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:
- Understaffing: Not enough employees to provide residents with adequate attention.
- Inadequate Training: Staff who lack the skills to handle medical conditions, dietary needs, or emotional distress.
- Poor Management: A failure by administrators to enforce safety protocols, conduct background checks, or address complaints.
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.
- Bedsores (Pressure Ulcers): These are a clear sign of inattentive care, often caused by residents not being moved or repositioned frequently. In severe cases, they can lead to dangerous infections like sepsis.
- Falls: Unsupervised residents, wet floors, or broken equipment can lead to severe fractures, head injuries, or even wrongful death.
- Malnutrition & Dehydration: A failure to provide sufficient food and water or to assist residents who have difficulty eating.
- Medication Errors: These can be caused by giving the wrong medication, the wrong dose, or failing to administer medication on time.
- Infections: Unsanitary conditions or a failure to provide proper medical care can lead to dangerous infections.
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:
- Initial Investigation: We gather all relevant documents, including medical records, incident reports, and staff logs.
- Filing the Complaint: We file a formal complaint against all responsible parties, officially starting the lawsuit.
- Discovery: This is where we exchange evidence with the other side, taking depositions and building our case.
- Mediation & Settlement: Many cases are resolved through negotiation. We will aggressively fight for a fair settlement.
- 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:
- Economic Damages: These are the quantifiable, out-of-pocket costs of the injury. They include medical bills, the cost of moving to a new facility, and funeral expenses.
- Non-Economic Damages: These are the intangible losses related to the injury. They include pain and suffering, emotional distress, and loss of enjoyment of life.
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.
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.
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
- Intersection Collisions
Many accidents occur when vehicles fail to yield the right-of-way at intersections, leading to dangerous collisions with cyclists. - 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. - Overtaking Misjudgments
Drivers frequently miscalculate the space required to pass cyclists safely, resulting in close calls and potentially severe crashes. - 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. - 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.
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.
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.