Entrusting the care of a loved one to a nursing home is a difficult decision. You have a right to expect a safe environment where they are treated with dignity and receive professional care. When that trust is violated through neglect or abuse, our New York nursing home neglect lawyers are here to hold the responsible parties accountable. We are dedicated to fighting for the most vulnerable members of our community and securing the justice and compensation they deserve.


What is Nursing Home Neglect?

Nursing home neglect occurs when a facility, its staff, or its administrators fail to provide a resident with the care they need, resulting in harm. This is different from intentional abuse, but the consequences can be just as severe.

Common acts of negligence often result from systemic issues within the facility, such as:


Common Injuries Caused by Negligence

Negligence can lead to a wide range of preventable injuries and medical conditions. These issues often become the focus of a nursing home neglect lawsuit.


The Legal Process in a Nursing Home Lawsuit

The legal process for a nursing home negligence claim can be complex, but our firm handles every step for you:

  1. Initial Investigation: We gather all relevant documents, including medical records, incident reports, and staff logs.
  2. Filing the Complaint: We file a formal complaint against all responsible parties, officially starting the lawsuit.
  3. Discovery: This is where we exchange evidence with the other side, taking depositions and building our case.
  4. Mediation & Settlement: Many cases are resolved through negotiation. We will aggressively fight for a fair settlement.
  5. Trial: If a fair settlement cannot be reached, we are prepared to take your case to court to seek a verdict from a jury.

Damages You Can Recover

In a nursing home negligence lawsuit, your family can seek compensation for a range of damages:


Contact Us for a Free Consultation

If you suspect your loved one is a victim of neglect, do not wait. The well-being of your loved one is paramount. Contact our New York nursing home neglect lawyers today for a free, confidential consultation.

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

Motor Vehicle Accidents

$200,000

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.

Construction Accidents

$5,990,000

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.

Premises Liability

$4,000,000

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.

Construction Accidents

$2,290,000

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.

Motor Vehicle Accidents

$240,000

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.

Premises Liability

$450,000

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.

Lack of Security & Crime Victims Compensation

$350,000

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.

Nursing Home Neglect

$1,300,000

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.

Premises Liability

$285,000

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.

Assault & Battery

$500,000

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.

Dangerous & Defective Products

$115,000

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.

Subway / Train Accidents

$250,000

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.

Premises Liability

$950,000

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.

Premises Liability

$135,000

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.

Bicycle & Pedestrian Accidents

$425,000

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.

Premises Liability

$750,000

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.

Construction Accidents

$315,000

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.

Construction Accidents

$500,000

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.

Premises Liability

$300,000

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.

Premises Liability

$260,000

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.

Premises Liability

$450,000

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.

Medical Malpractice

$250,000

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.

Assault & Battery

$100,000

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.

Construction Accidents

$230,000

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.

Premises Liability

$160,000

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.

Premises Liability

$150,000

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.

Premises Liability

$500,000

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.

Premises Liability

$270,000

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.

Construction Accidents

$2,000,000

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.

Bar, Club, Restaurant Liability

$285,000

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.

Motor Vehicle Accidents

$435,000

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.

Construction Accidents

$2,210,000

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.

Abuse in Foster Care

$550,000

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.

Motor Vehicle Accidents

$2,750,000

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.


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:

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:

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.

 

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 bicycle accident 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 & Pedestrian 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 Accident Lawyer Attorney Can Help

Our seasoned bicycle accident attorneys 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 Bicycle Accident Lawyer Attorneys, 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 bicylcle and pedestrian accident attorneys are is known for their 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 bicycle accident attorneys who value 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.

Bicycle Accident Lawyer Attorney

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.

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 scaffold accident injuries 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.

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.