Please call us for a free consultation and we will be happy to discuss any potential case with you.
Settlement for a 50-year-old male truck driver who suffered catastrophic pelvic injuries as a result of a crane accident. Berkowitz & Weitz Law asserted that the subject crane which caused the accident was operated negligently by the crane company, and that the plaintiff’s severe injuries and permanent disabilities resulted in future lost earnings and prevented him from ever returning to work.
Trial verdict for a 53-year-old female housekeeper who was injured after stepping into a pothole located within a crosswalk, sustaining injuries to the spine and knee requiring numerous surgeries. Berkowitz & Weitz Law filed suit against the City of New York, Con Edison, and multiple additional contractors who were found by the jury to have negligently repaired the pothole at the subject location prior to the happening of the accident, causing the pothole repair to ultimately cave in due to the improper implementation of backfill and sealant.
Settlement for 22-year-old female passenger in single car rollover motor vehicle accident who sustained a fracture to her cervical spine as a result. Berkowitz & Weitz Law filed suit against the driver of the automobile, alleging that the driver was operating his vehicle under the influence of alcohol and was speeding in excess of posted limits.
Settlement for a 39-year-old male New York City Corrections Officer who tripped and fell over improperly placed wires at his place of work, resulting in knee and wrist injuries requiring multiple surgeries. Berkowitz & Weitz Law conducted intensive investigation and discovery, deposing numerous contractors and safety consultants who were performing work in the area, and ultimately failed to provide a safe place for the plaintiff to traverse.
Settlement for a 44-year-old male HVAC repair man who fell from an 8-foot ladder on a construction site, sustaining significant lumbar disc injuries. Berkowitz & Weitz Law alleged numerous violations of New York Labor Law Section 240, which requires general contractors to provide proper ladders to construction workers, in order to protect construction workers from elevation related hazards.
Settlement for a 35-year-old male construction worker fell off of a five-foot scaffold at worksite, resulting in elbow and lumbar disc injuries requiring surgery. Berkowitz & Weitz Law alleged numerous violations of New York Labor Law Section 240, which requires property owners to provide proper scaffolding to construction workers, in order to protect construction workers from the danger of falling from a height.
Settlement for estate of 86-year-old woman who fell while a resident in nursing home and sustained injuries which ultimately lead to her death. Berkowitz & Weitz Law conducted intensive investigation and discovery, deposing numerous doctors and employees of the nursing home, and reviewing over 5,000 pages of records. Berkowitz & Weitz Law was able to determine that not only was the nursing home negligent in the care and treatment of the resident, but was also guilty of numerous statutory violations.
Settlement for a 66-year-old female teacher who was struck in the head by a falling object while teaching in a New York City classroom. Berkowitz & Weitz Law demonstrated that the plaintiff’s traumatic brain injury and subsequent cognitive impairment were caused by the accident, and the firm was able to recover compensation for plaintiff’s lost wages and future diminished earning capacity.
Settlement for a 40-year-old female teacher who was struck in the head and neck by a window that fell from the wall, causing her to sustain a traumatic brain injury. Berkowitz & Weitz Law established that the school negligently maintained the subject window by failing to replace defective and deteriorated window laches.
Settlement for 9-year-old boy who was sexually assaulted after being improperly placed in a foster home with an individual with a prior history of sexually assaulting minors. Berkowitz & Weitz Law alleged that the agency that placed the child in the foster home knew or should have known that the child was being placed into a dangerous situation, and failed to prevent the reasonably foreseeable sexual assault.
Judgment for a 31-year-old male artist who was assaulted at a bar in New York City by another patron and sustained nerve damage and permanent disfigurement. Berkowitz & Weitz Law were able to hold the assailant responsible for his intentional and unprovoked attack.
Judgment for a 56-year-old health aid who sustained lower leg injuries after being crushed by a van when a wheelchair lift was negligently lowered on to her while at work. Berkowitz & Weitz Law asserted that the driver of the commercial van failed to observe the plaintiff prior to the operation of the wheelchair lift.
Settlement for a 28-year-old female cashier who suffered a traumatic finger amputation after placing her hand on an improperly constructed and designed New York City Park fence. After a thorough and intensive investigation and discovery process, Berkowitz & Weitz Law were able to determine that the City of New York had prior written notice of the dangerous and defective condition in the fence prior to the happening of the accident, and failed to replace or repair the hazard.
Settlement for a 48-year-old man who sustained lower leg injuries after slipping and falling on ice in a public New York City Park. With the assistance of an expert meteorologist, Berkowitz & Weitz Law established that the City of New York improperly removed the snow from the running track in the park, causing the snow to refreeze into ice and creating a dangerous condition for runners.
Settlement for a 75-year-old female retiree who sustained a hip injury after falling inside of a private home. Berkowitz & Weitz Law asserted that the homeowner created a dangerous and defective condition inside of the home and that the plaintiff’s trip and fall was reasonably foreseeable.
Settlement for 51-year-old female hair dresser who sustained a fractured leg requiring surgery while a passenger in a two-car motor vehicle accident. As a passenger in the vehicle, the plaintiff filed suit against the drivers of both vehicles and was able to receive compensation regardless of which driver was ultimately at fault.
Settlement for a 28-year-old male who sustained lower leg injuries when he was stuck by a taxi while crossing the street at an intersection.
Settlement for a 41-year-old male who was shot in the arm by an intruder in a NYCHA apartment building. Berkowitz & Weitz Law asserted that NYCHA failed to provide reasonable safety measures, leading to the reasonably foreseeable and preventable assault on the property.
Labor law settlement for a 34-year-old construction worker who sustained lower leg injuries after being struck by falling objects at a construction site. Berkowitz & Weitz Law alleged numerous violations of the Federal Occupation Safety and Health Act (OSHA regulations), which require that materials be properly secured during hoisting or transport.
Settlement for a 63-year-old disabled female who tripped and fell in pothole in the roadway next to a leaky fire hydrant and injured her leg. Berkowitz & Weitz Law asserted that the City of New York’s Department of Environmental Protection had prior written notice of the broken fire hydrant, which caused and created the pothole to form.
Settlement for a 32-year-old flight attendant who sustained injuries to her foot when a falling object struck her at JFK Airport. Berkowitz & Weitz Law asserted that the airport had notice of the dangerous and defective condition prior to the happening of the plaintiff’s accident and failed to correct it.
Settlement for a 31-year-old male registered nurse who was assaulted at a night club with insufficient security, resulting in facial and orbital fractures. Berkowitz & Weitz Law alleged that the night club was negligent for taking inadequate security measures to prevent the foreseeable assault.
Settlement for a 62-year-old male barber who sustained an ankle fracture which required surgery after slipping on snow and ice due to his neighbor’s failure to properly maintain his roof and gutters, resulting in the icy condition forming on the plaintiff’s stairway. Berkowitz & Weitz Law was able to prove that ice that the plaintiff slipped on was caused and created by water dripping from the neighbor’s gutters onto his property.
Settlement for a 42-year-old male NYCHA resident who slipped and fell on urine in his building stairway. After speaking with the residents neighbors and reviewing prior complaints for the building, Berkowitz & Weitz Law established that the urine in the stairway was a specific recurring dangerous condition, of which NYCHA was aware, and which was left unaddressed.
Settlement for a 48-year-old woman who sustained a lower leg injury while attempting to disembark from a New York City bus. Berkowitz & Weitz law asserted that the New York City Transit Authority was negligent in failing to provide a safe place for the plaintiff to alight from the bus after the bus driver stopped the bus directly in front of a dangerous and defective condition.
Medical malpractice settlement for 64-year-old male roofer who fractured his leg following an improper PACU discharge following surgery. Berkowitz & Weitz Law conducted intensive investigation and discovery, deposing nurses employees of the hospital, and reviewing countless pages of medical records which ultimately revealed that the plaintiff should not have been cleared for discharge, and that the hospital staff deviated from the accepted standard of care, causing the plaintiff’s injury.
Trial verdict for a 70-year-old man who sustained a shoulder injury after his vehicle was stuck by a car that ran a red light at an intersection. After establishing that the defendant was negligent in the operation of his motor vehicle for failing to obey traffic signals, the plaintiff was awarded compensation from the jury for his past and future medical expenses.
Labor law settlement for a 27-year-old male construction worker who sustained a labrum tear after being struck by steel beam in shoulder. Berkowitz & Weitz Law alleged numerous violations of New York Labor Law Section 240, which protects workers from gravity related hazards such as falling objects and construction materials by requiring contractors and property owners to provide safety devices and secure materials.
Judgment for 41-year-old security guard who sustained knee and back injuries while a passenger in ride share vehicle involved in an accident with another vehicle. Berkowitz & Weitz Law were able to obtain a judgment against both vehicles for their liability in the accident.
Settlement for 64-year-old woman who slipped on ice and fractured wrist in front of a New York City Park. Berkowitz & Weitz Law established that the City of New York failed to properly remove snow and ice from the park following a snow storm, creating a dangerous condition for patrons of the park.
Settlement for a 61-year-old woman who slipped on ice and fractured her wrist in front of a commercial building. Berkowitz & Weitz Law established that the property owner of the building failed to properly remove snow and ice from the sidewalk in front of the building after a snow storm, creating a dangerous condition for pedestrians.
Settlement for a 25-year-old female receptionist who sustained a leg injury after tripping and falling on a broken plank of wood in the Coney Island boardwalk. Berkowitz & Weitz Law were able to prove that the New York City Parks Department had received prior complaints for the dangerous and defective condition, but repeatedly failed to repair the boardwalk prior to Plaintiff’s accident.
Settlement for a 6-year-old boy who fractured his arm after falling from dangerous and defective playground equipment in a Yonkers playground. Berkowitz & Weitz Law recovered compensation from both the manufacturer of the playground equipment, as well as the City of Yonkers for their negligence in their ownership and maintenance of the equipment.
Settlement for a 30-year-old male who sustained a leg fracture after being assaulted by a delivery driver. Berkowitz & Weitz law asserted that the driver was acting within the scope of his employment when the assault occurred, and that the delivery company negligently hired, supervised, and trained the driver prior to the assault.
Disclaimer: The facts and circumstances of each case are different and each case must be evaluated upon the unique facts and circumstances. The results summarized above are not necessarily representative of the results obtained in all cases. The summaries do not constitute a guarantee of any particular result in any legal matter.
In New York City, the NYPD cannot make an arrest without probable cause. Any arrest made without a warrant has a presumption of being unlawful, and the burden falls on the police to show that probable cause existed for making the arrest. However, there are several specific legal authorities that allow police to make an arrest:
These guidelines ensure that while officers have the tools to maintain public safety, there are checks in place to prevent unlawful arrests and protect citizens’ rights. An arrest made without probable cause is a violation of your constitutional rights and the Police Department may be held liable for damages.
However, navigating false arrest claims can be complex due to the legal protections afforded to police officers. Even if the charges are dropped or you are acquitted, police can argue they had reasonable cause to believe you were involved in a crime. This reasonable cause can significantly impact the outcome of your case.
Moreover, police officers enjoy a level of immunity from prosecution for actions performed within the scope of their duties. As long as their behavior is considered reasonable under the circumstances, this immunity can shield them from liability. This means that, even when challenging an arrest, the legal system often leans in favor of the officers involved, given their established protections.
Understanding these nuances is crucial when considering any legal action related to a false arrest. A successful claim not only hinges on the absence of probable cause but also on overcoming the barriers posed by police immunity and the interpretation of reasonable cause.
False arrests and police misconduct scenarios that can give rise to lawsuits include stop and frisks, unlawful traffic stops, arrests of innocent people where drugs and weapons are discovered within the premises, as well as false allegations of assaulting an officer, trespass, or undercover buy and busts.
However, these are not the only civil rights violations that can occur. The authority granted to law enforcement officers does not place them above the law. Unfortunately, some officers misuse their power, leading to a range of civil rights infringements.
Examples of Violations
Such actions violate the civil rights guaranteed by the United States Constitution and must be addressed to ensure accountability. By understanding these broader issues, individuals can better protect themselves and seek justice when their rights are violated.
Holding law enforcement accountable for false arrests is vital to ensure justice is served and civil rights are preserved. While officers are empowered to uphold the law, this authority does not place them above it. When officers overstep their bounds, it infringes upon the constitutional rights guaranteed to every citizen.
Accountability is essential for maintaining the trust between communities and the police. Without it, public confidence in law enforcement diminishes, leading to a weakened relationship that can compromise community safety.
Unchecked authority can lead to the misuse of power. By holding law enforcement accountable, we deter officers from engaging in misconduct and prevent the abuse of their position. It reinforces the idea that justice applies to all, regardless of their role in society.
False arrests can lead to significant legal and financial implications for the victims, including damage to reputation and loss of employment. Ensuring accountability helps mitigate these consequences and provides a pathway to justice and compensation for those wronged.
By demanding accountability, we promote higher standards within law enforcement agencies. This encourages officers to adhere to professional conduct, reducing occurrences of misconduct and promoting a culture of integrity.
False arrests, although not the norm, do occur with notable frequency in New York City. A telling study by the Cato Institute in 2010 highlighted that 6.8% of all police misconduct complaints involved allegations of false arrest. This statistic suggests a significant issue, but it’s important to note that many incidents likely go unreported. Consequently, the actual number could be much higher. This data gives us a glimpse into the broader challenges faced regarding law enforcement procedures.
In 2015, a total of 22,939 people were subjected to the “stop and frisk” policy. When examining the racial demographics, a significant portion of these individuals were from minority groups.
Overall, this illustrates a notable disparity, with 18,353 of those stopped ultimately found to be innocent.
In addition to false arrests, the NYPD can be held liable for using more force than necessary or excessive force when making a lawful arrest. Police brutality occurs when an individual placed under arrest sustains serious injuries at the hands of arresting officers and is a violation of your constitutional rights.
Any potential injury case involving excessive force or false arrest by the police requires a detailed understanding of the facts, the processes, and the law. If an incident has impacted your life, you will want to consult with an experienced attorney to see if you should pursue a lawsuit.
Police officers have a duty to uphold the law and protect the public. However, there are times when they may overstep their bounds and violate someone’s civil rights. If you believe you have been a victim of police misconduct, such as excessive force or false arrest, you may be entitled to compensation.
When dealing with a false arrest case, it’s crucial to be aware of several time constraints that can significantly impact your case. Failing to act within these limits might compromise your ability to seek justice. Here’s what you need to know:
Acting promptly not only helps you adhere to legal deadlines but also strengthens your case. Consult with a legal professional as soon as possible to protect your rights and navigate these critical time constraints effectively.
If you’ve experienced a situation where you were detained without a clear reason and eventually found yourself free from charges—due to case dismissal, a decision not to prosecute, or an acquittal—you have several legal rights and options to consider.
By exploring these options, individuals can assert their rights and pursue appropriate remedies for the injustice they experienced. If you believe your rights have been violated, taking action promptly is essential to safeguard your interests.
Police misconduct is a broad term that encompasses any action by a police officer that violates your constitutional rights. Here are some specific examples of police misconduct:
If you believe you have been a victim of police misconduct, it is important to take the following steps:
When dealing with a false arrest, remember that legal battles against government agencies can be complex. However, they are not impossible to win. Taking timely action increases your chances of obtaining compensation for economic, physical, and emotional damages. In some instances, if the arrest was particularly malicious, you might even be eligible for punitive damages. These damages serve as a punishment for the responsible officers, rather than just compensation for your losses.
The sooner you reach out to a qualified attorney, the quicker they can begin the detailed investigation your case requires. This proactive approach ensures that your rights are protected and that you are well-prepared to stand up against the power of the police department.
If you find yourself falsely arrested during a traffic stop in New York City, it’s important to know the appropriate steps to protect your rights and seek justice. Here’s what you should do:
By following these steps and seeking professional legal advice, you can better protect your rights and potentially receive compensation for any wrongful actions taken against you.
A false arrest can profoundly disrupt your life, bringing with it several serious consequences and hurdles:
If you can prove misconduct in your arrest, there is the possibility of recouping damages. This typically requires skilled legal representation to effectively argue your case and challenge the presumption of police immunity.
In summary, while the path to redress is fraught with challenges, understanding these obstacles and preparing accordingly can better position you in seeking justice for a false arrest.
If you win a lawsuit against the police, you may be able to recover compensation for a variety of damages, including:
Several factors can affect the value of your case, including:
However, beyond these factors, specific circumstances can significantly strengthen a false arrest case:
Understanding these elements and having a strong legal representation can significantly impact your ability to recover damages.
When considering legal action under personal injury law, there are several categories of cases you might explore. Here’s a breakdown of the most common types:
Severe and Life-Altering Injuries
These cases involve injuries that have long-term or permanent impacts on an individual’s life. Such injuries often require extensive medical treatment and rehabilitation and can significantly affect one’s quality of life.
Construction Site Accidents
The construction industry is fraught with hazards, leading to various accidents. Injuries in this sector can occur due to equipment failures, negligence, or lack of safety measures.
Motor Vehicle Collisions
This category covers a wide range of incidents, including car, motorcycle, truck, and bicycle accidents. Victims can seek compensation for damages and injuries resulting from another party’s negligence on the road.
Inadequate Security Measures
Property owners can be held accountable if poor security leads to harm. This can include failure to maintain safe environments or lack of proper warnings in areas with high risk.
Liability for Dangerous Premises
Property owners are responsible for ensuring their premises are safe. Any injuries due to unsafe conditions, such as slips and falls, may lead to legal claims.
Defective Products
When products malfunction and cause injury, individuals can file lawsuits against manufacturers or distributors. This protects consumers from harmful or faulty products entering the market.
School-Related Accidents
Injuries occurring on school grounds, whether from inadequate supervision or unsafe facilities, can lead to legal action. Schools are required to provide a safe environment for students.
Workplace Incidents
Employees injured on the job due to employer negligence or unsafe working conditions can seek compensation beyond standard workers’ compensation benefits.
Fatality Resulting from Negligence
Cases involving wrongful death arise when an individual dies as a result of another’s negligence or intentional harm. Families can pursue claims to cover losses resulting from the death.
By understanding these categories, individuals can better navigate the legal options available under personal injury law and seek the justice they deserve.
A lawsuit against the police is a complex process. Here is a general overview of the steps involved:
Taking on a government agency in a false arrest case poses unique challenges, primarily due to the agency’s inherent authority and resources. Here’s what makes these cases particularly demanding:
Despite these challenges, winning such a case is not impossible. With the right legal expertise and determination, you can secure compensation for the economic, physical, and emotional damages caused by a false arrest. To improve your chances, building a strong case with comprehensive evidence and an understanding of the legal intricacies is essential.
Suing the police can be a daunting task, but it is important to remember that you have rights. If you believe you have been a victim of police misconduct, an attorney can help you protect your rights and get the compensation you deserve.
Please call us at (212) 240-3880 for a free consultation and we will be happy to discuss any potential case with you.
If you have been a victim of a crime and injured or hurt due to property owners being negligent in their security measures you may be entitled to compensation for your injuries.
Property owners, whether it is a residence, a hotel or a store, must provide basic security and safety for their residents, guests or customers. This basic security includes adequate lighting, working door locks, safe and secure entryways, hallways and walkways.
Injuries and crimes that are the result of a lack of security can be caused by:
If you have been the victim of a crime and been injured negligent security, you be may eligible to be compensated via a lawsuit. Please call us now for a free consultation.
Any potential personal injury case requires a detailed understanding of the facts, the processes, and the law. If an accident has impacted your life, you will want to consult with an experienced attorney to see if you should pursue a lawsuit.
Please call us for a free consultation and we will be happy to discuss any potential case with you.
