WRONGFUL DEATH2018-08-18T19:11:49+00:00

NYC Wrongful Death LawyerNYC WRONGFUL DEATH ATTORNEY

When a person injured by negligence does not survive, it’s a wrongful death.  That’s when you need an experienced NYC wrongful death attorney. If someone in your family has been the victim of wrongful death, you may have the right to seek compensation for their pain and suffering and for their loss to your family.  Such a tragedy requires an experienced NYC wrongful death attorney to handle the case. We leave no stone unturned to get money damages for unpaid medical bills, funeral arrangements, lost wages and other damages incurred due to a wrongful death,

YOU NEED SENSITIVE CARING LEGAL HELP

With a shattered world due to loss, it is difficult enough to get through the day, but there are many details that need to be attended to when a loved one passes.  If the victim was the family’s primary breadwinner, the financial impact can be devastating as well. An experienced NYC Wrongful Death Attorney will help you navigate positively towards the future with financial compensation in place, while you go through the grieving process.

NYC Wrong Death Attorney, Wittenstein & Wittenstein, has been helping people in their time of need for over 60 years.  We are proud to serve New York City residents in: Manhattan, Queens, The Bronx, Brooklyn and Queens. We also serve Long Island and Westchester.

TIME IS OF THE ESSENCE

It is natural to want to put off legal proceedings, which may feel distastful right after a traumatic loss.  This is not the best course because many claims have short filing deadlines and your rights could be lost with delay.  Consult with our NYC Wrongful Death Attorneys today to make sure your claims are preserved.

MONEY FOR EXPENSES WILL HELP YOUR FAMILY

Nothing can bring back your loved one, but help with expenses will benefit your family.  It is possible to claim the following types of compensation for wrongful death due to negligence:

  • Loss of support
  • Loss of care and protection
  • Pain and suffering
  • Medical expenses
  • Funeral costs
  • Lost wages
  • Loss of financial contribution and future inheritance

The best time to start your claim is right now, as delays can jeopardize your rights.  At NYC Wrongful Death Attorney, Wittenstein & Wittenstein, we provide a free consultation for families of victims of wrongful death.  Please make an appointment at our comfortable office in Forest Hills with free parking, and we’ll set your mind at ease by answering all your questions fully and completely.

+718-261-8114

FREE CONSULTATION
NO FEE UNLESS WE WIN

NYC WRONGFUL DEATH ATTORNEY

Black History Month Spotlight: Michelle Obama

Black History Month- Recognizing Notable Lawyer: Michelle Obama We’ve seen Michelle Obama poised by Barack Obama’s side during his presidency countless times. Fashionable and statuesque, she handled her position as first lady with a deftness and grace that belied the initial criticism she faced. For eight years, she proudly served as the premiere  African-American first lady. There is so much more to know about Michelle Obama - here are some things you might not be aware of: 1. She is one of only three first ladies with a Graduate Degree. After graduating Magna Cum Laude with her Bachelors Degree in Sociology from Princeton University, Michelle Obama went on to receive her Law Degree from Harvard Law [...]

Sharks in the Water – Watch Out for Unethical Lawyers

MAKE SURE YOUR YOU HIRE A REPUTABLE ATTORNEY Most attorneys are ethical and diligent, but there are the ones that give us all a bad name.  Dishonest lawyers, like liars in every walk of life, take advantage of trusting souls for a quick buck, whereas ethical attorneys seek to get you great results and provide amazing service, hoping you'll come back and/or refer your friends and family.  Reputable attorneys will never engage in these tactics. Here are some things watch out for when you are looking to hire a reputable attorney: RUNNERS Some attorneys hire people to hang around emergency rooms, getting access to medical records that show which patients are being treated for injuries from [...]

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Remembering Dr. Martin Luther King, Jr. “Darkness cannot drive out darkness; only light can do that. Hate cannot drive out hate; only love can do that.” -Dr. Martin Luther King, Jr   Martin Luther King Jr. Day was officially observed as a national holiday for the very first time on January 20, 1986. Signed into law three years prior by President Ronald Reagan, the day was chosen to be on the 3rd Monday of every January.  His positive messages while fighting for equality set the mood for groundbreaking laws requiring equality.   Sit Wherever You’d Like to New Yorkers love to lament the unreliability of the MTA, and these complaints have some merit, but we can [...]

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NYC WRONGFUL DEATH ATTORNEY

Did I Experience Disability Discrimination at Work?2018-10-30T15:37:26+00:00

Disability discrimination occurs when an entity under the scope of the American Disability Act (ADA) , treats a person less favorably than others because of their disability. Discrimination of this kind also occurs if unfavorable treatment is also directed to someone who has a relationship with a person with a disability. An example of this would be denying a husband a job because he has a wife with cerebral palsy.

A disability as defined by the ADA is a physical or mental impairment that significantly hinders an individual’s major life activities, record or history of said impairment, or the belief by other individuals that a person has those impairments. Someone who has an illness that is expected to last 6 months or less, would not be considered disabled.

One of the most common areas where disability discrimination comes up is in the workforce. For a practice to be discriminatory, an individual must be otherwise qualified  for the applicable position. Disability discrimination can occur during the hiring process, at the start of employment or even after one has been with a company for a while. During the actual course of employment it can occur when it comes to promotions, getting approved for time off and/or retirement.  Employers from both the private and public sector, with companies of 15 or more employees are required to follow the rules under Title I of the ADA.

Here are some practices that can be considered discriminatory:

  1. Request that you take an aptitude or a medical test- This will not be seen as discriminatory if everyone else in the company has to take the same test. If you are ‘singled out’ to take an exam, that is when it is an issue
  2. Ask about a disability, or if someone close to you has a disability- An employer is only allowed to ask you about a disability if they’re doing so to better meet any accommodations you may need. On many applications you may also see questions regarding veteran status and any associated disabilities- this is an exception as it is required by federal law. An employer generally should not be asking you about the nature of your disability or the duration of your disability.
  3. Refuse to make reasonable accommodations- If you need accommodations, your employer will need to know about your disability. Otherwise, how can they address your request? Individuals need to be qualified for the position. The employer does not need to provide the accommodation if it will result with the employer experiencing  “undue hardship.”

If you believe, you’ve been subjected to disability discrimination on the job, do not hesitate to contact Wittenstein & Wittenstein. Call today for a free consultation.

Can an Inmate Sue for Abuse and Neglect?2018-08-18T14:22:42+00:00

NEW YORK INMATE ABUSE AND NEGLECT ATTORNEYNEW YORK INMATE ABUSE AND NEGLECT ATTORNEY

Yes, inmates are entitled to rights while in prison which can be asserted as claims for compensation.  A New York inmate abuse and neglect attorney can be hired to represent you.  If you have been a victim of abuse by prison staff or other prisoners, it’s worth investigating whether you have a claim.  If you have been denied proper medical care, disability accommodation, mental health treatment, you may have a compensatable claim.  You assert these rights, you will need the help of a New York inmate abuse and neglect attorney.

The United States has more people incarcerated that any other country in the World, with conditions much worse than any other developed country.  This is despite the prohibition in the United States Constitution against “cruel and unusual punishment” which prohibits abuse and neglect in prisons.  A New York inmate abuse and neglect attorney is well aware of all the laws that protect inmates and will fight for your rights.

FREE CONSULTATION

+718-261-8114

NO FEE UNLESS WE WIN

NEW YORK INMATE ABUSE AND NEGLECT ATTORNEY

Black History Month Spotlight: Michelle Obama

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NEW YORK INMATE ABUSE AND NEGLECT ATTORNEY

What Can I Do When My Child is Being Bullied at School?2019-01-22T17:22:17+00:00

Parents are very concerned when they ask, “My child is being bullied at school – what can I do?”  There is very much now that can be done, even when a school does not co-operate.  When you tell the school, “My child is being bullied at school,” you may not get much action.  It could be that the school is not aware of their responsibility – they may need to be educated!  There are strong Federal Laws and even stronger New York Laws that require schools to monitor for and eliminate bullying.  It is well-established that bullying can cause depression, anxiety and eating disorders – it can even lead to suicide.

The burden on schools to prevent, notice and eliminate bullying has become very high.  A safe learning environment for all students is now a very high priority in New York, and throughout the country.  Despite the efforts of legislators to put pressure on schools to prevent bullying, it is still up to parents to hold schools responsible when they are lax in eliminating bullying.

There are some factors to consider when you suspect your child is being bullied:

  • Physical abuse is when there is an injury to a child’s a child’s body or to their property
  • Verbal abuse is when there “namecalling” or other types of verbal attacks, out loud or in writing.
  • Social abuse is damage to a child’s relationships or reputation, such as rumors or the intentional exclusion from a group
  • The bullying is more actionable the more often it happens
  • The bullying is more serious if there is a real or perceived power imbalance such as a difference in strength or popularity
  • The bullying causes severe harm, including physical, emotional or psychological harm that requires treatment by a professional

FILING A COMPLAINT WITH THE SCHOOL

When you file a bullying complaint with your child’s school, be sure to include the following information:

  • What you believe the basis of the bullying is, for example, race, gender, ethnicity, sexual orientation, disability, lifestyle, etc.
  • Include a description of the type of bullying, such as verbal, physical, sexual, rumors, social exclusion, cyberbullying (online,) etc.
  • List every person that is involved in the bullying.  Is it teachers, students or other personnel.
  • State where the bullying occurs, is it in school, in the schoolyard, after school or on the bus.
  • State how long it’s been happening
  • Explain the harm that this has caused to your child, physical, emotional or psychological
  • List the names of all the people that the child has complained to.

EXAMPLES OF BULLYING THAT ARE ACTIONABLE UNDER FEDERAL CIVIL RIGHTS LAWS

Racial:  When racial slurs, threatening taunts or other actions are based on the race of a student.

National Origin:  When the harassment is based on a real or perceived belief about where the child or their families members were born.

Sexual Harassment: When students, usually girls, are taunted about the size of their breasts or other sexually related characteristics.

Disability: When a student is harassed about a real or perceived disability and called things such as “retard” or “cripple.”

If you know or suspect that your child is being bullied at school, the first step is to speak to the parents of the likely bully and the school.  If nothing is being done to eliminate the bullying, you may need an experienced Child Injury Attorney to help you.  See our blog article on bullying at school and call us for FREE CONSULTATION.

Our Accident Lawyer Blog

Here you will find a wealth of useful information for victims of negligence, property owners, and safety buffs.  Negligence is carelessness, and when that carelessness causes an injury, a cause of action for compensation can arise.  Learn what you can for yourself and when an accident lawyer can help you.  We respond quickly to all comments, and will gladly take your phone call if you have any questions.  Our phone is answered by a real live human being who will let you know when an attorney is available to speak to you, not just bleep you over to voicemail.  (Occasionally, if we are very, very busy, our voicemail might pick up, but we’ll call you right back.)

Learn how a top accident lawyer can show compassion for your situation and clearly explain all the options.  Please explore our blog and feel free to CONTACT US.

PERSONAL INJURY ATTORNEY

SERVING NEW YORK CITY, QUEENS, BROOKLYN, THE BRONX, STATEN ISLAND AND LONG ISLAND

FOR MORE THAN 60 YEARS

Alyce B. Wittenstein
Alyce B. WittensteinSenior Partner
From Car Accidents to Police Brutality, you can count on Alyce B. Wittenstein, Esq. to go the extra mile.

MY CHILD IS BEING BULLIED AT SCHOOL?

WHAT SHOULD I DO?

TAKE ACTION NOW
CALL WITTENSTEIN & WITTENSTEIN FOR A FREE CONSULTATION
YOU’LL BE GLAD YOU DID
When Should You Call an Employment Attorney?2019-01-22T17:22:36+00:00

Wondering whether you should call an Employment Attorney?  There are many different types of employment issues, and therefore different types of employment attorneys.  Here are some of the areas of practice for an Employment Attorney:

  • Employment Discrimination
    • Unequal Pay
    • Failure to Hire
    • Discriminatory Termination
  • Sexual Harassment/Hostile Work Environment
  • Employee Benefits
  • Worker’s Compensation
  • Workplace Safety

Before you meet with your Employment Attorney, you should put together all of the documents you have regarding your claim.  For example, if you have papers that show that you are getting paid less than others with similar jobs and qualifications, you should bring that with you.  If your boss has been sending you inappropriate e-mails, bring print-outs when you see your Employment Attorney.

EMPLOYMENT ATTORNEY ACCEPTS CONTINGENCY FEES FOR SOME CASES AND CHARGE HOURLY FOR OTHERS

You should be sure to ask your employment attorney what how they will be charging you for their services.  If they will be charging an hourly rate, make sure that they give you an estimate of how many hours will be required for your case.  Those hours can accumulate quickly if the litigation becomes hotly contested!  If you have a claim that is in the “public interest,” but there are no damages that can be collected, an employment attorney to help you locate the proper organizations to file with.

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Can I Sue My Boss For Asking Me Out on a Date?2018-07-19T12:29:25+00:00

Sue your boss for harassment? If your boss asks you out on a date, you say “no,” and that’s the end of it, probably not.  There is no law prohibiting your boss from simply asking you out on a date.  On the other hand, if your boss asks you out on a date, you say “no,” and things change in the workplace, then it might be sexual harassment.  Let’s say that after you turn him down for the date, you notice that you are being overlooked for overtime and promotions.  That’s against the law, and action should be taken.  With the same scenario, he doesn’t take no for an answer and keeps asking you out after you’ve clearly and decisively turned him down.  That’s sexual harassment.  It’s a “hostile work environment” when you are constantly plied with requests for dates!  What must be established is that there is a “pattern” of treatment that creates a “hostile work environment.”

Let’s say this boss that asks you out is your manager at a large company.  If isn’t taking no for an answer, the next step is to report the situation to upper management or to the Human Resources Department.  This complaint should be in writing.  Upper management is responsible for making sure that there is not a hostile work environment for employees.  They should reach out to your boss about the complaint and make sure it never happens again.  If, after you’ve made the complaint, the behavior continues, there is an actionable claim against the business.

For more information, see our articles:

Call us for a FREE CONSULTATION at 718-261-8114 – you’ll be glad you did!

 

NYC WRONGFUL DEATH ATTORNEY