Personal Injury News

Train Derailment Settlement

Stuart DiMartini’s trial council secured a three million ($3,000,000.00) dollar settlement for a victim of a New York train derailment. The accident victim was seriously injured requiring spinal surgery and extensive treatment. The claim was litigated in the New York Court system. During the discovery process, prior to trial, the owner and operator of the train agreed to the settlement for the train accident victim.

Slip and Fall Settlement

Stuart DiMartini has secured a $525,000.00 settlement for a victim of a New York City slip and fall accident.

The injured client entered a local supermarket. He took four to five steps and then slipped on water. Off to the side, an employee was mopping a substance from the floor.

Slip and fall cases on water can be especially difficult to prove liability. The plaintiff must establish that the defendant created the condition, knew of the condition, or had enough time that it should have known of the condition.

During discovery, Mr. DiMartini was able to show that all of the deliveries to the store came through the front door and that liquids would be dragged into the store thereby creating a dangerous slipping condition.

The case was settled at mediation prior to trial.

Stuart DiMartini Receives 2015 New York Excellence Award

FOR IMMEDIATE RELEASE:

May 7, 2015 – Stuart DiMartini was selected for the 2015 New York Excellence Award amongst all its peers and competitors by the US Commerce & Trade Research Institute (USCTRI).

Each year the USCTRI conducts business surveys and industry research to identify companies that have achieved demonstrable success in their local business environment and industry category. They are recognized as having enhanced the commitment and contribution of small businesses through service to their customers and community. Small businesses of this caliber enhance the consumer driven stature that New York is renowned for.

Stuart DiMartini has consistently demonstrated a high regard for upholding business ethics and company values. This recognition by USCTRI marks a significant achievement as an emerging leader within various competitors and is setting benchmarks that the industry should follow.

As part of the industry research and business surveys, various sources of information were gathered and analyzed to choose the selected companies in each category. This research is part of an exhaustive process that encapsulates a year long immersion in the business climate of New York.

Dram Shop Case Settled

PRLog – Feb. 10, 2015 – NEW YORK — New York City personal injury attorney, Stuart DiMartini, has settled a New York dram shop case for the tortfeasor’s policy limits.

The case was litigated in the New York Supreme Court.

LawLink Rating

LawLink has rated attorney Stuart DiMartini 5 stars out of 5.

LawLink is the first and largest social network for law professionals.

Founded in 2007, LawLink is the premier social network for the legal community with over 8,000 members nationwide. LawLink now receives over 150,000 unique visitors a month.

Product Liability Lawyers Accepting Morcellator Cancer Lawsuits

PRLog – Jan. 25, 2015 – NEW YORK — New York City personal injury attorney, Stuart DiMartini, announced that his firm, in conjunction with trial lawyers throughout the nation, are reviewing claims surrounding the allegations that the use of a power morcellator used during a hysterectomy or myomectomy in women with unsuspected uterine sarcoma poses a risk that the procedure will spread the cancerous tissue within the abdomen and pelvis significantly worsening the patient’s chance for long-term survival.

Stuart DiMartini Selected as one of the Top 100 Litigation lawyers in the State of New Jersey

Attorney DiMartini has been invited to join the American Association of Legal Advocates

PRLog – Dec. 23, 2014 – JERSEY CITY, N.J. — The American Society of Legal Advocates (ASLA) is an invitation-only organization comprised of elite lawyers in practice today.

ASLA draws its membership from lawyers who combine stellar legal credentials with a proven commitment to community engagement and the highest professional standards.

ASLA’s membership is limited to less than 1.5% of all licensed lawyers nationwide. They select outstanding lawyers in all states, with specialties varying per state depending on the number of practicing lawyers.

Attorney DiMartini has now been invited to join this elite group of lawyers.

DiMartini said “I am honored to receive this invitation and industry recognition. I work hard not only to advance the rights of my clients, but to help keep the public informed of legal issues and enhance the reputation of lawyers in general.”

Litigation News – Settlement of Motor Vehicle Claim

$225,000.00 for Victim of a New York Rear-end Motor Vehicle Collision

FOR IMMEDIATE RELEASE
PRLog (Press Release) – The plaintiff in this case was the driver of a car that was rear-ended at a stop light. DiMartini alleged that the accident aggravated and exacerbated the plaintiff’s preexisting low back condition. Despite the serious low back injury plaintiff sustained in the military some years prior, DiMartini was able to secure a $225,000.00 settlement for his client.

“Whenever there is a preexisting condition,” DiMartini said, “it is plaintiff’s burden to show that the subject accident actually made the condition worse and not that the condition was merely a continuation of the prior injury. We were able to prove that definitively in this case.”

The case was settled prior to entering the discovery phase of the litigation.

DiMartini Announces New eBook

PRLog – Dec. 19, 2014 – NEW YORK — Stuart DiMartini, a skilled personal injury courtroom advocate, is pleased to announce the release of his new eBook: New York Car Accident Lawyers –
What you need to know when you are hurt in a car accident. Mr. DiMartini has written and published this free eBook to help, educate and inform victims of car accidents about what they can expect as they go through the legal process and attempt to gain compensation for their accident-related injuries.

AVVO RATED

You are one of a select group of attorneys who has received a superior rating from Avvo. The highly respected Avvo Rating uses a completely objective mathematical model to evaluate attorneys across the country. After analyzing a multitude of factors and criteria, the Avvo system has given you one of the highest scores possible.

Litigation News – Settlement of Slip and Fall Claim

Attorney DiMartini Settles Brooklyn, New York Slip and Fall Claim

FOR IMMEDIATE RELEASE
PRLog (Press Release) – Feb. 8, 2014 – NEW YORK — Stuart DiMartini, a veteran New York City personal injury lawyer has settled a claim for injuries arising from a slip and fall accident.

In this case, the property owner altered its premises to allow water drainage directly onto the public sidewalk. According to DiMartini, the water froze over “creating a dangerous slipping condition.” DiMartini’s client slipped on the icy condition sustaining serious injuries.

The insurance company for the property owner sought to disclaim coverage, which would have left the premises uninsured. The disclaimer was defeated in the Supreme Court, Kings County.

With coverage available, DiMartini was then able to successfully settle the claim for his client.

Litigation News – Settlement of Pedestrian Knockdown Case

FOR IMMEDIATE RELEASE
PRLog (Press Release) – Dec. 10, 2013 – NEW YORK — New York City-based attorney, Stuart DiMartini, has successfully resolved a Brooklyn Pedestrian Knockdown case after several years of hard-fought litigation by both sides.

The incident occurred while the plaintiff was lawfully crossing the street within the crosswalk. The defendant was making a left turn and did not notice the pedestrian crossing and struck her.

DiMartini said “liability was not the issue,” and won a summary judgment motion on liability leaving the sole issue as to damages.

The issue revolved around two separate MRIs that the plaintiff underwent. The first MRI revealed a slight knee fracture. However, the “subsequent MRI failed to reveal any ‘old healed’ fracture,” DiMartini said.

“With conflicting objective evidence,” DiMartini explained, “it would come down to a battle of credibility and which doctor the jury would believe.”

With the case ready for trial, both sides were finally able to come to a resolution of the matter.

DiMartini said, “The settlement was in the best interests” of his client.

Litigation News – Settlement of Slip & Fall Claim

FOR IMMEDIATE RELEASE
PRLog (Press Release) – Sep. 27, 2013 – NEW YORK — New York City-based attorney, Stuart DiMartini, has announced the settlement of a slip and fall claim after several years of hard-fought litigation by both sides.

DiMartini said the settlement was “in the best interests” of his client.

The incident occurred within seconds of the plaintiff entering a dining hall when she slipped on water that accumulated on the floor. Without witnesses, it was impossible to prove how long the water had been there.

“Under the law,” DiMartini explained, “it is the plaintiff that must establish that the defendant was actually aware of the slipping condition prior to the accident with enough time to remedy the condition, or that the hazardous condition existed long enough so that the defendant should have known about the condition. This is what is referred to as actual or construction notice. There was neither in this case.”

Instead, DiMartini argued that the defendant created the condition by its affirmative acts and therefore “notice” was not a necessary element of the claim leading to an eventual successful resolution of the matter.

Litigation News – Settlement of Motor Vehicle Accident Claim

NY Personal Injury Settlement

Attorney DiMartini Settles NY Car Accident Claim Based on Emotional Distress

New York, NY (OFFICIAL WIRE)
September 26, 2013

Stuart DiMartini, a veteran New York City personal injury lawyer has settled a claim for injuries arising from a motor vehicle accident for the tortfeasor’s liability policy limits.

The claimant sustained relatively minor physical injuries in the accident and received very limited medical treatment for the physical injuries sustained. Mr. DiMartini, however, argued that the severe emotional distress the claimant suffered and the extensive treatment received for the post-traumatic stress disorder warranted the settlement for the full policy limits despite the limited physical damage. The tortfeasor’s insurance company agreed with Mr. DiMartini and settled the case without the need for litigation.

Litigation News – Settlement of Motor Vehicle Accident Claim

FOR IMMEDIATE RELEASE

PRLog (Press Release) – Sep. 25, 2013 – NEW YORK — Stuart DiMartini, a skilled New York City-based personal injury courtroom advocate has settled a motor vehicle accident claim for the tortfeasor’s liability policy limits.

The claimant suffered relatively minor physical injuries in the accident and underwent very limited medical treatment for these injuries. Mr. DiMartini, however, argued with the tortfeasor’s insurance carrier that the severe emotional distress and mental anguish the claimant was caused to suffer as well as her extensive treatment for the post-traumatic stress disorder warranted the full policy limits.

The insurance carrier agreed and the claim was settled for the policy limits with the need for litigation.

Litigation News – Settlement of Medical Malpractice Claim

Mr. DiMartini’s trial counsel has secured a $400,000.00 settlement for a victim of medical malpractice.

eBook

2012-03-29 18:16:12 – Stuart DiMartini, a veteran New York and New Jersey personal injury lawyer, has launched his new eBook as part of his continuing efforts to help those who have been injured in New York accidents.

AVVO Rated Attorney

On behalf of Avvo and American Registry, congratulations on your Avvo Rating. This is a meaningful credential earned by a select few. It reflects critical facts about your career – your hard work.

eBook Release

3/4/12
In his continuing efforts to aid those who have been injured in New York accidents, Stuart DiMartini, a veteran New York City personal injury lawyer, is pleased to announce the release of his new eBook, New York Personal Injury – What to expect when you are injured in a New York accident!

The eBook is designed to inform people injured in accidents what to expect as they go through the legal process in an effort to obtain compensation for their accident-related injuries.

Many times accident victims are not familiar with the claims or legal process that they must traverse in order to receive the just compensation they deserve for their accident-related injuries. They may feel unsure about what is the right thing to do under the circumstances. They may not know how the civil legal process works.

We believe that knowledge is power. The more information you have, the better armed you are to make reasonable and informed decisions that will affect you and your case.

widePR.com

1/11/12
Stuart DiMartini launches new website to further protect the rights of those injured in accidents.

Stuart DiMartini, a veteran New York and New Jersey personal injury lawyer, has launched his new website as part of his continuing campaign to protect the rights and interests of people who have been seriously injured or killed in an accident that was not their own fault.

The new website has been designed to allow easy access to information about the law offices of Stuart DiMartini, including staff profiles, as well as valuable personal injury resources. The site also hosts Mr. DiMartini’s blog along with links to pertinent New York and New Jersey legislative documentation…

Stuart DiMartini, a skilled personal injury lawyer, has launched a new website in his continuing effort to protect the rights and interests of people injured in an accident.

AVVO Rated

Stuart DiMartini has been widely recognized by the legal community for professional conduct and experience. On behalf of Avvo and American Registry, congratulations on your Avvo Rating.
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January Newsletter

Mr. DiMartini continues the fight to against distracted driving. His latest newsletter is dedicated to help raise awareness about this dangerous driving practice.

Product Safety

Stuart DiMartini, an experienced New York City plaintiff’s personal injury advocate, is dedicated to help raise awareness through education in order to reduce or prevent accidents that devastate the lives of so many before they occur.

Through his website and blog, Mr. DiMartini works to keep the public informed on the latest developments that affect product safety.

Texting while Driving

Stuart DiMartini is deeply concerned over the dangers posed by texting while driving and the unacceptable motor vehicle-related teen death rate. To help raise awareness on these issues, Mr. DiMartini founded and contributes to the “Keep Your Eyes on the Road” Facebook page.

Keep Your Eyes on the Road is dedicated to helping to educate our teens, in particular, and the driving populous in general, about the dangers associated with distracted driving. Distracted driving comprises a variety of activities including: talking on a cell phone, texting while driving, eating, reading, and any other action that removes the driver’s eyes from the road ahead.

You can help by “liking” our page as well!

Litigation News

Stuart DiMartini’s out-of-state trial counsel has secured a significant settlement for a botched gallbladder surgery resulting in an insult to the common bile duct.

Medical Malpractice News

Stuart DiMartini, of counsel to a successful New York City personal injury firm, wins a reversal of the lower court’s prior dismissal of the plaintiff’s medical malpractice case alleging a failure to diagnose with lymphoma and excise cancerous mass.

Appellate News

Stuart DiMartini, of counsel to a successful New York City personal injury firm, wins a reversal of the lower court’s prior dismissal of the plaintiff’s trip and fall claim that arose when the plaintiff was alighting from a New York City Transit bus that failed to properly pull-up next to the curb.