: was obtained for our client who suffered bilateral decentrated ablation during lasik surgery. Essentially, the laser removed tissue in the wrong portion of both eyes leaving him with significantly reduced visual capacity.

$3.5 Million Dollar Verdict: Plaintiff, female, age 54, was exiting the rear of Transit Authority Bus that stopped directly in front of a defective section of sidewalk. Upon exiting the bus the Plaintiff fell onto the defect and twisted her ankle, breaking her pinky toe. The driver, not realizing that she fell, sped away. Shortly after the Plaintiff developed Reflex Sympathetic Dystrophy, which is a progressive/degenerative disease. The suit was against the Transit Authority as well as the City of New York for having known about the defect prior to the accident. The jury returned a verdict of $3.5 million dollars which included compensation for pain and suffering, and future lost wages. Subsequent to the verdict, the matter settled for an undisclosed amount.

$1,550,000 Million Dollar Settlement: was obtained on behalf of a 42 year old immigrant who underwent laser eye surgery at a well known laser eye center in New York City. After the surgery, the surgeon prescribed the topical use of Mitomycin-C, a drug that was contrainidicated for use. As a result, our client sustained permanent damage to his cornea and was left with decreased visual accuity. The settlement was reached with all parties including the surgeon, the facility and the optometrists.

$1.5 Million Dollar Verdict: Plaintiff a 51 year old female was boarding a New York City train at a station in the Bronx when she slipped in between the train and the platform resulting in her leg being crushed between. The train car was air-lifted off her leg and she was ultimately diagnosed and treated for a crush injury to the nerves of her leg. She also was diagnosed with Chronic Regional Pain Syndrome (RSD). After a trial on Liability where the jury found the Transit Authority 100% responsible, a second jury awarded her $1.5 million dollars for pain and suffering.

$1,450,000 Settlement on Eve of Trial: Plaintiff, a 48 year old laborer was performing work at a construction site when his ladder slipped from beneath him, causing him to fall and cut his non-dominant hand on exposed sheetrock and metal studs.  He sustained a complete laceration of his median and ulnar nerve requiring two surgeries.  He has not returned to work.  Plaintiff moved for summary judgment alleging that the ladder was not adequate as the worksite required him to bend between two walls. The Supreme Court granted our motion and the matter was to proceed to trial on damages only. 

$1,225,000 Million Dollar Settlement Before Trial: Plaintiff, female, age 45, was crossing at an intersection in Manhattan when an off duty traffic cop turned left and struck the plaintiff. She was treated for knee and shoulder injuries with arthroscopic surgeries. In addition, she underwent treatment for a back injury that the defendant would have argued was not caused by this accident. The defendant's doctor had stated that the Plaintiff made a full and complete recovery from her injuries and was not disabled. The Plaintiff had not returned to work and claimed that it was difficult for her to continue working and commuting.

$1,025,000 Settlement Prior to Jury Selection: Plaintiff, male, age 25, was driving east on Seaview Avenue in Brooklyn with his family when the Defendant exited a driveway onto Seaview, cutting him off and causing him to strike the Defendant’s vehicle. Both parties agreed that a double-parked van owned by a third party Defendant obstructed their respective views of the roadway. The Plaintiff was unable to return to work after the accident, which would have presented future lost earnings claims.

$1,000,000 Million Dollar Settlement prior to trial for a 58 year-old retired bus driver who, while on vacation in the Hamptons, was rear-ended by a truck causing lower back injuries which ultimately resulted in spinal surgery and residual pain and suffering. The defendant was arguing that all of the client's pain came from a pre-existing and degenerative lower back condition and that his complaints were unrelated to the accident.

$925,000 Million Dollar Settlement just prior to opening statements was obtained for a 47 year old female who while stepping onto the sidewalk in Brooklyn was caused to trip and fall due to a defective and broken sidewalk adjacent to McDonalds. The client sustained a fracture to her leg as well as torn ligaments in her knee resulting in what is knows as "foot drop" which requires her to wear a brace to lift the lower part of her foot up. The client returned to work and after initial offers of much less, they made an offer that was acceptable to her and her family.

$900,000 Million Dollar Award: was obtained on behalf of a woman who suffered from severe visual defects after lasik surgery. The client had a condition known as Kerataconus which excluded her from being a good candidate for surgery. However, she was not advised of this risk and the doctor performed the surgery anyway.

$850,000 Million Dollar Settlement was obtained for a Plaintiff, 28 years old who was assaulted by staff at an Applebees in the Bronx. The bar staff and the manager had gotten into a verbal dispute with the the client's friends and when asked to leave the manager, plaintiff alleged, called upon the kitchen staff to come and bring kitchen knives to help the situation. Our client left the restaurant but was followed and was assaulted by the kitchen staff outside of the restaurant. He sustained one stab wound to his arm that resulted in the loss of use of several fingers and limitations in grip strength of his non-dominant hand.

$800,000 Settlement at Trial: Plaintiff, male, age 50, was on the back of the Defendant’s delivery truck supervising a package that was being taken from the loading dock. He claimed that he was leaving the back of the truck, which was still open, when the Defendant’s driver pulled out from the dock without warning causing him to fall 5 to 7 feet. The Plaintiff sustained injuries to his right knee and fractured the right fibula, which required surgery.

$700,000 Negotiation During Trial: Plaintiff, female, age 59, was walking home when she saw 2 cars going very fast. One car ran a stop sign and crashed into the other car that was also speeding. Both cars then lost control and hit the Plaintiff causing her to be pinned against a fence. An ambulance took the Plaintiff to the hospital where she remained for 9 days. She suffered a fractured left femur with surgery, a fractured nose, multiple bilateral laceration to her fingers, bruising to the base of the skull, a fractured back, and Post Traumatic Stress Disorder.

$685,000 Award by Jury: Plaintiff, male, age 20, was hit by the Defendant's truck while at work in front of his employer's store. The truck had been pulling away from a parking space when, the Plaintiff claimed, it hit him in the back, dragging him beneath the right front tire. The Defense also contended that the Plaintiff had alcohol in his system at the time. However, the driver admitted that he did not see the Plaintiff when pulling out. The Plaintiff suffered traumatic ear amputation with surgical reattachment and a herniated lumbar disc.

$675,000 Settlement at Mediation: Plaintiff, a 32 year-old laborer was working at a local private college performing sheetrock and taping.  While working, he realized the scaffold was too low for the work he needed to perform. He then asked for a ladder which he placed on top of the scaffold. The scaffold slipped while he was working and he fell from the ladder to the ground, sustaining a fracture to his ankle. After one year of physical therapy he undwent arthroscopic surgery to clean scar tissue from the fracture site. He has returned to work.  The lower court initially denied plaintiff's motion for summary judgment, but we appealed and the matter was reversed by the Apppellate Division. The trial would have addressed damages only.

$650,000 Settlement at Mediation: Plaintiff, female, age 81, claimed that she was struck by the Defendant’s vehicle as she was crossing the street. She claimed that the traffic light was in her favor. The Plaintiff sustained a traumatic brain injury and facial fractures requiring home aide care for an extended period of time. The Defense, however, argued that the Plaintiff made a good recovery, and that she suffers from Alzheimer’s disease and dementia, which was diagnosed prior to the accident.

$600,000 Settled at Mediation: Plaintiff, male, age 31, was an electrician. He was sent to a site with his partner, who had seniority/supervisory control of the Plaintiff, by their employer. The apartment they were working in was being renovated. The Plaintiff’s partner was in the attic running cable through a small hole in the ceiling of the living room of the building. The Plaintiff, using one of the A-frame wooden ladders already on site, was grabbing the wire, ascended the ladder and was standing on the fifth step (second from top). He was reaching and pulling the BX cable through when the ladder fell over and he felt immediate pain in his ankle. He was taken by ambulance to the hospital where he was admitted for 10 days, and had 4 surgeries. He has not returned to work and testified he has weakness and pain in his ankle.

$500,000 Settlement for Injuries: Plaintiff, male, age 27, is the building superintendent of a building owned by Defendant A. He was instructed to repair a leaky valve on a hot water boiler, and he called Defendant's Plumbing Company to the site to replace it. While helping the plumber to remove the valve, it exploded, shooting steam into the Plaintiff’s right arm and torso causing severe burns, which required skin grafting.

$465,000 Award for Injuries: Plaintiff, female, age 18, claimed that she was injured while a passenger in Defendant A’s car, which was racing Defendant B’s car. Plaintiff claimed that defendant C made a left turn in front of Defendants A and B and struck Defendant A, causing the Plaintiff to be thrown out of the car. She sustained skull and facial fractures and subdural hematoma, which required surgery. The Defense would have argued negligence.

$450,000 Settlement Six Days Before Trial: Plaintiff, female, age 53, was driving on Queens Boulevard and allegedly was stopped at a red light when her vehicle was struck from behind by a tow truck driven by the Defendant. Plaintiff claimed that she suffered brain trauma and cognitive dysfunction, and thus was unable to continue her consulting business. The defense argued otherwise.

$415,000 Award By Jury: Plaintiff, female, age 33, entered a cab that was double parked, and as she was reaching to close the passenger side door the cab was struck in the rear by the Defendant. Plaintiff sustained herniated lumber discs with anterior compression, and underwent seven months of physical therapy.

$400,000 Settlement at Arbitration: Plaintiff, male, age 40, works as a soda distributor, and while crossing the street during work he was struck by the Defendant’s vehicle. The Defense contended that the Plaintiff was comparatively negligent because he was on the double yellow line at the time of the accident. The Plaintiff suffered herniated discs. However, the Plaintiff also had a history of injuries in that area. The Plaintiff argued that his prior injuries were healed at the time of this accident, which now prevents him from re-entering the workforce. The Defense argued otherwise.

$390,000 Settlement After 2 Days of Trial: Plaintiffs’ decedent, a 58 year old wheelchair-bound multiple stroke victim, was placed in the rear of an ambulette by the Defendant, an employee of the company. The Defendant failed to properly secure the Plaintiff, and as he was exiting the Battery Tunnel, he stopped short, causing the Plaintiff to fall out of the wheelchair. The Plaintiff suffered a fractured tibia and fibula and developed necrotizing fascitis.

$390,000 Settlement: Plaintiff, male, age 55, was in his automobile at a complete stop at stop sign when he was rear ended by the Defendant. The impact caused the Plaintiff’s body to twist and hit his right knee. The Defendant apologized for causing the accident at the scene, and the authorities weren’t notified.

$385,000 Settled at Mediation: Plaintiff, female, was working as a housekeeper in a penthouse apartment where she worked for 16 years. The Plaintiff was walking out to the terrace and as she stepped down she felt/realized that the step that had been there for 16+ years was missing. As a result her left leg buckled underneath her, and she instinctively hung onto the door frame to stop from falling. Unfortunately, the Plaintiff still sustained knee injuries. The Defendant, a waterproofing company, had been working on the building and had removed the step during construction. The Defense claims that the superintendent was told to notify all tenants not to go onto their terraces, but is unaware of whether they were actually informed.

$325,000 Settlement During Trial: Plaintiff, female, age 56, was crossing the street when she had the right of way. When the Plaintiff reached the middle of the street the Defendant, coming from the left, hit her with his vehicle. The Plaintiff required a bone graft, and used a wheelchair for over three months. She also sustained other minor injuries.