Select Results:

Please call us for a free consultation and we will be happy to discuss any potential case with you.

$4,000,000

Trial Verdict. 53 year-old female housekeeper injured after stepping into pothole in crosswalk, sustained injuries to the spine and knee requiring surgeries

$2,750,000

22 year-old female passenger in single-car rollover motor vehicle accident, sustained a fracture of the cervical spine

$2,290,000

39-year-old male corrections officer tripped and fell over improperly placed wires, resulting in knee and wrist injuries requiring surgery

$2,210,000

44-year-old male HVAC repairman fell from an 8-foot ladder on the job, sustaining lumbar disc injuries

$2,000,000

35-year-old male construction worker fell off of a 5-foot scaffold at the worksite, resulting in an elbow and lumbar disc injuries requiring surgery

$550,000

9-year-old boy sexually assaulted after being improperly placed in a foster home with an individual with prior history sexually assaulting minors

$500,000

28-year-old female cashier suffered finger amputation after placing her hand on an improperly constructed and designed New York City park fence

$435,000

51-year-old female hairdresser sustained a fractured leg requiring surgery while a passenger in a two-car motor vehicle accident

$285,000

31-year-old male registered nurse assaulted at a nightclub with insufficient security resulting in facial fracture

$270,000

62-year-old male barber sustained an ankle fracture requiring surgery after slipping on ice

$18,500

70-year-old male suffered a cracked tooth after biting a contaminated piece of candy

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.

Holding Those Accountable for Abuse in Foster Care

Foster care abuse should never happen. Children placed into foster care, on either a temporary or permanent basis, have the right to be placed in a home where they are safe and free of danger, from both adults residing in the home as well as other children. Unfortunately, this is not always the case and there have been situations where children have been negligently placed into homes with foster parents who are abusive, suffer from mental illnesses, who have relatives that are registered sex offenders who visit or reside within the home or are placed with other minors who have a documented history of violence or sexual abuse.

The idea of a foster home is to provide a safe and nurturing environment for children who cannot be with their biological families. When that safety is shattered by abuse, the consequences can be devastating. If you or your child has been abused in foster care, you may have legal options to hold those responsible accountable.

Who Can Be Liable for Foster Care Abuse in New York?

In many cases of foster care abuse, more than one party may be responsible. Here’s a breakdown of potential liable parties:

• Foster Parents: Those directly responsible for the child’s care have a legal duty to provide a safe and healthy environment. If they abuse or neglect the child, they can be held legally liable.
• Child Placement Agencies: Agencies have a responsibility to thoroughly screen potential foster parents and monitor placements to ensure child safety. Failure to adequately screen or monitor can lead to liability if abuse occurs.
• Government Agencies: Government agencies that oversee the foster care system may be held liable if they fail to properly oversee child placement agencies or address known safety issues.

How Our Firm Can Help

Any potential foster care abuse case requires a detailed understanding of the facts, the processes, and the law. If foster case abuse has impacted your life, you will want to consult with an experienced attorney to see if you should pursue a lawsuit.

At Berkowitz & Weitz Law, P.C., we understand the immense trauma inflicted by abuse in foster care. Our experienced attorneys can help you explore your legal options and fight for the compensation you deserve. We will:

• Investigate the circumstances of the abuse.
• Gather evidence to support your claim.
• Negotiate with liable parties on your behalf.
• Represent you in court, if necessary.

Why Choose Berkowitz & Weitz Law, P.C.?

We are committed to protecting the vulnerable and holding those accountable for causing harm. We offer compassionate and dedicated representation throughout the legal process.

Contact Us for a Free Consultation

If you or your child has been abused in foster care in New York, contact Berkowitz & Weitz Law, P.C. today for a free consultation. We will discuss your case and answer your questions.

Disclaimer

This content is for informational purposes only and should not be construed as legal advice. Please consult with an attorney to discuss your specific situation.

Assault and battery are serious intentional torts that can result in significant physical and emotional harm. While often used interchangeably, assault is the intentional act of causing a person to fear imminent harmful contact, while battery is the actual intentional, offensive, or harmful contact itself. At Berkowitz & Weitz Law, P.C., we are dedicated to helping victims of assault and battery pursue justice and secure the compensation they deserve.

Understanding the Difference: Assault vs. Battery

• Assault: A threat of force or violence that causes a reasonable fear of imminent harm. No physical contact is required. An example is a bouncer saying, “I’m going to punch you in the face,” causing a patron to reasonably fear a punch.
• Battery: The intentional, unwanted, and offensive physical contact itself. Battery can be direct, such as a punch, or indirect, such as throwing an object that hits another person.

These two torts often occur together, but it is crucial to have an experienced attorney to advise you on which claims to pursue. We handle cases ranging from disputes between individuals to incidents occurring in a bar, club, or restaurant.

How We Build Your Civil Case

In New York, the burden of proof for a civil assault or battery claim is a “preponderance of the evidence,” which is a less stringent standard than in a criminal trial. This means we must prove it is more likely than not that the defendant’s intentional actions caused your injury.

Our attorneys will build your case by:

1. Gathering Evidence: We collect critical evidence such as witness testimonies, surveillance footage, and police reports.
2. Assessing Damages: We work with medical and financial experts to calculate all of your losses, including:
   • Past and future medical expenses
   • Pain and suffering
   • Emotional distress
   • Lost income and reduced earning capacity

The Cost of Legal Representation

We understand that you may be concerned about the cost of hiring an attorney. Our firm operates on a contingency fee basis, which means you won’t pay any legal fees unless we successfully recover damages on your behalf.

Contact Us for a Free Consultation

If you or a loved one has been a victim of assault and battery, you have powerful legal rights. Contact us today for a free, confidential consultation. Our experienced team will review your case, explain your options, and help you take the next steps toward a full recovery.

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:

• Arrest Warrant: Police can arrest an individual if they possess an arrest warrant issued by a judge.
• Probable Cause: Officers are also empowered to make an arrest if they have probable cause to believe that the person has committed a particular crime. This means that based on the facts and circumstances, a reasonable officer would believe a crime has been committed.
• Fleeing the Scene: If there is a credible reason to believe a person is a criminal attempting to flee the scene of a crime, officers have the authority to apprehend them.
• Interference with Police Work: An arrest can also be made if an individual is interfering with a legitimate police investigation or arrest process.

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

• Excessive Force: Officers may apply unnecessary physical force during an arrest.
• Unlawful Detention: Holding individuals without proper legal grounds.
• Racial Profiling: Targeting individuals for stops based on race or ethnicity.

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.

Why Holding Law Enforcement Accountable for False Arrests Matters

Upholding Justice and Civil Rights

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.

Maintaining Public Trust

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.

Preventing Abuse of Power

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.

Legal and Financial Repercussions

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.

Encouraging Professional Conduct

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.

How Common Are False Arrests in New York City According to Studies?

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.

• Black individuals comprised the largest segment with 12,223 people stopped, accounting for over half of all stops.
• Latino individuals represented approximately 29% of those stopped, with 6,598 encounters.
• In contrast, white individuals made up about 11% of the total, with 2,567 stops.

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.

Do I have a viable police excessive force or false arrest case?

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.

When Can You Sue the Police for Excessive Force or False Arrest?

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.

Understanding Time Constraints in False Arrest Cases

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:

Statute of Limitations

1. Varying Durations: Different jurisdictions have their own statute of limitations for filing a false arrest lawsuit. This period typically ranges from one to three years.
2. State-Specific Rules: Be sure to check the specific laws in your state or consult a legal expert to ensure compliance with these deadlines.

Notice of Claim Deadlines

• Claim Against Government Entities: If your arrest involved law enforcement or any government agency, you might need to file a notice of claim. This is often required within a short window, sometimes as little as 90 days from the date of arrest.

Evidence Preservation

• Timely Evidence Gathering: Delays in taking action can also affect the availability of evidence. Witness accounts, surveillance footage, and other crucial pieces of evidence can be lost or degrade over time.

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.

Understanding Your Legal Rights After a False Arrest

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.

Civil Liberties and Legal Recourse

1. Consult with a Civil Liberties Attorney: Your first step should be to reach out to a qualified civil liberties attorney. They can help evaluate whether you have grounds to file a claim for false arrest. This professional guidance is crucial in determining the strength of your case and navigating the legal system.
2. Filing a False Arrest Claim: If the arrest was without just cause, you might have the right to pursue a lawsuit for false arrest. Successful claims often hinge on demonstrating that the arresting officers had no probable cause or exceeded their legal authority.
3. Seeking Compensation: In cases of false arrest, you may be eligible to receive compensation for damages incurred during your unlawful detention. This can cover a variety of impacts, such as emotional distress, legal fees, and loss of income.
4. Understanding Statutes of Limitations: Be aware of the time limits involved in filing a claim. Legal statutes of limitations can vary, and missing these deadlines can prevent you from pursuing legal recourse. An attorney will be invaluable in ensuring you meet these requirements.

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.

What is Police Misconduct?

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:

• False arrest: This occurs when a police officer arrests you without probable cause. Probable cause is the legal standard that justifies an arrest. It means that the police officer has a reasonable belief that you have committed a crime.
• Excessive force: This occurs when a police officer uses more force than is necessary to make an arrest or subdue a suspect.
• Unlawful search and seizure: This occurs when a police officer searches you or your property without a warrant, or when the warrant is invalid.
• Malicious prosecution: This occurs when a police officer knowingly files false charges against you.

What to Do If You Believe You Have Been a Victim of Police Misconduct

If you believe you have been a victim of police misconduct, it is important to take the following steps:

• Gather evidence: If possible, try to document the incident. This may include taking pictures or videos of your injuries, getting witness statements, and keeping any paperwork you receive from the police.
  
• File a complaint: You can file a complaint with the police department’s internal affairs unit. This step is crucial as it officially records your grievance and starts an internal review.
• Contact an attorney: An attorney can advise you of your legal rights and help you determine if you have a case against the police. Seeking legal help promptly is vital because legal time limits may apply, which could affect your ability to pursue justice.

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.

What Steps Should a Driver Take if Falsely Arrested During a Traffic Stop in New York City?

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:

1. Stay Calm and Document the Incident
   Remain composed and gather information about the situation. Take note of the officers’ badge numbers, patrol car details, and any witnesses nearby who may have seen the events unfold.
2. Do Not Resist Arrest
   While you might feel this arrest is unfair, resisting could lead to additional charges. Cooperate fully while remembering key details of the incident.
3. Request an Attorney Immediately
   Once detained, clearly assert your right to speak with a lawyer. Contact an attorney as soon as possible to discuss your options and navigate the legal process effectively.
4. File a Complaint with the NYPD
   Following your release, submit a formal complaint with the Internal Affairs Bureau of the NYPD. This is crucial for maintaining a record of your experience and initiating an investigation into the incident.
5. Consider Filing a Civil Lawsuit
   After consulting with your lawyer, you may decide to pursue a civil lawsuit for damages related to false arrest. Laws like the Civil Rights Act can provide the basis for such claims.
6. Gather and Preserve Evidence
   Collect any evidence that can support your case, such as photos, videos, and witness statements. This information will be valuable in proving your claim.
7. Monitor Changes to Laws and Policies
   Stay informed about any updates to legal protocols in New York City that could impact your case or future proceedings.

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.

Understanding the Consequences and Challenges of a False Arrest

A false arrest can profoundly disrupt your life, bringing with it several serious consequences and hurdles:

Immediate Consequences

1. Stress and Anxiety: Being wrongly detained can cause significant emotional distress and fear.
2. Time and Financial Costs: The process can be costly, involving legal fees and lost time from work or personal obligations.
3. Stigma and Reputation Damage: Even if innocent, the stigma of an arrest can linger, impacting personal and professional relationships.

Legal Challenges

• Complex Legal Process: Navigating a false arrest claim in civil court is far from simple. Even if cleared of any charges, proving the arrest was unjust can be difficult.
• Proving Unreasonable Conduct: To succeed, you must demonstrate that the police acted without reasonable cause. However, they often have immunity for actions deemed reasonable under the circumstances.
• The Burden of Evidence: Strong evidence is crucial, especially if the arrest seems arbitrary, discriminatory, or based on racial profiling.

Potential for Redress

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.

What Damages Can You Recover in a Lawsuit Against the Police?

If you win a lawsuit against the police, you may be able to recover compensation for a variety of damages, including:

• Medical expenses: This includes the cost of treating any injuries you sustained as a result of the police misconduct.
• Lost wages: If you were unable to work due to your injuries, you may be able to recover compensation for lost wages.
• Pain and suffering: This includes compensation for the physical and emotional pain you endured as a result of the police misconduct.
• Punitive damages: In some cases, you may also be awarded punitive damages to punish the police officer for their misconduct. These damages are not awarded to compensate for your losses but serve a different purpose. They are intended as a form of punishment for the officer(s) involved, particularly when the arrest can be shown to be especially malicious. This decision often lies with the jury, who assess the circumstances and the severity of the misconduct to determine if punitive damages are warranted. This serves as a deterrent, aiming to prevent similar actions in the future and uphold justice.

What are Some Important Factors in Determining the Worth of a Case Against the Police?

Several factors can affect the value of your case, including:

• The severity of your injuries
• Whether you were arrested and charged with a crime
• The strength of the evidence of police misconduct
• Whether you have any prior criminal record

However, beyond these factors, specific circumstances can significantly strengthen a false arrest case:

• Arbitrary Arrest: If the arrest lacked proper justification, it can be a critical point in your case.
• Discrimination: Evidence of discriminatory practices during the arrest can bolster your claims.
• Malicious Intent: Demonstrating that the arrest was made with malice can add substantial weight.
• Racial Profiling: If racial profiling played a role in your arrest, it can be a decisive factor.

Understanding these elements and having a strong legal representation can significantly impact your ability to recover damages.

Exploring Personal Injury Law: Types of Cases You Can Pursue

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.

What are the Steps Involved in a Lawsuit Against the Police?

A lawsuit against the police is a complex process. Here is a general overview of the steps involved:

• Consultation: You will meet with an attorney to discuss your case.
• Investigation: The attorney will investigate the incident and gather evidence.
• Filing a lawsuit: The attorney will file a lawsuit on your behalf.
• Discovery: Both sides will exchange information and evidence.
• Negotiation: The attorney will attempt to negotiate a settlement with the police department.
• Trial: If a settlement cannot be reached, the case will go to trial.

Challenges of Opposing a Government Agency in a False Arrest Case

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:

1. Government Authority: The police department represents governmental power, which means they have substantial legal and institutional backing. This can make the prospect of filing a lawsuit intimidating, as the agency typically has access to experienced legal teams.
2. Complex Legal Framework: Cases against government bodies are governed by specific regulations that distinguish them from ordinary civil matters. These rules can create additional hurdles, requiring a deep understanding of the law and potentially affecting the strategy and approach needed to succeed.
3. Qualified Immunity: Law enforcement officers often have qualified immunity, a legal doctrine that shields them from liability unless it’s proven they violated clearly established statutory or constitutional rights. Overcoming this defense is a significant challenge in proving misconduct.
4. Evidence and Documentation: Gathering compelling evidence is critical and often more difficult when dealing with government defendants. Their access to resources and information means they may have the upper hand in building a defense that counters claims of false arrest.
5. Extended Timelines: Legal battles with government agencies can be protracted due to the slow-moving nature of bureaucracy. This can lead to extended timelines for reaching a resolution, which can be mentally and financially exhausting.

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.

Contact Us

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 injured in a bicycle or pedestrian accident in New York, you may be entitled to compensation for your injuries. At Berkowitz & Weitz Law, P.C, we have a team of experienced attorneys who can help you get the compensation you deserve.

The dangers of cycling and walking in New York City

New York City can be a dangerous place for cyclists and pedestrians. Traffic congestion, distracted drivers, and poorly maintained roads all contribute to the risk of accidents. In recent years, there has been a rise in the number of cyclist and pedestrian fatalities and injuries. E-bikes are involved in a significant number of these accidents.

Several factors contribute to these incidents, often unique to the operation of bicycles:

• Defective Roadway Design or Maintenance: Poorly designed or maintained roads can lead to dangerous situations for cyclists. Potholes, road debris, and maintenance problems are common culprits.
• Impaired Visibility: With the city’s constant hustle and bustle, impaired visibility can pose a significant risk, particularly in low-light conditions or during inclement weather.
• Unique Scenarios: In New York, it’s not uncommon for pedestrians to be struck and injured by bicycle messengers or delivery persons, adding to the complexity of urban cycling safety.

These factors, compounded by the city’s dense traffic and bustling pedestrian activity, highlight the need for enhanced safety measures and awareness among both cyclists and pedestrians. By understanding these risks, we can work towards creating safer streets for everyone.

How Environmental Factors Contribute to Bicycle Accidents

Bicycle accidents are often the result of environmental conditions that present unique challenges to cyclists. Understanding these factors can help in taking preventative measures to ensure safer rides.

Roadway Design and Maintenance

Deficient roadway design or lack of proper maintenance can be a major hazard. Roads that aren’t designed with cyclists in mind often lack adequate space, making navigation difficult. Additionally, poorly maintained roads with potholes or uneven surfaces can lead to loss of control and accidents.

Visibility Concerns

Impaired visibility is another significant contributor. Cyclists may find themselves in danger due to low light conditions, inadequate street lighting, or obstructions that block their view. Such visibility issues can make it harder for cyclists to notice hazards or for drivers to see them.

Road and Path Conditions

The actual condition of roads and cycling paths plays a critical role. Hazards like debris, gravel, or surface irregularities can cause cyclists to swerve unexpectedly or skid, leading to accidents. Furthermore, interactions with natural obstacles such as loose animals can also pose direct threats.

By addressing these environmental factors, both cyclists and urban planners can work towards creating a safer cycling environment.

Your legal rights after a bicycle or pedestrian accident

If you have been injured in a bicycle or pedestrian accident, you have the right to file a personal injury lawsuit against the party responsible for your injuries. This could be the driver of a motor vehicle, the owner of a property, or a government agency.

Understanding Common Bicycle Accident Lawsuits in New York

Bicycle accidents in New York can result in a variety of legal cases. The most frequent involve interactions with motor vehicles and challenging road conditions. Here’s a closer look at the typical scenarios:

Motor Vehicle-Related Accidents

1. Intersection Collisions
   Many accidents occur when vehicles fail to yield the right-of-way at intersections, leading to dangerous collisions with cyclists.
2. Unexpected Turns
   A common situation is when motorists make sudden turns, especially left ones, directly into the cyclist’s path, often without proper signaling or awareness.
3. Overtaking Misjudgments
   Drivers frequently miscalculate the space required to pass cyclists safely, resulting in close calls and potentially severe crashes.
4. Lack of Road Sharing
   Some drivers, including those operating large vehicles like trucks and buses, do not adequately share the road, forcing cyclists into precarious situations or off the road entirely.
5. Dooring Incidents
   “Dooring” incidents occur when a vehicle occupant opens a door into the path of a cyclist without checking for oncoming traffic, a surprisingly common cause of accidents in urban settings.

Environmental and Other Factors

Bicyclists also face hazards from their environment and specific city conditions:

• Poor Road Conditions
  Hazards like potholes, road debris, and general maintenance issues pose significant risks to cyclists.
• Defective Design or Maintenance
  Cases may arise from poorly designed or maintained roads and bike paths that contribute to accidents.
• Visibility Issues
  Poor lighting or obstructed views can make it challenging for both cyclists and drivers to notice each other until it’s too late.
• Unique Local Challenges
  In urban areas like New York, accidents can also involve pedestrian-cyclist incidents, such as those involving bicycle messengers and delivery personnel.

These various factors contribute to the complexity and diversity of bicycle accident lawsuits in New York, highlighting the importance of awareness and safety for both cyclists and motorists.

How a Bicycle or Pedestrian Accident Lawyer Can Help

A bicycle or pedestrian accident lawyer can help you navigate the legal process after an accident. They can investigate your accident, gather evidence, and negotiate with insurance companies on your behalf. An attorney can also represent you in court if necessary.

Why Choose Berkowitz & Weitz Law, P.C

At Berkowitz & Weitz Law, P.C, we have a proven track record of success in helping injured cyclists and pedestrians obtain compensation for their injuries. We are committed to providing our clients with personalized attention and aggressive representation.

Our legal team is known for its dedication to meticulous case preparation, ensuring every detail is addressed to maximize your chances of a successful outcome. This thorough approach has earned us the trust of both our peers and clients alike.

Our attorneys are not only well-regarded in the legal community but are also actively engaged with local cycling and pedestrian safety organizations. This involvement keeps us connected to the issues that matter most to our clients, allowing us to advocate effectively on their behalf.

When you choose Berkowitz & Weitz Law, P.C, you’re selecting a team that values transparency, communication, and results. Whether you’re an avid cyclist or a concerned pedestrian, our expertise and community engagement make us the right choice for your legal needs.

These cases highlight the serious consequences that can arise from bicycle accidents and the substantial compensation that may be pursued in such matters.

Contact us today for a free consultation

If you have been injured in a bicycle or pedestrian accident, contact Berkowitz & Weitz Law, P.C today for a free consultation. We will review your case and advise you of your legal options.

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:    

• Negligent hiring of security personnel and staff
• Improper or poor training of security staff
• Assaults and other crimes
• Poor or inadequate lighting
• Failure to maintain locks, doors, windows
• Failure to maintain security alarm cameras and systems
• Lack of proper security evaluation for the premises
• Unsecured entrances and exits

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.

Do I have a viable security or crime victims compensation case?

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.

Contact Us

Please call us for a free consultation and we will be happy to discuss any potential case with you.

While many car accidents are simple fender-benders resulting in minimal damage, automobile accidents remaiIn New York, a motor vehicle accident can turn your life upside down in an instant. The aftermath often involves painful injuries, mounting medical bills, and lost income, all while you navigate a confusing legal and insurance process. At Berkowitz & Weitz Law, P.C., our experienced New York motor vehicle accident attorneys are here to protect your rights, handle the complexities, and fight for the maximum compensation you deserve. We are your dedicated advocates, ensuring you can focus on your recovery while we handle the legal battle.

Common Types of Motor Vehicle Accidents We Handle

Our firm has extensive experience representing victims in all types of motor vehicle accidents, regardless of the vehicle involved. We understand the specific laws and liabilities that apply to each type of incident.

• Car Accidents: From fender-benders to catastrophic collisions, we handle cases involving distracted driving, speeding, and other forms of negligence.
• Truck Accidents: These cases are often more complex due to federal regulations and the severe injuries they cause. We investigate driver fatigue, improper loading, and company negligence.
• Motorcycle Accidents: We represent injured riders, fighting to overcome the bias that often unfairly places blame on motorcyclists.
• Pedestrian and Bicycle Accidents: We protect the rights of those on foot or on a bike who are injured by negligent drivers in our busy city streets.

Key Steps to Take After an Accident

Your actions immediately following an accident can have a significant impact on your case.

1. Seek Medical Attention: Your health is the priority. See a doctor right away, even if your injuries seem minor. This creates a critical medical record of your condition.
2. Document the Scene: If you can safely do so, take photos of the accident scene, vehicle damage, and any visible injuries.
3. Gather Information: Collect the other driver’s contact and insurance information. Do not admit fault or apologize.
4. Report the Accident: File a police report. In New York, you must file a report for any accident that causes injury or damage over $1,000.

Understanding Negligence and Liability in New York

New York is a “no-fault” state, which means your own insurance company typically covers your initial medical expenses and lost wages, regardless of who caused the accident. However, if your injuries are severe, you can step outside of the no-fault system and file a personal injury lawsuit against the at-fault driver.

To win your case, our motor vehicle accident attorneys must prove the other driver was negligent. This means proving they failed to act with a reasonable level of care, such as:

• Speeding
• Driving under the influence
• Distracted driving (texting while driving)
• Disobeying traffic laws

Damages You Can Recover

The compensation you can recover in a motor vehicle accident lawsuit is broken down into two main categories:

• Economic Damages: These are the quantifiable, out-of-pocket costs of the accident, including medical bills, lost wages, property damage, and future medical expenses.
• Non-Economic Damages: These are the intangible losses, such as pain and suffering, emotional distress, and loss of enjoyment of life.

If you or a loved one has been injured in a motor vehicle accident, don’t wait. Contact our attorneys at Berkowitz & Weitz Law, P.C., for a free, confidential consultation to discuss your case.

Contact Us

Please call us for a free consultation, and we will be happy to discuss any potential case with you.

Taking this step is crucial because the time you have to initiate legal action is limited. Acting promptly can make a significant difference in the outcome of your case.

With our expert guidance, you’ll be able to navigate the complexities of your situation and avoid common pitfalls that could jeopardize your right to compensation. Our experienced team is here to ensure your rights are protected and to help you make informed decisions moving forward.

Construction Accidents and New York Labor Laws

Construction sites can be dangerous places. Workers face a variety of hazards, from falling objects and electrical wires to scaffolding collapses and trench cave-ins. In New York, Labor Law Section 200 protects construction workers from these dangers by imposing strict safety standards on construction companies.

What is Labor Law Section 200?

Labor Law Section 200 is a New York law that protects the safety of construction workers. The law requires construction companies to provide workers with safety devices such as scaffolding, guardrails, and safety nets. It also requires construction companies to develop and implement safety plans to prevent accidents.

Who is Protected by Labor Law Section 200?

Labor Law Section 200 protects a wide range of construction workers, including:

• Bricklayers
• Carpenters
• Electricians
• Ironworkers
• Laborers
• Painters
• Plumbers
• Roofers
• Sheet metal workers
• Welders

What if I am Injured in a Construction Accident?

If you are injured in a construction accident, you may be entitled to compensation for your injuries under Labor Law Section 200. To file a claim, you must be able to show that your injuries were caused by a violation of Labor Law Section 200. This means that you must show that the construction company failed to provide you with the required safety devices or failed to implement a safety plan.

How Can a Lawyer Help?

An experienced construction accident lawyer can help you investigate your accident and determine if you have a case under Labor Law Section 200. They can also help you collect evidence and negotiate with the insurance company on your behalf.

Contact Us Today

If you have been injured in a construction accident, contact Berkowitz & Weitz Law, P.C today for a free consultation. We will review your case and advise you of your legal rights.

Trusted Legal Representation for Personal Injury Lawsuits

If you’ve been injured in an accident, the immediate financial burdens can be overwhelming. The constant stream of medical bills and the stress of lost income can add a new layer of suffering to your recovery. At Berkowitz & Weitz Law, P.C., our NYC injury lawyers are dedicated to helping you recover all of your economic damages. We fight to ensure you are fully compensated for every dollar you have lost, so you can focus on your health, not your finances.

What Are Economic Damages in a Personal Injury Case?

Economic damages are the quantifiable, out-of-pocket costs directly related to your accident and injuries. These are the expenses that have a clear price tag, and you have a right to recover them from the at-fault party. Our legal team meticulously calculates and aggressively pursues all of your financial losses.

Common Types of Economic Damages We Recover:

• Past and Future Medical Expenses: This includes everything from the immediate costs of your emergency room visits and hospital stays to the long-term expenses of physical therapy, prescription medications, home healthcare, and even future surgeries. We work with medical professionals to accurately project these lifelong costs.
• Lost Wages and Income: An injury can force you to miss work, resulting in a direct loss of income. We not only recover the wages you have already lost but also fight for compensation for a loss of earning capacity if your injuries prevent you from returning to your previous job or earning a similar wage in the future.
• Property Damage: If your car, motorcycle, or other personal property was damaged in the accident, the costs to repair or replace it are a part of your economic damages.
• Out-of-Pocket Expenses: We also account for less obvious costs, such as transportation to medical appointments, childcare, or domestic help if your injuries prevent you from performing daily tasks.

How We Build a Strong Case for Your Financial Recovery

While your bills and pay stubs provide a starting point, securing full compensation requires a detailed and strategic approach. Our New York personal injury lawyers work with a network of financial experts, vocational specialists, and medical professionals to:

• Accurately Calculate Future Losses: We don’t just look at what you’ve lost already. We project your future medical costs and loss of earning capacity to ensure you are compensated for a lifetime of care.
• Gather Critical Evidence: We organize and present your medical bills, wage statements, and other financial records in a clear and compelling way to insurance companies and, if necessary, to a jury.
• Negotiate Aggressively: Insurance companies will often try to minimize your settlement. We handle all communication with them and use our years of experience to fight for a fair and just recovery.

Your focus should be on your physical recovery, not on the stress of financial hardship. Let our NYC injury lawyers for medical bills and lost wages handle the legal complexities of your case.

Contact Berkowitz & Weitz Law, P.C. today for a free, confidential consultation.

When you go out for an evening in New York City, you have a right to expect a safe environment. Unfortunately, poor management or a lack of security can turn a night of fun into a devastating ordeal. If you were injured due to negligence at a bar, club, or restaurant, you may have a valid claim. Our NYC bar, club, and restaurant liability attorneys are here to hold negligent parties accountable and fight for the compensation you deserve.

Understanding the Duty of Care

Property owners, managers, and staff of these establishments have a legal duty of care to protect their patrons from foreseeable harm. This responsibility extends beyond basic cleanliness and includes protecting against accidents and dangerous behavior. When they fail in this duty, and a patron is injured as a result, they can be held liable.

Injuries & Negligence: What Constitutes a Claim?

Liability in these cases can arise from a number of negligent actions or inactions. Our legal team is experienced in investigating and litigating a wide range of claims, including:

• Slip and Fall Accidents: Injuries caused by wet floors, broken stairs, poor lighting, or other hazardous conditions.
• Negligent Security: When inadequate staffing, poor security training, or a failure to install cameras or other safety measures leads to a foreseeable crime.
• Assault and Battery: Injuries sustained from a fight, either by another patron or a bouncer, when the establishment failed to maintain order.
• Over-Serving Patrons: Accidents caused by visibly intoxicated individuals who were negligently served too much alcohol. In New York, this falls under Dram Shop Law, which holds establishments liable for the actions of their intoxicated patrons. The New York State Liquor Authority is the government body that oversees these regulations.
• Food Poisoning: Sickness or injury from contaminated food or beverages.

How We Build Your Liability Case

Proving negligence requires more than just showing you were injured. Our attorneys work to establish a direct link between the establishment’s negligence and your injuries. We do this by:

• Gathering Evidence: We collect incident reports, security camera footage, eyewitness statements, and employee records.
• Proving Foreseeability: We investigate the establishment’s history of similar incidents to prove they should have known of the danger.
• Calculating Damages: We work with medical professionals and financial experts to calculate all of your losses, including medical bills, lost wages, and pain and suffering.

Contact Us

Please call us for a free consultation and we will be happy to discuss any potential case with you.