NYC 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.
NYC WRONGFUL DEATH ATTORNEY
How the Law Protects Children
The law takes into account the immaturity and fragility of children and creates laws that have a higher level of protection than those that apply to adults. Not everybody knows this. I was outraged when a mother brought in her son that was hit by a car on his way to school. He was being taken to school by an older child. Her son was 8 and the older child was 10. Probably not the best decision to allow a 10-year such responsibility, but that was in the past. As they were crossing the street, a block from a school where there were hundreds of children on their way in, a driver hit the child. The child flew up onto the hood of the car, and rolled off. The children were in a state of shock, and the driver gave the kid a business card and took off. He didn’t call the police and he didn’t call an ambulance for the child. Clearly, this man was not aware that there are special laws that protect children.
HOW THE LAW PROTECTS CHILDREN THAT ARE AFRAID
The kid went to school and spent the whole day there, afraid to tell his teachers what happened, afraid he might get in trouble. His mother did not know about the accident until he came limping home after school. The driver did not know that he would be held to a much higher standard of care because he was driving in a school zone, where it should be expected that children might cross in the middle of the street or chase a ball. Even if there are no “school zone” signs posted, a reasonable person would notice that a hundred or so children are converging on a school in the morning.
HOW THE LAW PROTECTS CHILDREN THAT ARE CURIOUS
Children love to play, and they can be very curious. When I was a teen, I am embarrassed to admit that I loved to explore burned out houses. My friends and I had a slogan, “If it’s burned out, we’re there!” Luckily, none of us ever got injured, but the owners of those burned-out homes that were accessible would have been in big trouble if we did get hurt! This concept is called “attractive nuisance,” and it holds property owners liable for allowing access to something dangerous that children might find interesting such as a construction site or pool.
DO SPECIAL LAWS THAT PROTECT CHILDREN GO TOO FAR?
This is how the law protects children, and there are many other examples. Car seat safety has evolved to protect children from parents that might be too lazy or cheap to provide safe seating, and it also applies to any caregivers that are in charge of a child. A hospital will not let you take your baby home in a car without an infant seat, hospital personnel will inspect your car and issue an approval. Yes, there are special laws that protect children, and opponents of regulation may feel that they go too far and are too costly to parents and property owners. Let us know how you feel about this.
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:
- 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
- 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.
- 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.”
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.
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
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
PERSONAL INJURY LAWYERS AND CONTINGENCY FEES
Most personal injury cases are handled with a contingency fee. This means that the personal injury lawyer is laying out the money to prosecute the case, only getting paid when there is a settlement or a verdict. For example, if you are involved in a car accident where the other car went through the light, but the other driver is lying and saying you went through the light. If you are seriously injured, an attorney is likely to be willing to take your case and fight to prove that the accident was the other driver’s fault, but if you have minor injuries and little medical treatment, it wouldn’t be worth it. On the other hand, if you are hit in the rear by a drunk driver and your injuries don’t seem serious at first, a lawyer might take this case and follow your treatment to see how quickly you heal as it is likely you will be able to collect something with full liability. That said, it’s always worth it to get a free consultation from a personal injury lawyer to see if they will take the case. At Wittenstein & Wittenstein we will always take the time to speak with you, and if we can’t take your case, you will completely understand exactly why.
Some types of personal injury cases require a very large investment in time and money, so these cases need to be a “slam dunk” on both liability and damages before an attorney will be willing to make an investment. The most frustrating scenario for clients is usually with medical malpractice cases, especially when there is ample evidence that the doctors did something wrong. For example, the doctors did not use the proper procedures at the hospital for a 100-year-old woman, and the woman sadly passed away as a result. It would still be necessary to hire medical experts (doctors) to prepare testimony, which can cost $10,000-$20,000 at a minimum. The life expectancy of a person that is 100 hundred years old is zero, and there are obviously no lost earnings, etc. The problem is that it would cost more to prosecute the case than what can be collected in damages. Another example of a situation where there are not enough damages to prosecute a medical malpractice case is a young healthy person has a procedure that the doctors does wrong, but a second procedure can fix the problem, and the person recovers completely. Here, even if it easy to prove that the doctor’s fault, there is not enough money to collect to make back the investment. If a medical error is egregious and it is not practical to bring a malpractice case, there are sometimes other ways of getting justice. A complaint can be filed with the Department of Health or the Human Rights Commission. These non-profit governmental organizations have funding to prosecute in the public interest and can prosecute health care providers, taking away licenses and issuing fines.
Another type of case that is very expensive to prosecute is defamation. Let’s say a small daycare provider to harassed by somebody calling them a “child molester” which is clearly injurious to their reputation. Defamation cases are usually not taken on a contingency fee, so it would cost the claimant $300-$400 an hour to pay an attorney to represent them. It would take years to prosecute this case and meanwhile there is little that could be done to protect the reputation of the daycare. It would be necessary to prove “damages” in the form of lost earning to the daycare, and a small daycare might not be able to survive this loss long enough for the case to be resolved. A more effective way to handle this might be to file a criminal complaint for harassment. If the perpetrator is arrested and convicted of harassment, parents can be advised that the allegations were baseless and in fact, the person making them was arrested for harassment. This would be a more practical way to put a stop to the defamation and protect the business.
Housing discrimination is another area where public interest organizations can be more effective than a private lawsuit. New York City’s anti-discrimination laws are very strong, actions can be brought under Federal Law, New York State Law and New York Law. For example, if you are discriminated against because of race and not shown an apartment by a real estate agent, but you find another apartment the next day. Even if you can prove the discrimination, there are no damages because you like the apartment that you rented, it’s just as nice as the one you were not shown. No attorney would take this case on contingency as there is little to no money to collect and nobody’s going to lay out $300-$400 an hour which they will not get back just to make a point. The solution here is to file a complaint with the New York City Commission on Human Rights, where the lawyers are paid with tax dollars and donations to prosecute discrimination even if there is no money to collect. There is great protection against many types of discrimination including “families with children,” and transgender persons.
WHAT TO DO IF YOU THINK A PERSONAL INJURY LAWYER WILL NOT TAKE YOUR CASE
There are many more examples of situations where the cost of the case outweighs what is likely to be collected, but it’s not necessary for you to make this determination yourself. If it’s always worth it to have a free consultation with a personal injury attorney any time you suspect you might have a case. The personal injury attorney might be able to suggest another remedy, such as a public interest organization or the police. At Wittenstein & Wittenstein we will go out of our way to help you even if don’t have a case that we can handle for you, so don’t be shy about contacting us. Call 718-261-8114 for a free consultation any time you think you might have a case.
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:
WITTENSTEIN & WITTENSTEIN
SPECIALIZING IN HELPING INJURED CHILDREN
DIFFERENT RULES FOR DIFFERENT CASES
If you are wondering “What should I do if my child is injured, ” the first thing to do is get your child medical care. You must figure which insurance will apply so that your child can get care immediately. Once the injuries are being addressed, its time to consider whether the injuries were preventable had proper care been taken. Consider whether the child was injured in:
- A Traffic Accident – pedestrian, passenger or bicyclist
- Using an unsafe product – a dangerous toy, a harsh soap, etc.
- An unsafe condition – poor lighting, a crack in the sidewalk, a swimming pool with no lifeguard or a poorly trained guard.
- Medical Malpractice – The care received did not help the child, worsened the child’s condition or failure to correctly diagnose the child.
- Other types of negligence
LIABILITY SITUATIONS SPECIFIC TO CHILDREN
The best way to know for sure if you can sue to recover damages for your child’s injuries is to call an experienced personal injury lawyer and discuss the facts of the case. When a child is involved, things that seem like the child’s fault may actually be something an adult should be responsible for preventing. For example, New York Law requires a four-foot fence around pools. If a homeowner doesn’t have a fence the law calls this an “attractive nuisance,” and the owner is responsible if a child trespasses on their property and hurts themselves in their pool. Another example is a child crossing the street between cars on their way to school, (along with 100 other kids going to that school at that time.) A driver would be expected to notice that the streets are full of kids and take extra care. So, if you are wondering, “What should I do if my child is injured,” a good start is to consult with an attorney that specializes in injuries to children. There may be more that can be done than you think.
Please feel free to call us for a FREE CONSULTATION to find out if you have a case for injuries to your child. Call 718-261-8114 for an appointment.
NO WIN, NO FEE: WHAT YOU NEED TO KNOW ABOUT CONTINGENCY FEES WHEN FILING A LAWSUIT
Like anyone with financial concerns, you may be wondering if it is even worth it to file a lawsuit. You may be worried that it is too costly to try to fight for your rights, even if you think you likely have a strong case. It seems unfair: How can you try to take a stand when it costs so much money? How will you come up with the finances to file a civil litigation? What if you lose the case and can’t pay the attorney fees? When you choose to work with Wittenstein & Wittenstein, you need not be concerned about such things, because we work on contingency.
Contingency is an agreement between the attorney and the client wherein the former agrees to be paid only if the client is awarded a sum. If the client gets a favorable verdict or a settlement, then the lawyer will take a normal fee. However, if no money is granted to the plaintiff, then the attorney does not get money, either. By working on contingency, Wittenstein & Wittenstein puts itself at financial risk in order to help you seek justice.
When you decide to accept a settlement or a verdict comes in from a jury, the expenses of the case are deducted from the total award. For example, if the settlement or verdict is $100,000 and there are $1000 in expenses, there is $99,000 left. You would receive $66,000 and the attorney would receive $33,000. You should always receive a breakdown before signing a release which itemizes the expenses (filing fees, medical reports, experts, etc.). You should know exactly what you will be receiving before you sign.
Contingency fee arrangements can vary for different types of cases such as car accidents and medical malpractice. They are regulated by laws that govern contingency fees. Contingency fees are a way for people that cannot afford to pay an hourly fee to an attorney to have a way to get justice if they are injured.
If you believe you have a case and are worried about the financial implications of taking legal action, contact us at 718-261-8114 or email@example.com so we can help you discuss your options and figure out the next best step.