Practice areas: Personal Injury, Construction Litigation, Employment & Labor; view more
Licensed in New York since: 2004
Education: Fordham University School of Law
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Block O'Toole & Murphy, LLP
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New York, NY 10119 Visit website
David L. Scher is a partner at Block O’Toole & Murphy, a prominent personal injury law firm in New York City. As the head of the firm’s appellate practice, he has handled numerous seminal cases and helped obtain hundreds of millions of dollars in resolutions for clients. He practices in several areas, including:
Construction accidents
Motor vehicle accidents
Workplace injuries
Wrongful deaths
From 2023 to 2024, Mr. Scher was chosen to serve as president of the New York State Trial Lawyers Association (NYSTLA), a group of nearly 4,000 lawyers dedicated to fostering civil justice in the state. His work as a fierce advocate for justice and a trusted legal authority has been recognized by a number of organizations, including Super Lawyers, Best Lawyers®, and National Trial Lawyers.
Over his two decades in law, Mr. Scher has established a formidable reputation in the courtroom. In 2024, Mr. Scher helped firm partners Daniel P. O’Toole and Scott Occhiogrosso secure a $65,000,000 settlement – the largest known personal injury settlement in New York – for a paralyzed Brooklyn cyclist. In 2021, he and Partner Stephen J. Murphy returned the top three highest construction accident results in the Northeast, and in 2020, he handled three of Top Verdict’s Top 50 Settlements in the U.S.
Some of Mr. Scher’s other top results include:
$15,000,000 settlement for an HVAC technician who tragically died while installing a chiller unit at a hospital in the Bronx. Mr. Scher’s unique argument in front of the Appellate Division reversed the lower court’s initial dismissal of the case.
$12,000,000 settlement for a local 147 union tunnel worker who sustained significant neurological and orthopedic injuries after falling through an open shaft at a Manhattan construction site.
$9,950,000 settlement for a young social worker in Buffalo who suffered an above-the-knee leg amputation after she was struck by a van in a parking lot while loading groceries into her car.
$8,800,000 settlement for a grandmother who suffered a traumatic brain injury, along with other orthopedic injuries, after she was hit by a van in Queens.
Mr. Scher’s appellate arguments have also resulted in some of New York’s most critical construction safety decisions. His work on cases like Ortiz v. Varsity Holdings have helped extend the protections afforded to workers under Labor Law 240(1).
Outside of the courtroom, Mr. Scher contributes to legal education by writing for legal publications, including the New York Law Journal, and speaking on various panels. He is also the Co-Chair of NYSTLA’s Labor Law Committee and a member of the New York State Unified Court System’s advisory committee on artificial intelligence. His charitable activities include significant fundraising for St. Jude Children’s Research Hospital through annual events.
After earning his undergraduate degree from Tufts University, Mr. Scher was determined to pursue law. He attended Fordham University School of Law, and before his tenure at Block O’Toole & Murphy, he gained experience at the New York State Attorney General’s Office, interned for Supreme Court Justice Shirley Kornreich, and volunteered at a civil rights legal aid clinic.
Practice areas
Personal Injury - General: Plaintiff, Construction Litigation: Consumer, Employment & Labor: Employee, Personal Injury - Medical Malpractice: PlaintiffFocus areas
Animal Bites, Assault, Birth Injury, Brain Injury, Construction Accident, Construction Defects, Delayed or Incorrect Diagnosis, Dental Malpractice, Dram Shop Laws, Employment Law - Employee, Informed Consent, Labor Law, Medical Malpractice, Motor Vehicle Accidents, Personal Injury - Defense, Personal Injury - Plaintiff, Premises Liability - Plaintiff, Sexual Abuse - Plaintiff, Sexual Harassment, Slip and Fall, Toxic Mold, Trucking Accidents, Unions, Wage & Hour Laws, Whistleblower, Wrongful Death
- 50% Personal Injury - General: Plaintiff
- 30% Construction Litigation: Consumer
- 10% Employment & Labor: Employee
- 10% Personal Injury - Medical Malpractice: Plaintiff
First Admitted: 2004, New York
Professional Webpage: https://www.blockotoole.com/attorneys/david-l-scher/
Bar / Professional Activity
- President, New York State Trial Lawyers Association, 2024
- Co-Chairman, New York State Trial Lawyers Association Labor Law Committee
- Member, New York State Trial Lawyers Association Judiciary Committee
- Member, New York State Unified Court System Artificial Intelligence and the Courts Advisory Committee
- Member, American Association for Justice
- Officer, New York State Trial Lawyers Association, 2020
- New York State Bar Association
Verdicts / Settlements (Case Results)
- $65,000,000 settlement, the largest catastrophic personal injury settlement in New York history, for a paralyzed Brooklyn cyclist
- $15 Million settlement for the family of a worker who was crushed and killed by a falling object due to an inadequate hoist., 2020
- $12,000,000 Settlement for a Local 147 union tunnel worker who was injured when he fell into a shaft on a Manhattan construction site, 2019
- $9,950,000 Settlement for a Buffalo social worker who was struck by a van and suffered an above-the-knee amputation of her left leg.
- $9,500,000 Settlement for a worker in Westchester County who fell from an extension ladder, sustaining a traumatic brain injury
- $9,000,000 Settlement for a construction worker who lost two fingers while working on a mast climbing platform.
- $8,800,000 Settlement for a Queens pedestrian who suffered a brain injury after being struck by a van.
- $7,525,000 Settlement for family after mother and son were killed in tragic Suffolk County auto accident., 2016
- $7,400,000 Settlement for a union sheet metal worker who injured his back after a worksite fall., 2014
- $7,200,000 Settlement for a Brooklyn man who died in a tragic elevator accident., 2020
- $7,100,000 Settlement for a union steamfitter who was struck by a poorly secured pipe and knocked from his ladder, causing serious injuries.
- $6,000,000 Settlement for a union operating engineer who fell 13 feet through an open hatch door in the crane he had been operating, leaving him with multiple serious injuries
- $5,500,000 Settlement for an electrician who sustained a traumatic brain injury after falling from an extension ladder.
- $5,500,000 Settlement for a Nassau County construction worker who was struck by a rotating excavator.
- $5,000,000 Settlement for a union ironworker who was struck by a scissor lift and propelled into a metal gang box at a Manhattan construction site.
- $4,750,000 Settlement for an HVAC worker who suffered back injuries that necessitated a laser procedure and non-fusion surgery after falling from collapsed scaffolding.
- $4,500,000 Settlement for a non-union carpenter who was injured after falling about 10 ft. from a scaffold on a Brooklyn job site.
- $4,450,000 Settlement for laborer who suffered brain and spine injuries after a Brooklyn work site fall.
- $4,000,000 Settlement for a man struck by a vehicle in Forest Hills, requiring an above-the-knee leg amputation.
- $4,000,000 Settlement for Nassau County worker who was not given fall protection equipment while performing roofing and siding work in the rain.
- $3,600,000 Settlement for a 29-year-old construction worker who fell through a gap in an improperly-planked scaffold, resulting in serious back and shoulder injuries.
- $3,300,000 Settlement for a union laborer struck by falling angle irons in Westchester County.
- $3,200,000 Settlement for a Brooklyn demolition worker injured on the job when a staircase broke.
- $3,075,000 Settlement for a union plumber from Queens who was struck by falling gravel on a construction site.
- $3,000,000 Settlement for a laborer who sustained ankle and leg fractures due to an 8-foot fall that could have been prevented by guards and scaffolding.
- $2,875,000 settlement for a welder who was injured in a falling object accident at a new high-rise building in Manhattan
- $2,850,000 Settlement in a Labor Law 240 case for a 38-year-old union laborer who was injured in a construction site fall in Manhattan
- $2,750,000 Settlement for a 57 Year-Old female pedestrian who sustained a neck injury after being struck by a van.
- $2,750,000 Settlement for a laborer who was injured after falling from an unstable ladder at a Brooklyn renovation site.
- $2,750,000 settlement for an HVAC worker who fell from a ladder and injured his ankle
- $2,750,000 settlement for a driver who was involved in an accident with an NYC sanitation truck that was improperly operating on the Belt Parkway.
- $2,650,000 For a Local 3 Union Electrician who injured his back after a trip-and-fall accident on a Manhattan construction site.
- $2,625,000 Settlement in a Wrongful Death case where there was only $1,000,000 in available insurance coverage.
- $2,545,000 Settlement for a Suffolk County family in a wrongful death case.
- $2,500,000 Settlement for a construction worker who required a partial finger amputation after a work accident.
- $2,500,000 Settlement for a Brooklyn pedestrian who was struck by a truck and suffered hip and leg fractures.
- $2,400,000 Settlement for a 35-year-old painter who was injured after tripping and falling over a ladder at a Manhattan construction site.
- $2,250,000 Settlement for a 60 year old window washer who fell from a Manhattan building and suffered left arm and hip fractures.
- $2,150,000 Settlement for an HVAC worker who required multiple ORIF surgeries after a ladder fall.
- $2,056,656 Verdict for a Brooklyn public high school teacher struck by a City bus.
- $2,000,000 Settlement for a dietary aide injured in an elevator accident
- $2,000,000 Settlement for non-union carpenter injured in construction site accident in Lower Manhattan.
- $2,000,000 Settlement for a Brooklyn man who injured his back in an elevator accident.
- $1,250,000 Settlement for a Suffolk County electrician who fell from a ladder and injured his spine.
- $1,000,000 Settlement (the full available insurance) for a construction worker from Westchester who fell and fractured his left arm and leg.
Videos
Pro bono / Community Service
- Mr. Scher is a member of the Fundraising Committee for the firm's annual New York City Wine Tasting, which supports St. Jude Children's Research Hospital
- Mr. Scher volunteered for a Civil Rights Legal Aid Clinic that provided pro bono legal services to underpaid workers.
Educational Background
- Tufts University, B.A., 2000
Scholarly Lectures / Writings
- Mr. Scher has lectured at this annual seminar from 2020-2025. , Lecturer, Framing and Pleading a Labor Law Case, New York State Trial Lawyers Association Construction Accidents From the Trenches Seminar, 2025
- This seminar seeks to educate trial lawyers across the region on best courtroom practices. , Lecturer, How to Win NY Construction Accident Cases, New Jersey Association for Justice Boardwalk Seminar, 2025
- Mr. Scher advocates for reforms to New York's wrongful death laws. , Author, Workers Deserve Reform to 1847 Wrongful-Death Law—History Tells Us Why, The New York Law Journal, 2024
- Mr. Scher explains the history of New York's wrongful death laws and advocates for reform. , Author, The Tragic Limitations of New York's Outdated Wrongful Death Law, Best Lawyers, 2023
- Mr. Scher advocates for fair compensation for New York's judges. , Author, Justice Suffers Without Pay Parity for New York's Judges, The New York Law Journal, 2023
- Mr. Scher explains why it's time to update New York's wrongful death laws. , Author, Don't Fall for Scare Tactics: The Grieving Families Act Will Help New Yorkers, The Albany Times Union, 2023
- Mr. Scher and Partner Daniel P. O'Toole discuss the Ortiz v. Varsity Holdings decision and its impact on Labor Law 240(1) , Co-Author, Court of Appeals Refuses to Limit Scope of Labor Law Section 240(1), The New York Law Journal, 2012
- Authored amicus curiae brief on behalf of over 5,000 trial lawyers for Court of Appeals case involving the scope of New York Labor Law Section 240(1)., Author, Amicus Curiae Brief to New York Court of Appeals, Ortiz v. Varsity Holdings, LLC, 2011
- Mr. Scher and Partner Daniel P. O'Toole discuss Labor Law 240(1), Co-Author, Still Debating What ‘Falls’ Within Labor Law Section 240(1), The New York Law Journal, 2010
- Mr. Scher and Partner Stephen J. Murphy discuss the legal rights of undocumented construction workers. , Co-Author, Can Injured, Undocumented Construction Workers Recover Lost Wages?, The New York Law Journal, 2010
- A Look Back At Runner v. New York Stock Exchange: What Did It Mean For Labor Law Section 240?, Author, A Look Back At Runner v. New York Stock Exchange: What Did It Mean For Labor Law Section 240?, Bill of Particulars
Honors
- Named a New York Super Lawyer from 2016 - Present, Super Lawyers
- Named a New York City Best Lawyer for Personal Injury Litigation - Plaintiffs, 2024-Present, Best Lawyers
- Trailblazers in Law, City & State New York, 2024
- 2013-2015, Rising Star, Super Lawyers
- Award extended to a limited number of lawyers under the age of 40 who demonstrate superior leadership skills, and who exert passion and personal conviction as a young trial attorney., Top 40 Under 40, The National Trial Lawyers, 2012
- Member, Multi Million Dollar Advocates Forum
- Member, Million Dollar Advocates Forum
Selections
- Super Lawyers: 2016 - 2026
- Rising Stars: 2013 - 2015