Me Too Blog2018-08-29T10:29:44+00:00

Child Injury Lawyer | Laws That Protect Children

WHY THERE ARE LAWS THAT PROTECT CHILDREN We don't leave babies alone in the house because they are not able to take care of themselves at all.  As children grow and mature, they begin to display greater levels of ability and can be rewarded with greater independence.  Laws take this into account and have different protections and expectations for children of different ages.  A child injury lawyer is aware of these laws and how to apply them. EXAMPLES OF CHILD PROTECTIVE LAWS CAR SEATS A statute is a law that is passed by a legislature.  It's written down and needs to be followed precisely.  An example of a law that protects children is New York State's Child Restraint Law, it is found in [Section 1229-c(1), NYS Vehicle & Traffic Law and states: All children must be restrained in an appropriate child restraint system while riding in a motor vehicle, until they reach their 8th birthday. An appropriate child restraint system is one that fits the child according to the manufacturer's specifications for height and weight. The safety belt in your vehicle is not designed for children. A booster seat raises your child up so that the safety [...]

Do I Need a Pediatric Malpractice Attorney?

Pediatric Malpractice Attorneys specialize is handling cases for children that are victims of medical malpractice.  It is a sub-specialty for the types of medical treatment that children receive, and the types of problems that tend to occur.  Of course, just like with medical treatment, a generalist malpractice attorney can handle many of these cases, but it is usually better to go with a lawyer that is more knowledgeable about this particular area.  A really good malpractice lawyer will know everything about the medical procedures for the case, almost as much as a doctor! Did you know that it could be malpractice for some orthopedists to treat children with broken bones?  That's because children have growth plates which an orthopedist that treats adults may not have enough experience with.  A good orthopedist will refer the child to a pediatric orthopedist.  So the same goes with the attorney, who is familiar with adult orthopedic malpractice, but might not be aware of the details of growth plates and what might constitute malpractice by an orthopedist treating a child. Let's review the sub-specialties, starting in the womb: PRE-NATAL CARE/LOST PREGNANCY: Negligent pre-natal care can lead to problems [...]

Psychological Injuries Lawsuits

Some psychological injuries are so severe that they can be as disabling as serious physical injuries.  When a careless or reckless act caused intense trauma, special arrangements must be made when pursuing a lawsuit.  This concept originated with “collaborative divorce,” where a psychologist becomes part of the team so that settlement discussions can stay on track.  With lawsuits that involved extremely traumatic events, this formula can also be applied, and a lawsuit for psychological injuries can be brought. Of course, any accident is traumatic.  Fearing for your life when you are hit by a car or slipping on water and breaking your leg are “traumatic events,”, but these accidents do not shatter the core of your being and cause you to think less of yourself.  In the landmark case of “Brown vs. Board of Education,” school segregation was ended by the Supreme Court based on studies that showed that it was injurious to the self-esteem of African-American children, who believed that “white dolls” were prettier than “black dolls.”  The entire decision was based on the concept that a law could be struck down based on psychological injuries to self-esteem! The most traumatic lawsuits [...]

The Psychological Impact of Bullying

Gone are the days when bullying was considered a “rite of passage” and parents whose children have been bullied are told things like “teach them to stand up for themselves” and that “boys will boys.”  We know now that bullying has serious has a serious lifelong impact on a child, and that it has been linked to the current rash of school shootings. While laws on the books are being strengthened, the enforcement of those laws is lagging behind.  It’s time to hold schools accountable for the harm due to the psychological impact of bullying o their students. According to National Voices for Equality, Education and Enlightenment (NVEEE)“Every 7 MINUTES a child is bullied. Adult intervention – 4%. Peer intervention – 11%. No intervention – 85%.” Students who bully others, are bullied, or witness bullying are more likely to report high levels of suicide-related behavior than students who report no involvement in bullying (Center for Disease Control, 2014).  These harsh facts have led to stronger laws to protect students from bullying, but enforcement is lagging behind.  It is now clear that the psychological impact of bullying can be devastating. The United States [...]

THE PRISON INDUSTRIAL COMPLEX AND IT’S IMPACT ON CHILDREN

Prison conditions in the United States have the lowest standards compared to other highly developed countries, and the neglect and abuse in the for-profit prisons is worst of all.  Most alarming is the situation at Juvenile Detention Centers, where children as young as twelve years old are held.  Thankfully, there are inmate abuse and neglect attorneys bringing cases for these children throughout the country. In 2013, The Huffington Post , in the article “Prisoners for Profit”:reported: In 2001, an 18-year-old committed to a Texas boot camp operated by one of Slattery’s previous companies, Correctional Services Corp., came down with pneumonia and pleaded to see a doctor as he struggled to breathe. Guards accused the teen of faking it and forced him to do pushups in his own vomit, according to Texas law enforcement reports. After nine days of medical neglect, he died. This story is not an anomaly, this is what’s happening to children every day in the American prison system.  Many of them are being held for low-level crimes and simply for “behaviors,” that are offensive, without any crime having been committed.   According to the Prison Policy Initiative, some youths are locked up [...]

When Should I Call a Civil Rights Attorney?

I get calls all the time with people asking me to represent them for violations of their Civil Rights.  Their neighbors are blasting loud music.  They have been fired from their job.  Their co-op is trying to evict them because their children are noisy.  Their neighbor is yelling racial epithets at them.  There is so much misunderstanding about what a Civil Rights Attorney can and can't do for them, that I want to take some time to explain. Lawsuits are expensive, and a Civil Rights Attorney will handle your case on a contingency retainer, but it must be an "actionable" case under the law where is it possible to collect money damages.  This means that there must be "clear liability" on the person or entity being sued, there must be provable economic, physical or psychological damages and it must be possible to collect a judgment.  A Civil Rights Attorney is not a "pro bono" attorney. EXAMPLES OF "ACTIONABLE CASES" AND "NOT ACTIONABLE" CASES Hostile Work Environment:  A co-worker says something nasty about your gender, race, national origin, religion, sexual orientation, etc.  You report it to your boss or the human resources department.  They [...]

WHAT IS A CIVIL RIGHTS LAWYER?

A Civil Rights Lawyer can bring an action on your behalf for violations of Civil Rights guaranteed under New York City, New York State and Federal Law.  There are several common types of civil rights actions: Employment Discrimination: - An employer cannot treat you differently because you are a member of a "protected class" and must reasonably accommodate disabilities.  In the United States most workers are "employees at will," which means that they can be terminated without cause, but they cannot be terminated because of their race, gender, national origin, sexual orientation, etc.  They can be fired for talking too much, not dressing well, or having blue eyes. Sexual Harassment/Hostile Work Environment: You have a right to a work environment free of sexual harassment, racial slurs and other types of abuse. False Arrest: If you are arrested without probable cause, with charges dismissed or found not guilty, you can sue for compensation. Inmate Neglect and Abuse: If you are denied medical treatment or are the victim of an assault while in custody, you can bring an action against the detention center or prison. If you suspect that your civil rights have been violated, [...]

HOW TO PREVENT SUMMERTIME ACCIDENTS

Summer is at full steam with everybody putting on their swimsuits and looking to cool off.    Of course, this is also the time when pool, beach and lake accidents are at their peak.  Whether you’re headed to Coney Island, Brooklyn or The Hamptons on Long Island, it’s worth it to consider how these accidents tend to happen, so you and your family can relax and enjoy your swim. BROOKLYN PERSONAL INJURY ATTORNEY - SWIMMING ACCIDENTS CAN BE DEADLY There are several types of swimming pool accidents that are quite common and one needs to be cautious about: Broken Pool Equipment - When a pool is not properly maintained, pool equipment can become a hazard.  Improperly maintained pools are one of the leading causes of drowning accidents.  Ask to see maintenance records. Negligent Supervision of Children - Poor training of lifeguards and camp counselors who do not know how to properly handle an emergency is glaring hazard.  Before you entrust your children to the supervision of others, ask about training and qualifications. Overcrowding - Every pool must have posted the maximum amount of people that may use it at one time.  If there are [...]

Children Bullied at School – There IS Something You Can Do About it!

CHILDREN BULLIED AT SCHOOL HAVE RIGHTS When I was a child, bullying at school was rampant, and there wasn't much that could be done about it.  When parents complained that their child was being bullied at school, there were told things like "boys will be boys," and that they should teach their child to be more assertive to deal with bullies.  We know now that bullying can lead to depression and even suicide, and there are now laws that protect children from this fate.  In other words, children bullied at school now have rights.  The U.S. Department of Health and human services defines bullying as "unwanted, aggressive behavior among school-aged children," and it must involve "a real or perceived power imbalance."  It must be a recurring problem, not something that just happens once.  It can be physical, verbal or online (cyberbullying.) If your child has an unexplained change in behavior such as: Impaired or deteriorating relationships with peers Difficulty making or keeping friends Increased sense of loneliness Increased anxiety levels or panic attacks Eating disorders Low self-esteem A decline in academic achievement These may be signs that your child is being bullied, [...]

Summer Safety

SUMMER SAFETY TIPS Summer is here and we are all looking forward to fun activities with our family and friends, but summer activities have their hazards, so here are some tips from your Personal Injury Attorney about how to keep things safe: FIREWORKS SAFETY The only safe way to enjoy fireworks in New York City is to view professional displays.  Not only are fireworks dangerous when handled by non-professionals, there is the real risk of spending the holiday in jail!  In New York City, all consumer fireworks including sparklers are illegal to use, buy, sell, or transport. Vehicles used to transport fireworks may be seized by the police. You may receive up to $1,000 for a tip that leads to the arrest and conviction of people selling, storing, or transporting fireworks.  Outside of the City, in Nassau, Suffolk and some parts of Westchester, some types of fireworks, called "sparkling devices" are legal for use by consumers.  According to the New York State Division of Homeland Security and Emergency Services, the "Sparking Devices" that New York State law refers to are considered, "ground-based or handheld devices that produce a shower of colored sparks and or a colored flame, audible crackling or whistling noise and smoke."  These [...]

Your Rights as a Nursing Home Resident

WITTENSTEIN & WITTENSTEIN NYC Nursing Home Neglect Attorney If you are a resident of a nursing home or you have a family member that is a resident, it is important to know that they have certain rights in New York State that must be respected.  NYC Nursing Home Neglect Attorney, Wittenstein & Wittenstein can help you if a facility is not providing proper care. Your Rights as a Nursing Home Resident in New York State: dignity, respect, and a comfortable living environment quality of care and treatment without discrimination freedom of choice to make your own, independent decisions be informed in writing about services and fees before you enter the nursing home the safeguard of your property and money appeal a transfer or discharge with the New York State Department of Health privacy in communications choose your own schedule, activities and other preferences that are important to you receive visitors of your choosing at the time of your choosing an easy-to-use and responsive complaint procedure be free from abuse including verbal, sexual, mental and physical abuse be free from restraints exercise all of your rights without fear of reprisals Source:  New York [...]

You-Too? Sexual Harassment – You Don’t Have to Take it Lying Down

QUEENS SEXUAL HARASSMENT LAWYER CAN HELP YOU A Queens Sexual Harassment Lawyer can help you when you've been treated poorly on the job or at school.  Not so long ago, there was no recourse for these indignities, but times have changed.  Today Roseanne was canceled because of a horrific racist tweet.  Actors and politicians are being brought down due to their treatment of women in the workplace.  Our culture is moving towards zero tolerance of disrespect, and if you’ve been a victim, it’s time to speak up. If you have been a victim of sexual harassment in the workplace, it might be easier to tell your story to a woman attorney.  It’s embarrassing to talk about sexual advances or touching’s at work.  Nobody should have their economic futures at risk due to co-worker’s improper behavior.  No woman should ever have to choose between her dignity and her job. I worked as a teaching assistant for Civil Rights Attorney Haywood Burns and at the (Equal Opportunity Employment Commission (EEOC) during law school, developing a solid foundation in Sexual Harassment law at my Personal Injury law firm Wittenstein & Wittenstein in Forest Hills.  Clients come to [...]