Contaminated Food Products: Protecting Your Rights After Food Poisoning

Food poisoning, also known as foodborne illness, is a serious health concern that affects millions of people each year. It occurs when food or beverages become contaminated with harmful bacteria, viruses, or parasites, leading to a range of debilitating symptoms.

The consequences of food poisoning can range from mild discomfort to severe illness, hospitalization, and even death. If you have suffered from food poisoning, you may be entitled to significant compensation for the damages you have endured.

At Berkowitz & Weitz Law, P.C., we are dedicated to holding negligent parties accountable and securing the maximum compensation you deserve after a food poisoning incident.

Understanding Food Poisoning and Its Impact

Foodborne illnesses can be caused by a variety of contaminants, including:

These contaminants can enter the food supply chain at various stages, from farm to table. Improper handling, inadequate storage, and cross-contamination are common factors contributing to foodborne illnesses.

Symptoms of food poisoning can vary depending on the specific contaminant but often include:

In severe cases, food poisoning can lead to complications such as:

Your Rights After Food Poisoning

If you have suffered from food poisoning due to the negligence of another party, you may have legal grounds to pursue compensation for the damages you incurred. These damages can include:

Our Approach to Food Poisoning Cases

At Berkowitz & Weitz Law, P.C., we understand the complexities of food poisoning cases. Our experienced personal injury attorneys are committed to:

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

Schedule a Free Consultation Today

If you have been affected by food poisoning, contact Berkowitz & Weitz Law, P.C. today. We offer a free consultation to discuss your case in detail and answer any questions you may have. Let us help you navigate the legal process and secure the compensation you deserve for your suffering.

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Sexual Harassment is when a person is subjected to comments or conduct of a sexual nature while at work or a place of public accommodation. It can range from sexual comments about a person’s body, to continuously asking a person out on a date, to comments about wanting to have sex with the person, all the way up to forced sexual contact or even rape. It is all illegal and you do not have to take it.  Furthermore, the New York City Law is so much more protective of employees with respect to Sexual Harassment. For example comments or conduct that may not be considered Sexual Harassment under the state or Federal law, may be covered by the New York City law. New York City has some of the best employment laws for people subject to discrimination based on Sexual Harassment.  Whether it is Man on Woman, Woman or Man, Man on Man, or Woman on Woman, Sexual Harassment is illegal.

Do I have a viable sexual harassment and discrimination case?

Any potential sexual harassment or discrimination case requires a detailed understanding of the facts, the processes, and the law. If such an incident has impacted your life, you will want to consult with an experienced attorney to see if you should pursue a lawsuit.

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

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

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.

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Battery Attorneys | Personal Assault Injury Lawyer NY

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.

When you put your trust in a medical professional, you expect to receive competent care. Unfortunately, when a doctor, hospital, or other healthcare provider fails to meet the accepted standard of care, the results can be devastating. Medical malpractice cases are complex, requiring an in-depth understanding of both medicine and the law. Our New York medical malpractice lawyers at Berkowitz & Weitz Law, P.C., have decades of experience fighting on behalf of injured patients, holding negligent providers accountable, and securing the maximum compensation our clients deserve.


What is Medical Malpractice in New York?

Medical malpractice occurs when a healthcare professional’s negligence causes injury or harm to a patient. To have a valid claim in New York, you must prove that your provider’s care deviated from what a reasonably skilled and competent professional would have done under similar circumstances. This deviation from the “standard of care” must be the direct cause of your injury.

New York is a state with a high volume of medical malpractice cases, and settlements are often higher than the national average. Statistics from 2012 to 2022 show that New York residents filed nearly 16,000 medical malpractice lawsuits, making it a state with one of the highest numbers of cases in the country.


Common Types of Medical Malpractice

Medical negligence can take many forms, often with life-altering consequences. We handle a wide range of malpractice claims, including:


Proving Your Medical Malpractice Claim in New York

To win a medical malpractice case in New York, your attorney must prove four key elements:

  1. Duty of Care: You must establish that a doctor-patient relationship existed and that the healthcare provider had a duty to provide competent care.
  2. Breach of Duty: You must prove that the provider’s actions fell below the accepted medical standard of care. This often requires testimony from a qualified medical expert.
  3. Causation: You must show that the provider’s breach of duty was the direct and proximate cause of your injury.
  4. Damages: You must demonstrate that the injury caused by the negligence resulted in specific damages, such as medical bills, lost wages, or pain and suffering.

The New York Statute of Limitations

In New York, the statute of limitations for a medical malpractice claim is generally two and a half years from the date of the act, omission, or failure. However, there are important exceptions that can change this timeframe:

Given these strict deadlines and complex rules, it is crucial to consult with a lawyer as soon as possible to protect your right to file a claim.

If you have been harmed by medical negligence, you do not have to face this challenge alone. Contact our New York personal injury law firm today to learn how we can help you fight for justice and the compensation you deserve.

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:

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:

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:    

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.


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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.


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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:


Compensation in a Car Accident Case

Damages You Can Recover

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

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.

NYC personal injury lawyer
Andrew D. Weitz and Robert J. Berkowitz have spent nearly 30 years standing up for injured New Yorkers and have recovered millions of dollars for people just like you.

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:

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

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New York Personal Injury Attorneys: Andrew D. Weitz, Partner and Robert J. Berkowitz, Managing Partner

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:


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:


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:

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:

NYC personal injury lawyer
Andrew D. Weitz and Robert J. Berkowitz have spent nearly 30 years standing up for injured New Yorkers and have recovered millions of dollars for people just like you.

Contact Us

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