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Injured construction worker wins $2.7 Mil against AIG

A midtown law firm, Brand Brand Nomberg & Rosenbaum, won a $2.7 Million Dollar Verdict for an immigrant construction worker injured on the job. The insurance company for the defendant contacted the authorities to have the worker arrested and deported so that they could pay him nothing. The workers law firm defeated the insurance companys efforts and after a hard fought trial and appeal, secured a $2.65 Million settlement.

The case involved a 40 year old construction worker who was born in Poland and came to New York City in 1997 in the hopes of building a life in America. He was hired by several construction companies to remove asbestos from NYC schools and other buildings in the city.

In October 2005, while working to demolish a building, the ceiling he was standing on collapsed and he fell 12 feet to the concrete floor below. The worker was given no safety devices to protect him. An ambulance took him to the local hospital where he was admitted for 5 days. MRI and CT scans determined that one of the vertebrae in his middle back had shattered into pieces and was pushing on the spinal canal.

The worker began treatment with a neurologist for pain management. He also began treatment with orthopedic doctors at the hospital clinic. After several years when his pain failed to resolve, the worker went to see a specialized orthopedic surgeon who treats spinal injuries. New MRIs taken showed that he also had a herniated disc in his lower back that was causing permanent nerve damage.

The immigrant was unable to return to work due to his injuries and a lawsuit was commenced by Brand Brand Nomberg & Rosenbaum, a personal injury firm in midtown Manhattan, alleging violations of the New York State Labor Laws that were enacted to protect workers from unsafe working conditions.

Mr. Nomberg, the partner of the law firm contacted AIG to see if they would make a reasonable offer to settle the case. The insurance carrier thought the case should settle for one or two hundred thousand dollars at best. Mr. Nomberg disagreed and the case proceeded to trial in Queens.

The immigrant, Mr. J, was an undocumented (illegal) worker and had used a fake social security number to enable him to work, something common to the construction industry. Defense counsel tried to persuade the judge that because of his illegal status no lost wages should be permitted. Mr. Nomberg convinced the judge otherwise and the case proceeded to the jury.

Defense counsel tried to use the workers illegal status and fake social security card to portray him as a thief and liar. Mr. Nomberg showed the jury that the employers knew when they hired him that he was an undocumented worker. Mr. Nomberg also showed that Mr. J’s employer was taking out federal and state taxes from his weekly payroll.

After a 10 day trial, the jury awarded $2.7 Million Dollars to Mr. J as compensation for his lost wages, pain and suffering, and medical expenses.

AIG continued to fight the verdict and made a motion asking the trial judge to set the verdict aside. In a 20 page decision the trial judge upheld the verdict. However, the insurance carrier still would not pay and appealed the decision to the next highest court.

At the same time, the insurance carrier contacted the authorities on Mr. J in an attempt to have him sent to jail and deported. Mr. J was arrested on felony charges for using a fake social security number and spent the night in jail.

Mr. Nomberg fought back and retained a prominent criminal defense firm and immigration attorney. The criminal matter was pled down to a mere violation with only a small fine. The immigration attorney assisted Mr. J and in less than a year he had his green card.

The appeal of the verdict continued and the matter was argued in front of four appellate judges. A written decision upheld the majority of the verdict. The case then settled on December 2, 2010 for $2.675 Million Dollars.

Mr. Nomberg believes that choosing the right attorney is just as important as choosing the right doctor. You should always look for the best, not the most convenient.

Unfortunately, the legal profession in New York has been unable to stop unethical attorneys from paying runners to stalk injured accident victims in hospitals. The runners get paid for the number of clients they sign up, not caring who the lawyer is, but rather, which lawyer pays them the most for getting a case. These attorneys often steal the settlement monies from their clients when the case is resolved or settle the case quickly for a small amount.

A free consultation is available by calling BBNR or making an inquiry on our website. In addition to accidents, BBNR handles medical malpractice, workers compensation, and social security claims.

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Construction Accident


$1.7 million verdict in New York County against the driver of a delivery truck who struck a man as he was crossing the street within the crosswalk in Manhattan.

Motor Vehicle Accident


$3.6 Million settlement in New York Supreme Court for a Spanish speaking construction worker who fell off a 6 foot ladder and landed onto metal and wooden debris. The worker required lumbar spinal surgery for his injuries and needed surgeries to both knees from the fall. The worker could not return to work and suffered depression from his injuries resulting in a suicide attempt.

Construction Accident


$3.2 million verdict in Queens Supreme Court for an undocumented Polish speaking construction worker who fell 12 feet during a demolition project. The worker fractured a vertebrae and herniated several discs in his spine requiring surgery. The plaintiff was unable to return back to work due to his injuries.

Motor Vehicle Accident


$1.5 million verdict in Supreme Court Kings County for a woman struck by a car that jumped the curb and hit the pedestrian while standing on the sidewalk across from Prospect Park, Brooklyn.

Slip And Fall Accident


$1.9 million verdict in New York Supreme Court for a bank manager who slipped and fell on a wet floor, resulting in spinal injuries. The building owner knew about a recurring leak inside the basement cafeteria but failed to correct the problem.

Construction Accident


$2 million settlement in Queens Supreme Court for Polish construction worker who fell 2 stories from a bucket. The worker’s supervisor told the construction worker to ride the material bucket down to use the bathroom because it would save time. The worker fractured his pelvis in several places requiring surgery and was unable to return to work.

Medical Malpractice


Defense counsel offers 11 cents to settle before trial and the jury renders a verdict of $4.5 million dollars for a medical malpractice victim and his wife. The action was commenced in New York Supreme Court for a patient who suffered massive internal bleeding during a lower back surgery when the surgeon negligently cut an artery and failed to promptly treat the condition, causing a loss of oxygen and injury to the brain. The anesthesiologist failed to properly monitor the patient’s vitals during the surgery and alert the surgeon of the drop in blood pressure.



$1.25 million settlement in New York Supreme Court against building owner for negligent security that caused two women to be assaulted while leaving work. A masked man entered their elevator from a floor that was supposed to be closed off for construction. The assailant used a metal pipe to attack the two women. The two women split the settlement monies.

Construction Accident


$1.5 Million settlement in New York Supreme Court for a construction worker who was struck by a piece of concrete that fell on his head and back. Workers above were chipping concrete despite knowing that people were working directly below them. The plaintiff required surgery on his neck but made a good recovery.

Medical Malpractice


$3.9 million settlement in Supreme Court Kings County for a Brooklyn man who suffered a stroke shortly following an eye surgery. The patient was given medical clearance for local anesthesia but instead was placed under general anesthesia for 7 hours. The patient’s blood pressure was not well controlled resulting in a 30 minute hypertensive emergency near the end of the operation. The patient died after 7 years of living in different nursing homes.

Slip, Trip and Fall, New York


$1.4 Million settlement for Queens Hispanic woman who slipped and fell on ice walking out the door of her rented basement apartment.


    I did not think myself that we will win this difficult matter and become victorious, especially after being rejected by numerous other attorneys…but your professionalism Brett, dedication and determination, not to mention a huge heart, was how we prevailed


    When I brought my situation to a local attorney he directed me to Brett Nomberg, and I’m so glad he did. Someone always was able to give me a status of what was going on. Your team made my wife and I realize we were dealing with a truly professional firm and at the same time, sympathetic to our needs. Great job. Excellent Customer Service.


    I want to thank you for all the help and support that was given to my parents by you and your colleagues. Your firm’s time, effort and dedication, is without question second to none and this led to a successful settlement


    We can’t thank you enough for the wonderful representation you provided and for believing in our case. It was very vindicating to have a judge and jury decide in our favor.


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