New York Serious Injury Attorneys Berson & Budashewitz, LLP
Practice Areas And Legal Definitions

New York Construction Work/ On the Job Accidents:

Construction labor makes up one of the three most dangerous occupations in the United States today; each year producing thousands of debilitating injuries and wrongful deaths. Factors that contribute to construction accidents include workers lifting loads with worn and weathered cables, working on elevated platforms without fall protection or wearing defective safety harnesses and lanyards, and/or working in trenches with improper benching and using outdated tools and equipment. Farming and manufacturing accidents, as well as the oil and gas industry can also cause serious injury and toxic exposure.

• Toxic Exposure: Due to the tremendous growth of corporate industry in the United States over the past fifty years, the number of dangerous, toxic substances in the environment has grown significantly. Some toxic substances are shown to cause substantial injury to people; i.e. lead-based paint linked to brain damage, especially in children; asbestos linked to lung cancer and restrictive lung disease; dry cleaning and other solvents linked to brain damage and major organ damage; pesticides such as dioxin and DDT linked to birth injuries and toxic landfill waste linked to leukemia.

Construction site personal injury law is not practiced nor understood by many personal injury attorneys. As a result, many personal injury construction claims are often subject to mediocre representation and minimal financial compensation due to improper legal counsel. If you are a construction worker who has been seriously injured in a construction site accident, call work injury lawyers Berson & Budashewitz, LLP today. He is knowledgeable in a variety of construction litigation techniques and successfully tries numerous construction site injury cases.

New York Wrongful Death:

A wrongful death occurs when a person is killed due to the negligence or misconduct of another individual, company or organization. A legal action for wrongful death belongs to the decedent's immediate family members, usually a surviving spouse and children, and sometimes parents. Under certain circumstances, unrelated minor children living with and supported by the decedent may also bring a claim for wrongful death. In order to bring a successful wrongful death cause of action in New York, the following elements must be present:

• The death of a human being caused by another's negligent or intentional conduct.
• The survival of family members who are suffering the loss of financial support, love, care, comfort, supervision, guidance, household assistance and general society previously provided by the deceased.

The general rule in New York in wrongful death cases is that one is entitled to recover both economic and non-economic damages which are suffered as a result of the loss of a loved one. Economic damages in a wrongful death case include an award for the financial contributions which the decedent would have made to his wife, children and/or parents had he or she survived. It also includes the recovery for funeral services in memory of the decedent and for burial costs. Non-economic damages include loss of love, companionship, comfort, affection, society, solace or moral support. New York wrongful death lawyers Berson & Budashewitz, LLP stands ready to serve as your strong guiding hand through the legal procedures that are necessary when a loved one is tragically lost due to wrongful death.

New York Vehicle Accidents:

Legal claims that arise from vehicle accidents are typically governed by the law of negligence. Any individual who negligently operates a motor vehicle may be required to pay damages to an injured victim. A personal injury case involving a vehicle accident may become formalized through civil court proceedings, or may be resolved through an informal settlement before a lawsuit is filed. Vehicle accidents can include:

• ATV accidents
• automobile accidents
• aviation accidents
• bicycle accidents
• boating accidents
• commercial bus accidents
• intersection accidents
• motorcycle accidents
• multiple vehicle car accidents
• pedestrian accidents
• rear end collisions
• semi-tractor trailer accidents
• school bus accidents
• SUV rollover accidents
• train accidents
• truck accidents
• yacht accidents

The surviving family members of a fatally injured accident victim may be able to bring wrongful death charges against the defendant. New York personal injury Attorneys Berson & Budashewitz, LLP has years of experience and a successful track record representing clients who have suffered significant injuries in car accidents and other types of vehicle accidents.

New York Slip and Fall/Premises Liability:

Slip and fall accidents can happen anywhere and can cause serious personal injury. Most slip and falls happen in commercial settings, such as grocery stores, drug stores, office buildings, construction sites, gas stations and malls, but they also happen on private property. Premise Liability accidents can include toxic exposure, animal attacks, swimming pool accidents and amusement park ride accidents. In any event, there exist duties on the part of the property owners to maintain the property responsibly and avoid the existence of hazardous conditions.

Dangerous or defective conditions may be large or small, temporary or permanent. Therefore, investigation of the claim is essential to a successful case. Temporary conditions such as water on the floor of a grocery store or snow and ice on the stairs of a restaurant need to be investigated quickly. If you have suffered a serious injury due to a slip and fall, don't wait until the defendant's insurance company tries to take control of your case - call New York slip and fall injury lawyers Berson & Budashewitz, LLP today. He will stand up for you to get the just compensation you deserve.

New York Medical Malpractice:

Medical malpractice is the failure of a health care provider to follow the accepted standards of practice of his or her profession in the community where the service is rendered. If a physician was careless, lacked proper skills or disregarded standardized rules resulting in injury to a patient, a jury may find the health care provider liable for negligence. Hospitals can also be held liable for the negligence of their employees, including staff nurses and technicians.

Examples of Medical Malpractice include:

• Failing to diagnose a tumor while reading an x-ray
• Puncturing a nearby organ or tissue during surgery
• Failing to order necessary and appropriate medical tests
• Failing to diagnose a condition in time to treat it properly
• Failing to refer a case to a medical specialist
• Prescribing incorrect medication
• Brain Injury
• Birth Injury
• Cerebral Palsy
• Incorrect diagnosis that results in a failure to treat a medical condition
• Failing to properly administer anesthesia
• Emergency room negligence
• Dental Malpractice
• Cosmetic Surgery Malpractice

If you have suffered a serious injury due to the negligence of a doctor or hospital and you are considering a lawsuit, call New York medical malpractice lawyer Jeffrey A. Berson today. He has the legal skill and trial court experience necessary to protect your rights.

New York Dog/Animal Bites:

Every year, millions of Americans are bitten by animals. Being attacked by a dog is an extremely stressful event. Many dog bite injuries leave scars and have lasting emotional effects. In the State of New York, the owner or keeper of a dog is strictly liable for his or her dog, even if it is the first time the dog has injured someone. As long as the injured victim was not trespassing, teasing or tormenting the dog, the keeper or owner of the dog is liable for any injuries sustained. Compensation for a dog bite can include payment for medical bills, pain & suffering, mental anxiety, fear and scarring.

Taking Action:

If you or someone you know in the New York Metropolitan Area, including Brooklyn, the Bronx, Queens, New York, Nassau, Suffolk, or Staten Island needs the representation or legal advice of an experienced serious injury lawyer, call New York accident Attorney Jeffrey A. Berson today at 866-716-5116, or complete the contact form provided on this site to begin your free consultation with Attorneys Berson & Budashewitz, LLP. (Legal services offered in the following languages: English, Spanish, Mandarin, Cantonese, Fukienese and Chinese).