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IF YOU HAVE INFORMATION ON WHERE TO FIND THE ATTACKER PLEASE CALL POLICE: 1-212-267-RAPE BROOKLYN, NEW YORK (July 16, 2016) Police are searching for a man that violently attacked and raped a 60-year-old woman in the boiler room of an apartment complex by 463 Berriman Street in East New York, according to ABC 7. Police officers received a call at around 6:00 a.m. that a woman had been repeatably punched in the face and raped. The woman was grabbed from behind and dragged in the boiler room. The sexual assault took place in the basement of the apartment building on Berriman Street. Officials are saying that the victim was with a friend prior to the assault collecting recyclables. Authorities have been able to identify the suspect as black and wearing maintenance type clothing before fleeing. An investigation into the attack is being done by Brooklyn Special Victims Squad. Some of the residents of the apartment building where the rape took place say that the basement has had a history of break ins. The super of the building has made some attempts to secure it, but the break ins kept happening. One of the key elements of negligence is foreseeability. The history of break ins at this apartment complex likely made it foreseeable that there would be future break ins. The property owner at the apartment building where the assault took place may therefore be liable for assaults resulting from break ins. Had the basement been properly secured in such a way to prevent future break-ins, then this tragedy may never have happened. We implore the NYPD to conduct a thorough investigation into this vicious assault. There needs to be steps taken IMMEDIATELY to properly secure the basement of the apartment in order to prevent a similar attack. Unfortunately, many property owners fail to keep their premises safe until they are left facing down an enormous lawsuit. Thy NYPD Has Provided a Photo of a Possible Suspect: Robert Wolff Robert H. Wolff is a member and partner of the prestigious New York City Personal Injury Law Firm of Rosenberg Minc, Falkoff, & Wolff, LLP. Mr. Wolff graduated from SUNY Albany, cum laude, in 1978 with a B.A. in Psychology and American History. Thereafter, he attended St. John’s University School of Law, where he was a member of the Moot Court Team and the Criminal Law Society, graduating in 1981 with a Juris Doctor’s degree.

GAS COMPANY MAY BE LIABLE FOR INJURIES AND HOME EXPLOSION MASONVILLE, NEW YORK (July 16, 2016) A 31-year-old man is in critical condition after a home explosion on Wednesday when he attempted to light a propane hot water heater in the basement, according to 12 Action News. Authorities have been able to identify the man that was injured as Shayne Charles. Two people that were passing by the home were able to extract the man from the basement of the house. He was later transported to the Upstate Medical Center in Syracuse. Delaware County Emergency Services rushed to the scene of the accident following the explosion. Delaware Fire Deputy Officials said that the house caught on fire at 3949 State Route 206 and eventually burned to the ground. There was also a woman outside the home at the time the propane tank exploded. Kerry Vaccaro, 29, from Mount Upton was injured in the blast and later transported to the hospital for her injuries. The updated medical condition of  Kerry Vaccaro and  Shayne Charles remain unknown at this point. An investigation into the accident is still ongoing, but the local gas company may be liable for the home explosion. Most gas explosions are a result of some problem with the gas line, the propane tank or an appliance. It's disappointing and unfortunate that this incident was labeled an "accident" in the absence of a lengthy investigation. If the gas company had some degree of negligence in this tragedy, then they should be held accountable. HELPING THOSE IN NEED BY RAISING AWARENESS If you or someone that you know has been affected by this accident, we will gladly help raise awareness of any gofundme campaign set up to support the victim or their family. We can link to it in this post which is then spread across our social media platforms. You can send your request to: gofundmerequest@gmail.com. Our staff were deeply saddened and shocked to learn about the tragic explosion accident injuring Shayne Charles and Kerry Vaccaro. Our thoughts and prayers are with the victims as they go down the difficult road to recovery. If there is anything at all that we can do for them as they seek medical treatment, we would be more than happy to lend our support 212-344-1000. We know a number of doctors who work with people that have suffered burn injuries. Robert Wolff Robert H. Wolff is a member and partner of the prestigious New York City Personal Injury Law Firm of Rosenberg Minc, Falkoff, & Wolff, LLP. Mr. Wolff graduated from SUNY Albany, cum laude, in 1978 with a B.A. in Psychology and American History. Thereafter, he attended St. John’s University School of Law, where he was a member of the Moot Court Team and the Criminal Law Society, graduating in 1981 with a Juris Doctor’s degree.

INADEQUATE WINDOW GUARD MAY BE RESPONSIBLE FOR TRAGIC ACCIDENT BRONX, NEW YORK (July 6, 2016) A 5-year-old child was seriously injured after falling 5 stories threw a window at an apartment building on Bristol Street, according to CBS News. ( map) Reporters have been able to identify the boy that was injured as James Frierson. The accident happened on Tuesday in the Crotona Park East section of the Bronx. This comes just two days after a three-year-old fell to his death at an apartment complex in Harlem. Investigators indicated that there were window guards properly in place at the apartment where the boy fell. Yet, somehow, the boy was able to fit through the open window.  The window guard that James fell threw was subsequently replaced with a taller guard in order to prevent a similar accident. The boy is currently listed in stable condition at NewYork-Presbyterian/Columbia University Medical Center. There may be liability on the part of the building owner if inadequate window guards were installed in the boy's apartment. According to Title 24: Department of Health and Mental Hygiene, window guards on sliding windows must have solid metal blocks attached to the window which prevent the window from opening more than 4 1/2 inches from the guard. The relevant passage reads as follows: (1) Sliding windows. A solid metal block, measuring at least one half the depth of the window track and one half the width, shall be securely fastened by two (2) screws into the bottom window track, and a solid metal block or an "L" shaped metal stop shall be securely fastened* by two (2) screws into the upper window track, to prevent the window from opening more than 4 1/2 inches. Had the proper window guard and stopping blocks been in place this tragedy may never have happened. This is just one of the things that investigators will need to look at. HELPING THOSE IN NEED BY RAISING AWARENESS At the RMFW Law Firm we believe in giving back to the community and helping those who are in need. If you or someone that you know has been affected by this accident, we will gladly help raise awareness of any gofundme campaign set up to support the victim or their family. We can link to it in this post which is then spread across our social media platforms. You can send your request to: gofundmerequest@gmail.com. Our staff at the RMFW Law Firm were deeply saddened to learn about this terrible accident. It is an absolute relief that James is alive and recovering from his injuries. Many children do not survive falls from similar heights. Our thoughts and prayers are with the family as they work with their child down the long road to recovery. It is outrageous that the building management thinks that it can make things right for this family by installing a taller window guard after an accident has already taken place. Who knows how many other children are at risk in the same building by window guards that don't meet safety standards? If there is any guidance at all that we can provide for the family of this accident as they work to secure their legal rights, our phones are always on 212-344-1000. Gary Silverstein Gary Silverstein has been a partner of Rosenberg, Minc, Falkoff & Wolff since 2001, and an associate of the firm since 1989. Mr. Silverstein graduated with a Bachelor of Science degree from State University of New York College at Oneonta in 1983. Mr. Silverstein holds a degree of Juris Doctor from the University of Miami School of Law, having graduated in 1988.

FAULTY TIRE MAY BE TO BLAME FOR CRASH BOLTON, NEW YORK (July 1, 2016) A 74-year-old man from Glens Falls was injured when the truck that he was driving in experienced a tire blowout sending it off the Northbound by exit 24 and down an embankment, according to the POSTAR. ( map) Authorities have been able to identify the man that was injured as Richard C. Sears. Richard Sears is the owner of Richard Sears Tree Experts and was driving a company vehicle at the time of the car accident. He was transported to the Glens Falls Hospital where he was treated for facial cuts as well as a possible neck injury from the rollover accident. The exact cause of the collision is still under investigation. However, it appears that the tire may have ruptured due to a tread separation. Tire tread separations can be deadly and occur most often in large cargo trucks. Tread separations can cause rollover accidents leading to serious injuries and often death. Manufacturer defect is one of the most common causes of a tread separation. The defect typically occurs during the chemical bonding process while the tire is still being created. HELPING THOSE IN NEED BY RAISING AWARENESS At the RMFW Law Firm we believe in giving back to the community and helping those who are in need. If you or someone that you know has been affected by this accident, we will gladly help raise awareness of any gofundme campaign set up to support the victim or their family. We can link to it in this post which is then spread across our social media platforms. You can send your request to: gofundmerequest@gmail.com. Our staff at the RMFW Law Firm extend our thoughts and prayers to Richard Sears and his family as he recovers from such a catastrophic crash. We encourage the police to conduct a thorough investigation into exactly what happened. If there was a manufacturer defect with the tire, those who created the tire should be held responsible. Gary Silverstein Gary Silverstein has been a partner of Rosenberg, Minc, Falkoff & Wolff since 2001, and an associate of the firm since 1989. Mr. Silverstein graduated with a Bachelor of Science degree from State University of New York College at Oneonta in 1983. Mr. Silverstein holds a degree of Juris Doctor from the University of Miami School of Law, having graduated in 1988.

According to the Bureau of Labor Statistics (BLS), the overall incidence rate of cases involving non-fatal occupational injury and illnesses which required absence from work to recuperate in 2014 was 107.1 cases for every 10,000 full-time workers. There were 1,157,410 days-away-from-work cases in state government, local government, and private industry. The same year, the preliminary total of fatal work injuries was 4,679. Abrasive blasting is a job that comes with high risk of injury. Compressed air or water is used to direct a high-velocity stream of abrasive material to clean a surface or object, apply a texture, remove burrs or prepare a surface to apply paint or other types of coating. It is vital for employers to make sure that they protect workers from toxic metals and hazardous dust levels that may be generated from both the underlying coatings and substrate being blasted and the blasting material. Types of Abrasive Blasting Materials The decision to use a specific type of abrasive blasting material depends on factors such as job specifications, cost, worker health, and environment. The most commonly used materials in abrasive blasting include: Silica sand Garnet sand Coal slag Copper slag Nickel slag Steel grit Steel shot Glass – crushed or beads Specular hematite (iron ore) Alternative blasting materials that are less toxic include: Dry ice Sponge Plastic bead media Sodium bicarbonate, or baking soda Ground corn cob, ground walnut shells, and other biodegradable materials High pressure water Health Hazards of Abrasive Blasting Abrasive blasting operations can result in high levels of dust and noise. There may be toxic materials, such as silica, lead paint, etc. in abrasive material and the surface being blasted and these materials are hazardous to workers. Silica sand, or crystalline, can lead to lung cancer, silicosis and breathing problems in workers who are exposed. Garnet sand and coal slag may result in lung damage that is similar to silica sand. Copper slag, glass and nickel slag also have the potential to cause lung damage. Trace amounts of toxic metals such as beryllium, arsenic and cadmium can be found in slags. Protecting Workers from Exposure to Abrasive Blasting Materials Every abrasive blasting operation is unique and involves different blast materials, surfaces, coatings, and working conditions. Before operations begin, employers should make sure that hazards are identified and that a knowledgeable person who is trained to recognize hazards and quickly authorize taking corrective action to eliminate these hazards. It is critical for employers to make sure that PPE (personal protective equipment) including respiratory protection, administrative and engineering controls, and training is provided to workers who are involved in abrasive blasting activities. If you or a loved one is harmed in an abrasive blasting operation due to your employer’s negligence, you should immediately seek the help of a skilled and judicious personal injury attorney at Rosenberg, Minc, Falloff & Wolff of RMFW Law at 212-344-1000. We have won millions of dollars for past clients. You too can be on this profound and memorable list. We know how to win cases and we know which direction to take and when to take it. Gary Silverstein Gary Silverstein has been a partner of Rosenberg, Minc, Falkoff & Wolff since 2001, and an associate of the firm since 1989. Mr. Silverstein graduated with a Bachelor of Science degree from State University of New York College at Oneonta in 1983. Mr. Silverstein holds a degree of Juris Doctor from the University of Miami School of Law, having graduated in 1988.

TRUCK DRIVER ARRESTED AFTER DEADLY PEDESTRIAN ACCIDENT BROOKLYN, NEW YORK (June 22, 2016) – A 27-year-old cyclist was killed in a tragic car accident after she was hit by a truck making a left turn near Evergreen Avenue onto Hart Street, according to the Gothamist. The truck driver involved in the Bushwick crash has been arrested. Authorities have been able to identify the woman that died as Leah Sylvain. Police and paramedics rushed to the scene of the collision in order to tend to the downed bicyclist who was suffering from head trauma. Leah Sylvain was transported to a local area hospital where she later died due to her injuries. Online records show that the driver of the fuel truck worked for the Emp Fuel Oil Company. HELPING THOSE IN NEED BY RAISING AWARENESS At the RMFW Law Firm we believe in giving back to the community and helping those who are in need. If you or someone that you know has been affected by this accident, we will gladly help raise awareness of any gofundme campaign set up to support the victim or their family. We can link to it in this post which is then spread across our social media platforms. You can send your request to: gofundmerequest@gmail.com. Our staff were heartbroken to hear about the fatal bicycle accident killing Leah Sylvain. Everyday pedestrians in New York are placed at risk through the actions of reckless drivers. We implore the NYPD to thoroughly investigate this accident and to take the necessary steps to prevent these types of tragedies in the future. If there is anything at all that we can do for the family as they work to get all of the facts, we would be glad to help 212-344-1000. Gary Silverstein Gary Silverstein has been a partner of Rosenberg, Minc, Falkoff & Wolff since 2001, and an associate of the firm since 1989. Mr. Silverstein graduated with a Bachelor of Science degree from State University of New York College at Oneonta in 1983. Mr. Silverstein holds a degree of Juris Doctor from the University of Miami School of Law, having graduated in 1988.

COMPANY BEHIND SEMI TRUCK ACCIDENT MAY BE LIABLE FOR DEATHS WAWAYANDA, NEW YORK (June 15, 2015) - A tragic car accident involving a semi-truck killed a 29-year-old mother after the truck ran into the back of the stopped vehicle on Interstate 84. The car involved in the accident appears to have been stopped on the road after it ran out of gas. Authorities have been able to identify the woman killed in the crash as Jesenia Valentin. Two children also died due to their injuries in the freeway collision on I-84. Police were able to identify them as Angelina Rodriguez and Asyria Ferrer. It remains unclear what caused the Freightliner tractor-trailer to crash into the back of the Volkswagon Passat involved in the accident. But the truck driver may not have seen the car or payed close enough attention to the road ahead. Our staff at Rosenberg, Minc, Falkoff & Wolff were absolutely heartbroken to learn about the tragic deaths of Jesenia Valentin and the two children also involved in the crash. We extend our thoughts and prayers to the families who must now cope with such an incredible loss. We encourage any witnesses who may have seen the accident to come forward and report to the police for the sake of the victim's families. If there is anything at all that we can do in support of her family we would be glad to help at 212-344-1000. Robert Wolff Robert H. Wolff is a member and partner of the prestigious New York City Personal Injury Law Firm of Rosenberg Minc, Falkoff, & Wolff, LLP. Mr. Wolff graduated from SUNY Albany, cum laude, in 1978 with a B.A. in Psychology and American History. Thereafter, he attended St. John’s University School of Law, where he was a member of the Moot Court Team and the Criminal Law Society, graduating in 1981 with a Juris Doctor’s degree.

According to the Bureau of Justice Statistics’ National Crime Victimization Survey (NCVS), 346,830 sexual assaults or rapes of persons 12 years or older were reported in 2012. And according to a new survey by the Association of American Universities (AAU), 23%, or 1 in 4, of female college students said that they are sexually assaulted before they graduate. These numbers are significantly higher than the numbers reported in 2014. The National Sex Offender Public Website (NSOPW) reports that approximately 20 million out of 112 million women, or 18%, in the United States have been raped during their lifetime and approximately 30% of cases involving sexual assault are reported. Victims of sexual abuse or sexual assault can seek justice through both the criminal and civil justice systems. They can, and often do, file a lawsuit against the perpetrator in civil court. Although any kind of sexual assault incident can lead to a criminal prosecution, the only way that a victim of sexual assault can get monetary compensation for the harm suffered is a civil lawsuit. Types of Claims and Damages The specific facts of the case play a role in the type and amount of compensation available in a civil lawsuit over sexual abuse. It also depends on the “cause of action” (or legal theory) on which the personal injury lawsuit is based. Since there is no cause of action called “sexual assault,” another legal theory will need to be chosen to hold the perpetrator liable – the most probable being assault and battery, or Intentional Infliction of Emotional Distress. No matter what legal theory the civil case proceeds under, damages in a case of sexual assault (or sexual abuse) will come from the physical and emotional harm suffered by the victim, and will continue to suffer. Due to the heinous nature of these crimes, very high damages are often rewarded to victims by a jury. This can result in the perpetrator being held liable to pay a lot of money. Unfortunately, it may be very difficult to collect high damages if the defendant is not particularly wealthy. Because coverage for intentional acts is excluded in liability insurance policies, the perpetrator’s personal assets are usually the only source of compensation. Proving a Sexual Assault Case in Civil Court When it comes to proving that defendant’s liability for the assault, your chance for success in your civil lawsuit may be better if the incident resulted in a criminal prosecution and the defendant was convicted. “Collateral estoppel”, a complex legal rule, may entitle you to bring in evidence that was already presented in a criminal case in which the jury has already found the defendant guilty of committing the assault. Even if there was no prosecution or the defendant was not convicted, the victim in the civil case will find it easier to show that the defendant is liable for committing the alleged abuse. This is because in a civil case, the standard of proof is lower, compared with what is required to be proven in criminal court. To find the defendant civilly liable for assault, the plaintiff is only required to show that the defendant is more likely than not to have committed the alleged wrongful act. The phrase for this standard in legal terms is “by a preponderance of the evidence”. On the other hand, in the criminal case, the prosecution has the burden of proof, which means that they are required to prove that the defendant is guilty “beyond a reasonable doubt” – and this is a standard that is much harder to meet. If you or a loved one is a victim of sexual assault, in addition to a criminal defense lawyer, you should seek out for the help of an experienced and marvelous New York civil attorney at Rosenberg, Minc, Falloff, & Wolff at 212-344-1000. Discuss the details of your case at a no-cost consultation – the first meeting is on us. We have won millions of dollars for past clients. You too can be on this fantastic list. What do you have to say? Let us hear your side of the story. Gary Silverstein Gary Silverstein has been a partner of Rosenberg, Minc, Falkoff & Wolff since 2001, and an associate of the firm since 1989. Mr. Silverstein graduated with a Bachelor of Science degree from State University of New York College at Oneonta in 1983. Mr. Silverstein holds a degree of Juris Doctor from the University of Miami School of Law, having graduated in 1988.

According to the US Bureau of Labor Statistics’ most recent annual study showed that 186,830 nonfatal occupational injuries to hands and wrists involved days away from work. According to the US Department of Labor, Occupational Safety and Health Administration (OSHA), the most common and costly occupational health problem in the country is repetitive hand injuries. It affects hundreds of thousands of American workers and costs over $20 billion a year in workers compensation. The wrist is a complex part of the body that is made up of many different bones, muscles, nerves, blood vessels, tendons, and ligaments – all of which can be injured in an accident. If you have a personal injury case that involves a wrist injury, you may be wondering how the value of any settlement or court award you might receive is impacted by that specific injury. The unique facts of your case will play a role in determining the amount of money you receive, but there are also a few common factors to consider. Types of Wrist Injuries Many different kinds of wrist injuries exist and they all come with varying degrees of severity. Here is a look at the most common wrist injuries that might play a role on the basis of a personal injury claim or workers compensation case: Sprains or stretched or torn ligaments, typically classified from Grade I (stretched ligament) through Grade III (completely torn ligament) Fracture of the ulna or radius or other broken bone Repetitive movement injuries, such as wrist tendinitis and Carpal Tunnel Syndrome Valuing the Wrist Injury Case “Valuing” a case means guessing the compensation amount that a jury might award the plaintiff or the person who has filed a lawsuit for a wrist injury, while also considering what the defendant or the person being sued would ultimately be willing to pay. Also, there is the question of the amount each party might be willing to agree upon so that the case can be settled before it gets to trial. There is obviously a lot that you need to try to keep track of. But there are two big factors when it comes to valuing any case – the extent of the plaintiff’s damages, i.e. how bad the injury is, and how likely it is that the jury will find the defendant liable if the case goes to trial. It may be a Workers' Compensation Case Typically, a wrist injury that occurs in the workplace, e.g. Carpel Tunnel Syndrome, will only be paid out by the worker’s compensation carrier. The benefits that the plaintiff can receive vary from state to state. However, if the injury does not completely disable a plaintiff injury and the medical bills are not very high, e.g. no surgery was required, the compensation that the plaintiff receives may not be very high. If you have suffered a wrist injury due to your occupation, you should seek the help of a skilled personal injury lawyer at Rosenberg, Minc, Falloff, & Wolff of RMFW Law at 212-344-1000. Give us a call. We know what a winning case looks like. We have been winning cases for years and years now. Our collective experience is unmatched. The first meeting with us is free. At RMFW Law, we are not paid until you are paid. We keep you informed every step of the way. Robert Wolff Robert H. Wolff is a member and partner of the prestigious New York City Personal Injury Law Firm of Rosenberg Minc, Falkoff, & Wolff, LLP. Mr. Wolff graduated from SUNY Albany, cum laude, in 1978 with a B.A. in Psychology and American History. Thereafter, he attended St. John’s University School of Law, where he was a member of the Moot Court Team and the Criminal Law Society, graduating in 1981 with a Juris Doctor’s degree.

Out of all the personal injury cases in the United States, 4 to 5 percent go to trial. This means that 95 to 96 percent are settled pretrial. In 2013, there was an increase of 2 percent in civil case filings in the US district courts, going up by 6,162 cases to a whopping 284,604. Due to this, civil filings per authorized judgeship increased from 411 to 420. What are Depositions? In a civil lawsuit, depositions are crucial components of the pretrial discovery procedure. They are made up of a series of questions that are directed to a party under oath. A court reporter typically administers the oath. The court reporter will also create a written transcript of the proceeding. However, in some instances, the deposition may be audio or video recorded instead. In a personal injury case, during the deposition, there are several goals that the defendant’s attorney has in mind, all of which play a significant role in the likelihood, amount and speed of a possible settlement. Learning basic background facts about the case and testing whether the testimony to be given is credible, should the case go to trial, are included among these goals. There are specific questions that defense attorneys use to highlight or create inconsistencies, or to challenge recall or honesty in a witness’s testimony. Here are five questions you may expect to face in a personal injury deposition: “What is your level of pain on a scale of 1 to 10?” Never exaggerate. If you answer with a 9 or 10, a skillful attorney can use it to make you appear dishonest. Unless it is sufficiently substantiated by the facts of the case, do not answer with a 9 or 10. “Are you in pain throughout the day, every day?” “No” is the most likely answer to this question, because you are not in pain while you are sleeping. This is the reason anesthesiologists exist. Otherwise, it would be impossible to perform some medical procedures due to pain. “Have your injuries caused you to stop doing some activities?” It is important that you do not answer questions in absolute terms. Although blanket statements are probably inaccurate, it is also easier to discredit them. Additionally, it is highly likely that as a plaintiff in a personal injury suit, a private investigator is hired by the insurance company to put you under surveillance. If a plaintiff answers this question by saying that they cannot run and a film of the plaintiff jogging a few steps to avoid traffic while crossing the street is produced or them running to first base in a softball game, regardless of how painful it was, it could ruin the claim. Questions that ask you about exact measurements of time, distance, or speed. Again, you need to avoid absolutes. Never guess if you are not sure, and give an estimate if you need to. You can give an answer, saying, “the accident happened at about 4:30,” and still retain your credibility. After all, no one can know if the accident occurred at 4:32 and 30 seconds if they were looking at the road and not their watch. That just is not realistic to expect anyone to know the exact seconds. Specific questions about the details of your accident or injury. The deposition will mostly likely happen months or more after the subject of the questioning. Over that period, memory will fade, but that is perfectly fine. You can trust your attorney to go over the facts with you and help you refresh your memory to prepare. The important details of the case will be established in your mind with your attorney’s help. So, above all else, trust your counsel. If “I don’t know” is the correct answer, then say that. Always make sure that you are honest and forthright and be confident that your attorney has made sure there is a proper foundation for a winning claim. If you have suffered an injury and want to recover compensation, it is important you speak to an experienced personal injury attorney at Rosenberg, Minc, Falloff, & Wolff of RMFW Law at 212-344-1000. You can examine the specifics of your situation free of charge since the first meeting with us costs you nothing. RMFW Law know the law! We have won millions of dollars for past clients. You too can be on this sparkling list. Give us a call, you have to at least do that. Robert Wolff Robert H. Wolff is a member and partner of the prestigious New York City Personal Injury Law Firm of Rosenberg Minc, Falkoff, & Wolff, LLP. Mr. Wolff graduated from SUNY Albany, cum laude, in 1978 with a B.A. in Psychology and American History. Thereafter, he attended St. John’s University School of Law, where he was a member of the Moot Court Team and the Criminal Law Society, graduating in 1981 with a Juris Doctor’s degree.

Personal injury incidents are tragic, but they become even more devastating when a child is the victim of abuse leading to permanent injuries. Globally, thousands of children are found to be the victims of parental neglect, police torture, foster-home abuse, and teacher abuse. In New York State, children of abuse can suffer permanent physical and emotional damages, which shape these children into violent, insecure, or emotionally unstable adults, years later. If you were abused as a child, or you happen to be the unfortunate parent of an abused child, you can turn to law for justice. When can a NY childhood abuse case turn into a personal injury case? When years of neglect, physical or mental torture, and sexual abuse hinders proper growth and development in a child, or leaves permanent damages to a child’s health, it is time to consult a NY personal injury attorney for a possible personal injury lawsuit against the perpetrators of such heinous misconduct. The abusive party may be an employer, a police station, school administration, a foster home, or even a step-parent at home. Whatever may be the case, any concerned adult can bring a personal injury case as a guardian of the child. The typical physical acts that constitute child abuse are: Hitting, kicking, or vigorously shaking a child Inflicting burn injuries on a child Continuous verbal battery affecting the child’s mental well being Belittling or insulting a child Sexual misconduct towards a child Providing improper housing, food, and clothing to a child Providing inadequate medical care to a child Complete neglect and lack of supervision What to do in case of childhood abuse? In the worst case scenario, if an abused child has no guardian or well-wisher, then he or she may have to wait till 18 years of age. Under New York State laws, a minor is not allowed to file a legal case. Once the minor becomes 18 years old, he or she can bring a personal injury lawsuit against the perpetrators of childhood abuse in New York State. As a child-abuse related personal injury case is unique, the regular two-and-a-half-years statute of limitations will not apply to child abuse cases. The state-defined statute of limitations granted for any other personal injury case will only be applied to the abused child once he or she becomes 18. In other words, the abused child turned adult can bring a personal injury lawsuit anytime between his or her 18 th and 21 st birthday. How New York personal injury attorneys can help The child abuse attorneys in NY are highly skilled in handling adult victims of child abuse. Thus these legal representatives take extra care not to bring back the trauma of an abused childhood while treating these special clients. These attorneys always put the client’s interests first, and make special efforts to understand the physical, emotional, and sexual trauma that these individuals have suffered. The legal teams specializing in childhood abuse often have attorneys who serve as panelists on the Association of Personal Injury Lawyers' Special Interest Group on Child Abuse or on the Association of Child Abuse Lawyers' Executive Committee. If you were the unfortunate victim of child abuse years ago, and now want to pursue a personal injury case against the guilty parties, then feel free to consult the best legal team in New York, Rosenberg, Minc, Falkoff & Wolff of RMFW Law at 212-344-1000. You will receive a completely free case evaluation with just a phone call. RMFW Law knows how to evaluate a case. We know how to build and win cases too. We have won millions of dollars for past clients and you can be on this highly sought out list. We are not paid until you are paid! Robert Wolff Robert H. Wolff is a member and partner of the prestigious New York City Personal Injury Law Firm of Rosenberg Minc, Falkoff, & Wolff, LLP. Mr. Wolff graduated from SUNY Albany, cum laude, in 1978 with a B.A. in Psychology and American History. Thereafter, he attended St. John’s University School of Law, where he was a member of the Moot Court Team and the Criminal Law Society, graduating in 1981 with a Juris Doctor’s degree.

Not many of the injured victims who come in to speak with experienced injury lawyers understand categories and levels of injury as applied in New York state labor law. The fact is that there is a certain threshold for specific kinds of injury claims and cases that go beyond the usual workers’ compensation claim. Up to a certain threshold of injury, a worker is not allowed to sue an employer. The case must be pursued in relation to general workers’ compensation benefits systems. However, a certain category of injury known as “grave injury” is treated differently. In these types of cases, third parties are sometimes listed (along with employers) as parties who are asked to contribute to an injured victim’s compensation. What Is a Grave Injury? The bar for grave injury involves detailing certain kinds of severe and permanent physical injuries to the body. These criteria include loss of multiple digits, amputation of a limb, certain types of paralysis, certain losses of senses, certain types of disfigurement and certain types of brain injury. Interpreting Criteria In some cases, court activity goes beyond a simple ‘yes or no’ definition of grave injury. For example, New York courts have looked at whether or not a thumb constitutes a finger and how much of a given finger or toe must be severed in order to qualify the injury victim for grave injury status. In this context, it obviously makes sense to have the best legal representation. Injured victims rely on their attorneys to not only pursue the case factually and represent them in court, but they will also look at these types of details in a defense, claim or legal conflict situation, in order to get them the best chance of full compensation for their injuries. For example, if a court is open to interpretation on grave injury criteria, the injury attorney needs to look closely at all applicable statutes, get the right facts and details, and present them well to try to impact the determination of the court. This is just some of what a qualified personal injury attorney does for an injured worker. Those who are injured on the job deserve the full benefit of what’s applicable under the law. But they often need qualified and professional legal assistance in order to make sure their voices are heard in court. Deciphering things like grave injury, statutes of limitation or specific defense obstacles is just part of the advocacy that these lawyers provide. A good injury lawyer will help a victim get access to impartial and timely medical evaluation and will help build a model for compensation that’s reasonable under the law. It’s all a part of serving the client’s best interests in an effort to help a family cope with the effects of an injury after an accident. New York City Trip and Fall Attorneys Are Here to Serve You Hurt at work? Call the experienced personal injury lawyers at Rosenberg, Minc, Falkoff & Wolff. Let us assist with bringing a personal injury case in the state of New York to get justice under the law for you and your family. Gary Silverstein Gary Silverstein has been a partner of Rosenberg, Minc, Falkoff & Wolff since 2001, and an associate of the firm since 1989. Mr. Silverstein graduated with a Bachelor of Science degree from State University of New York College at Oneonta in 1983. Mr. Silverstein holds a degree of Juris Doctor from the University of Miami School of Law, having graduated in 1988.