Bronx Auto Accident
Wingate, Russotti, Shapiro, Moses & Halperin, LLP attorney Konstantin Burshteyn secured a $2,000,000 settlement for a passenger injured on a New York City Transit bus after the driver made a left turn and struck a median while traveling in the Bronx. The client suffered serious injuries to her neck and back, aggravating pre-existing conditions that ultimately required surgical intervention.
Liability was never in dispute. Immediately after being retained, our firm obtained critical video surveillance through the Freedom of Information Law (FOIL). Combined with a thorough investigation and the client’s testimony, we successfully moved for summary judgment on liability, holding the defendants responsible and eliminating any claims of contributory negligence.
While liability was clear, the case was heavily contested on the issue of damages. The defense focused on the client’s medical history, noting that she had undergone extensive treatment for neck and back issues for six to seven years prior to the accident, including physical therapy and pain management with prescription medication. They argued that diagnostic imaging appeared similar before and after the crash, that any surgical treatment was related to pre-existing conditions rather than the accident, and that the impact itself was too minor to have caused the injuries claimed.
Konstantin Burshteyn and the WRSMH legal team countered these arguments with strong medical evidence, expert support, and thorough trial preparation. We demonstrated that the client’s pre-existing conditions made her more susceptible to further injury and that the bus accident was the proximate cause of the worsening condition that ultimately required both lumbar and cervical fusion surgeries.
The case was resolved for $2,000,000 before the client was ever required to appear for a deposition. Although the matter was still years away from trial, the client chose to settle, allowing her to move forward with financial security and peace of mind.
This result reflects the WRSMH approach: preparing every case as if it will go to trial, confronting challenging facts directly, and advocating aggressively to secure fair compensation for injured clients.