Richard Amico

Richard Amico

Catastrophic Injury Trial Attorney

For more than three decades, Richard P. Amico has operated at the forceful intersection of catastrophic injury law and accountability. Operating as Chief Trial Counsel for The Barnes Firm—overseeing high-stakes litigation across both New York and California—and Co-Chair of the firm’s Labor Law Department, Amico is the architect of lawsuits that force powerful corporate and municipal entities to answer for devastating negligence.

Amico does not merely process claims; he tries cases to verdict, defends those verdicts in the state’s highest appellate courts, and structurally challenges the defense industry’s systemic evasion of liability. His verifiable record includes a staggering $24.6 million judgment in a recreational injury matter, a $9 million settlement for a construction worker, and a $5.75 million verdict involving a horrifying industrial fatality. By personally directing the legal narrative from the initial complaint to the New York Court of Appeals, he prevents corporate entities from quietly dismantling public accountability in closed appellate chambers.

In a legal landscape where major corporations, insurance conglomerates, and government municipalities routinely leverage their infinite resources to exhaust plaintiffs into submission, Amico’s practice serves as a vital counterweight. His career is defined by a refusal to accept defense arguments when human life has been permanently altered or destroyed. From unmasking the systemic safety failures of massive construction projects to proving that a municipality’s infrastructural neglect caused a mass-casualty highway collision, Amico has consistently weaponized the trial process to prioritize client stakes over administrative convenience.

The Mechanics of Industrial Accountability

New York State possesses some of the most stringent worker protection laws in the country, designed specifically to safeguard laborers working at elevated heights or in inherently dangerous construction environments. At the heart of this framework is New York Labor Law 240(1), commonly known as the “Scaffold Law,” a statutory mechanism that imposes absolute liability on property owners and general contractors for elevation-related injuries, effectively stripping them of the ability to blame the injured worker. However, these statutory protections are under constant siege by commercial property owners, general contractors, and their defense counsel. As Co-Chair of the Labor Law Department, Amico functions as a bulwark against these defensive strategies, demanding absolute accountability when contractors cut corners on safety equipment or proper site protocols.

The human toll of institutional corner-cutting was brought into stark relief during a catastrophic May 16, 2023, case in Seneca Falls, New York. Amico and his partner Anna Robbins represented the family of a landfill worker who was violently killed on the job. The decedent, a tipper operator, was cleaning a deck when a massive truck backed onto the platform to offload fifty tons of municipal waste. The facility’s safety regulations were ignored, and the truck was operating without the proper warning equipment. The worker was crushed from his ankles to his skull causing his heart and lungs to be ejected in a horrifying display of mechanical violence.

Litigating a death of this magnitude requires more than establishing simple negligence; it demands translating the absolute horror of the event into recognized legal damages. In New York, this often involves the complex and emotionally harrowing doctrine of conscious pain and suffering, as well as pre-impact terror. Amico and his co-counsel successfully demonstrated that the worker was aware of his impending death before the crushing impact, experiencing significant pre-impact terror and conscious pain and suffering. By establishing this reality, they secured a $5.75 million judgment. The award included $3 million for the worker’s injuries and the loss of parental guidance, exactly $477,053 in pecuniary losses (financial damages calculated by projecting the deceased’s lifetime earning capacity and tangible financial contributions to their dependents), and heavily contested prejudgment interest of $2,274,564.17. The result was not just a financial recovery for a shattered family, but a punitive spotlight on the fatal consequences of ignoring basic industrial safety mandates.

Amico’s command over heavy-machinery and construction litigation is expansive. In April 2020, he and his partner Alex Bouganim secured a gross settlement of more than $9 million for a worker badly injured in a New York City construction accident. (Exact structural details regarding the specific physical injuries sustained or the legally named corporate defendants for this specific project are currently unlisted in the public record; nevertheless, the gross settlement successfully secured $9,000,000 for the plaintiff). In November 2018, he obtained a staggering $24.6 million award for a client who suffered a leg amputation and severe injuries to their remaining leg in an accident involving a snowmobile. (While the precise identity of the defendant—whether a private landowner, equipment manufacturer, or state entity—remains publicly undisclosed, the eight-figure judgment stands as a testament to profound liability execution). These massive figures, alongside a $1.6 million settlement for a truck driver facing three neck surgeries and a $650,000 award for an airline pilot who suffered serious ankle injuries exiting an aircraft, reflect his ability to meticulously document catastrophic loss. More recently, in 2024, Amico and Bouganim settled a Federal Court trucking accident case for $862,500, successfully overcoming corporate defense expenditures of over $25,000 on accident reconstruction and vocational rehabilitation experts who attempted to entirely deny the plaintiff’s injuries and wage losses. He outmaneuvers aggressive defense tactics to convince juries that no amount of corporate rationalization can excuse the destruction of a human body.

Piercing Municipal Armor

Litigation against government bodies and quasi-public authorities is notoriously difficult. Municipalities are shielded by complex layers of sovereign and governmental immunity, strict notice-of-claim requirements (statutory preconditions requiring plaintiffs to formally notify a government entity of a lawsuit within a strictly truncated timeframe, often 90 days, before filing), and a general judicial deference to the discretionary decisions of public officials. Successfully suing the state or a county requires proving that an institution breached a specific, proprietary duty of care (when a government entity acts in a private or commercial capacity, such as managing property or maintaining physical infrastructure, stripping away the sovereign immunity that typically protects purely discretionary governmental functions) that directly caused harm.

In 2013, Amico achieved a landmark victory that perfectly illustrates his capacity to dismantle municipal defenses. He led a team of trial attorneys in a case stemming from a horrific 36-car collision on Interstate 390 near Rochester, which resulted in widespread injuries and the tragic death of a 17-year-old girl. In multivehicle pileups, defense strategies typically involve pointing fingers at the various drivers involved, muddying the waters of proximate cause (the primary, foreseeable event that legally and directly produces an injury), and relying on the chaotic nature of the event to diffuse liability.

Amico rejected this diffusion of responsibility. Instead, he targeted the root environmental cause of the disaster: the deliberate failure of the County of Monroe and the Rochester Airport Authority to install necessary snow fences adjacent to the runway and the highway. By focusing the litigation on infrastructural oversight and preventative maintenance, Amico demonstrated that the multi-car pileup on a sunny, cold February day in 2008 was not an unpredictable act of nature, but the direct, foreseeable consequence of bureaucratic negligence. The jury returned a remarkable verdict, finding the County and the Airport Authority 100 percent liable for the death and injuries. It was a masterclass in holding public entities to the same standard of safety as private citizens, ensuring that the cost of infrastructural neglect is borne by the responsible institutions rather than the victims of their apathy.

Civil Rights Through the Lens of Premises Liability

While personal injury law is often viewed strictly through the lens of torts and financial compensation, Amico’s career demonstrates that civil litigation can function as a powerful tool for civil rights enforcement and social equity. This is most vividly captured in his work alongside legendary civil rights attorney Johnnie L. Cochran Jr. in a high-profile wrongful death lawsuit against the Walden Galleria Mall, which went to trial and settled in November 1999.

The case centered on the death of 17-year-old Cynthia Wiggins, an African American single mother who was crushed by a dump truck while trying to cross a seven-lane highway to get to her job in the mall’s food court. The underlying cause of her death, however, was not merely a negligent driver; it was a discriminatory institutional policy. At the time, the Galleria Mall explicitly prohibited the Number Six inner-city bus route—used predominantly by African American residents of Buffalo—from stopping on the mall property. This policy effectively barred public transit from the city center, forcing low-income, minority, and transit-dependent workers to disembark roughly 300 yards away and traverse a highly dangerous highway on foot just to clock in for their shifts.

By framing the mall’s restrictive transit policy as the proximate cause of the young woman’s death, Amico and Cochran transformed a premises liability claim into a searing indictment of spatial segregation. The litigation exposed how ostensibly neutral property management decisions can carry lethal, discriminatory consequences for vulnerable populations. Just ten days into the trial, the lawsuit was settled for $2.55 million, with the shopping center paying $2 million, the transit system paying $300,000, and the truck driver paying $250,000. Crucially, the lawsuit fundamentally altered the power dynamic: the legal pressure forced the mall to abandon its exclusionary policy and allow a bus stop directly on its property, promoting equal access for everyone.

Amico’s work holding commercial empires accountable on these specific premises continued decades later; in March 2017, he negotiated a $2,000,000 settlement for a client who was struck on the head by a ceiling tile that fell from the food court at the same Walden Galleria Mall, a case recognized as a 2017 Million Dollar Verdict Winner. These outcomes stand as profound examples of how aggressive, rights-based civil litigation can dismantle institutional barriers and mandate public safety.

The Complete Litigator: From Trial Level to the Court of Appeals

A persistent reality in high-stakes civil litigation is that a trial victory is rarely the end of the war. Well-funded corporate defendants and insurance companies frequently view adverse jury verdicts as mere starting points for grueling appellate campaigns, hoping to drain the plaintiff’s resources or find a sympathetic appellate panel to reduce or reverse the judgment. Consequently, many trial lawyers hand their cases off to specialized appellate boutiques once the gavel falls.

Amico is a rare exception to this industry norm. He insists on seeing his cases through to absolute finality. Reaching a career milestone in 2022, he has verified that while he is a trial lawyer by nature, he personally writes and argues his own appeals. He has stood before the appellate benches in the 1st Department in Manhattan, the 2nd Department in Brooklyn, the 3rd Department in Albany, and the 4th Department in Rochester. Crucially, he has successfully argued before the New York Court of Appeals, the state’s highest court.

This comprehensive approach to litigation provides a distinct tactical advantage. When Amico tries a case, he builds the evidentiary record with the inevitable appellate scrutiny in mind. He understands how a disputed jury instruction, a contested piece of expert testimony, or a motion in limine (a pretrial evidentiary motion asking the judge to exclude specific, highly prejudicial information from being presented to the jury) will be dissected years later by appellate judges. By maintaining control of the legal narrative from the initial complaint all the way to the Court of Appeals, Amico ensures that the public accountability established by a jury is not quietly dismantled.

A Public Interest Mandate

Amico’s commitment to the rights of the injured extends far beyond the courtroom. Recognizing that the rules of the game are often rewritten by corporate lobbyists seeking to cap damages, limit liability, and restrict courthouse access, Amico takes the fight directly to the legislative source. He routinely travels to the state capital in Albany to lobby the New York State Assembly and Senate. While specific legislative bill numbers regarding his lobbying efforts are not exhaustively cataloged in his public institutional profiles, he operates broadly as an advocate for accident victims and consumers, working to preserve the civil liberties that allow ordinary citizens to challenge concentrated corporate power and combat statutory caps on damages.

His leadership within the plaintiff’s bar is well-established. As a Past Regional President and active statewide Board of Directors member for the New York State Trial Lawyers Association, he helps direct the organization’s broader mission of assuring access to the civil justice system for the wrongfully injured. His induction into the Million Dollar Advocates Forum and the Multi-Million Dollar Advocates Forum, alongside honors such as America’s Most Honored Lawyers – Top 10% in 2023, underscore a career built on hard-fought, verifiable results.

Whether he is holding a municipality accountable for a deadly highway pileup, forcing a commercial empire to reverse a discriminatory transit policy, or establishing the absolute liability of a construction firm for a devastating workplace fatality, Richard P. Amico’s worldview remains consistent. He demands that institutions obey the law, he elevates client stakes over corporate convenience, and he utilizes every tool in the adversarial system to transform private tragedies into lasting public accountability.