Personal Injury – Medical Malpractice
Our firm has expanded its expertise to include the prosecution and trial of complex personal injury cases, such as construction accidents, products liability, and medical malpractice, with the addition of Stephen P. Haber, Esq., of counsel. In addition, we now handle serious injury cases resulting from automobile accidents, premises liability, and wrongful death matters.
Our commitment to providing exceptional client service remains a top priority, as we keep our clients well-informed with detailed and thoughtful status updates. Our firm now represents plaintiffs in personal injury cases across Nassau, Suffolk and Westchester County, as well as all five boroughs of New York City, Long Island, Westchester, and northward to Orange County.
Serious Automobile Accidents
Automobile accidents are a common occurrence on the roads due to the high number of vehicles in use. However, being injured by a car that was negligently driven does not automatically entitle you to sue the owner or operator of the vehicle. States such as New York have “no-fault insurance” regulations that limit lawsuits to more serious cases that meet certain “threshold” levels. In cases where injuries fall below these thresholds, the injured party receives compensation for medical expenses and other costs from their own insurance.
Accidents involving any moving vehicle can occur at any time, with an estimated motor vehicle accident occurring approximately every 10 seconds in the US, totaling about 9,000 accidents per day and approximately 3.2 million each year. Therefore, motor vehicle, aviation, maritime, and train accident cases are the most common type of negligence litigation in the United States. The majority of personal injury and wrongful death cases in American courts involve accidents that occur on roads and highways, including automobiles, trucks, buses, motorcycles, and other motor vehicles such as construction equipment.
At our firm, we have successfully prosecuted hundreds of automobile accident cases and are well-equipped to investigate them quickly, retaining accident reconstruction experts as necessary. If you have been injured in an automobile accident, please don’t hesitate to contact us for a free consultation. Our New York offices are open 24/7 to answer any questions you may have.
The term “Medical Malpractice” refers to negligence on the part of professionals such as doctors, lawyers, accountants, stockbrokers, financial advisors, dentists, architects, nurses, or engineers. However, to prove such negligence, the injured party must retain one or more qualified experts to thoroughly review the case and provide a professional opinion that supports the claim.
Malpractice is commonly seen in cases involving doctors, hospitals, and improper medical care. It may involve any one or combination of a multitude of “departures from good and accepted medical care,” which often result in serious injuries such as:
- brain damage or neurological injuries to an infant before, during, or after birth
- failing to diagnose cancer or other serious medical conditions (e.g., heart attack, fracture, etc.)
- wrong site surgery
- wrongful death
- Erb’s palsy
- cerebral palsy
- delay in treating a serious medical condition
- quadriplegia, paraplegia, and other spinal injuries
- misdiagnosis of serious medical conditions
- nerve damage
- loss of hearing
- loss of sight
- improperly performed medical tests or surgery
- unnecessary surgery
- failing to properly monitor a patient
- failing to obtain a patient’s informed consent to perform or not perform a specific medical procedure or surgery
- cobalt poisoning or overexposure to radiation
- perforation of a patient’s colon or uterus
- foreign objects left in patients after surgery or other medical procedures.
Our firm is experienced in handling medical malpractice cases and has successfully prosecuted hundreds of such cases. If you have been a victim of medical malpractice, please contact us for a free consultation. We are available at our New York offices to answer your questions 24 hours a day, 7 days a week.
Construction accidents are unfortunately common in the New York/New Jersey area. Construction workers, who build the modern skyline, roads, tunnels, and bridges, are often exposed to dangerous working conditions due to employers’ desire to cut corners on safety measures, impose unreasonable schedules, and retaliate against workers who complain about safety violations. In the current economy, workers may remain silent, risking death or serious injury rather than lose their jobs.
This is why most states, including New York, have laws designed to protect construction workers. These laws recognize the inherently dangerous nature of construction work and the fact that it is often carried out in unsafe conditions and without proper safety equipment. When safety takes a back seat to saving money or greed, workers are placed at an unacceptable risk of serious injury or death.
In New York, construction workers have exceptional protection under several provisions of the New York State Labor Law, which hold property and building owners, and general contractors, “strictly liable” for injuries or deaths to workers resulting from a violation of these laws. Importantly, the Labor Law allows workers to recover damages in many situations where they were partially responsible for their accident.
The Labor Law covers construction, repairs, painting, excavation, blasting, demolition, work in or near open or unguarded shaftways or openings, falls from rooftops or through skylights, window washing, collapses, and asbestos removal.
Strict liability under the Labor Law extends to accidents involving defective, improper, or missing safety devices such as scaffolds, ladders, cranes, hoists, and pulleys, as well as falling objects and construction materials.
Even if the Labor Law does not apply to a particular accident, an injured worker may still have the right to sue for negligence if a third party was responsible for the occurrence, including the manufacturer of a defective piece of equipment.
At the very least, an injured worker can seek benefits under Workers’ Compensation, which covers accidents caused by the worker or a coworker.
If you have been injured in a construction or workplace-related accident, please contact us for a free consultation. We are available at our New York offices to answer your questions 24/7.
Serious and Complex General Liability Cases
Premises accidents, excluding motor vehicle-related incidents, are among the most prevalent general liability cases. These accidents can happen on any type of property, and are commonly referred to as property incidents. The term is expansive because there are numerous ways in which people can be injured and various types of premises where accidents may take place. Due to this, specific terms have been used to identify many of these incidents, such as “slip and fall,” “trip and fall,” “snow and ice,” and “inadequate security.”
Premises accidents are a common type of general liability case that can occur in any type of property, such as homes, offices, stores, parking lots, or recreational areas. These accidents can happen due to defective or hazardous conditions, such as loose carpeting, inadequate lighting, slippery floors, falling ceilings, overcrowding, and inadequate security. The danger of premises accidents is that they often occur in places where people feel safe and are not paying attention to potential hazards.
Even experienced attorneys are constantly discovering new ways and places where accidents can occur. That’s why it’s important to consult with a trained and experienced attorney following a premises accident, even if you don’t think you have a case. A knowledgeable attorney can recognize a negligent situation or condition that a lay person may not be aware of.
If you have been injured in a premises accident, please contact us for a free consultation. Our New York offices are available 24/7 to answer any questions you may have.
General Liability Incidents
General liability cases involve situations where an individual or company’s careless or unreasonably hazardous conduct results in harm to others. To prove liability, the law requires evidence that the actor failed to use the same degree of care that a reasonably prudent person would have exercised under similar circumstances. Negligence can take various forms, from doing something that a reasonable person would not have done, to failing to do something that a reasonable person would have done, and can arise from both active and passive conduct.
The body of law that governs general torts is aimed at protecting individuals from harm and has provided the foundation for regulatory frameworks that address toxic torts. As lawyers, we specialize in identifying dangerous and hazardous situations and sometimes even break new ground in tort law.
If you have suffered serious injury due to someone else’s actions or inactions, you may have a valid claim for damages. Contact us for a free consultation at our New York offices, where we are available 24/7 to answer your questions.
Losing a loved one due to someone else’s negligence is an extremely difficult experience for anyone to endure. The legal system acknowledges the right of surviving family members to pursue compensation for the wrongful death of a loved one or someone on whom they were financially dependent.
What is a Wrongful Death Lawsuit?
A wrongful death lawsuit shares many similarities with a personal injury case, but with one crucial distinction: the plaintiff is not the person directly involved in the incident but instead someone who has been affected by the death of the victim. Spouses, children, and other family members are typically the ones who file wrongful death suits, although anyone who can show they were financially dependent on the deceased is entitled to a share of the damages, regardless of their relation to the victim.
Wrongful death cases can arise from a variety of fatal accidents, including car crashes and medical malpractice incidents. Essentially, any situation that would have been a personal injury case becomes a wrongful death case if the victim dies as a result of their injuries, whether immediately or later on.
The statute of limitations for wrongful death claims is 2 years from the date of the victim’s death.
How Are Damages Awarded in a Wrongful Death Lawsuit?
If you win a wrongful death suit, you may receive financial compensation, also known as damages. Damages for wrongful death differ slightly from those for personal injury cases. The court may divide the damages among the plaintiffs, who are often family members with varying degrees of financial dependency on the deceased person. Determining the types of damages to collect and their amounts can be complicated and requires substantial evidence to present in court. Some of the types of damages that the plaintiffs may collect are:
- Medical and funeral expenses
- The deceased person’s future expected earnings
- The loss of benefits and medical coverage
- The loss of retirements, investments, and savings not automatically transferred to an inheritor
- The value of services the deceased person would have provided
- Pain and suffering
- The loss of nurturing and care the deceased person would have provided.
It is crucial to have legal representation in a wrongful death claim. If you believe you are entitled to compensation for the death of a loved one, contact us for a free consultation. We are available 24/7 at our New York offices to answer your questions.
Medical devices are a crucial tool used to treat, repair, and replace various body parts or functions. They can help restore function, extend life, and treat life-threatening conditions. However, like any other product, medical devices are also susceptible to defects and failures. Unlike a defective hairdryer or tire, a defective medical device can result in serious injury or death for the patient.
Several medical devices have been removed from the market or have become the subject of litigation due to their defects. These lawsuits often take the form of “Mass Tort Litigation.” Some of the high-profile medical devices involved in such litigation include:
- hip replacements and implants,
- transvaginal mesh
- breast implants
- dialysis machines
- implants with a risk of cobalt poisoning
- knee replacements and implants
- various stents and shunts
- different types of testing equipment
If you or someone you know has suffered an injury due to a defective medical device, it is essential to seek legal representation. Contact us for a free consultation to discuss your case. Our team is available at our New York offices to answer your questions 24 hours a day, 7 days a week.