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It is rare for corporate executives to face criminal charges because of workplace safety violations. Unfortunately, the unlikelihood of a CEO being charged means that the threat of a criminal case does not prove an effective deterrent to discourage executives from cutting corners when it comes to workplace safety. As one recent case shows, even when a CEO is prosecuted in an egregious case, the penalties that are imposed may be relatively minor in comparison with the extent of harm the executive's actions caused. Workers are the ones who suffer when executives fail to follow best practices for safety and allow or even mandate unsafe conditions in the workplace. When a worker is hurt on the job, he needs to talk with a New York workers' compensation law firm to find out what benefits he or she can receive to minimize the financial losses and damages associated with an injury. CEO Sentenced to Jail Time: But is the Penalty Enough? Although it is unusual for a CEO to be charged with a crime, it can happen in some egregious cases. Safety News Alert reported on one recent situation in which the chief executive officer of a coal company, Massey Coal, was brought up on charges. The charges related to the deaths of 29 miners who were killed when an explosion occurred at an Upper Big Branch mine.  The explosion was prompted by the fact methane, coal dust, and other flammable gases had accumulated at the mine, as safety precautions were not taken to prevent this accumulation. The CEO was charged and ultimately found guilty because there was so much evidence of the hands-on role he had played in making decisions on worker safety. He had required progress reports every half hour and strongly encouraged managers to focus only on maximizing the production of coal rather than on making sure the mines were safe.  It is unusual for there to be so much proof that a CEO was so involved in day-to-day decisions on operations, which helped to make it possible to prosecute in this case. Because of the ample evidence in the CEO's involvement in encouraging safety violations, he was actually convicted when he was tried. While he was acquitted on several charges of financial offenses that had been brought against him, he was found guilty of conspiring to violate mine safety. Unfortunately, this is a misdemeanor offense. While the CEO received the maximum penalty, he was sentenced only to a year in prison, a year of supervised release and a fine of $250,000. Many safety advocates were upset that the penalties were so light for taking actions that ultimately killed 29 people. The conviction at least sends a message that CEOs can be held accountable if their failures cause harm. However, the light sentencing may further limit the deterrent effect, since executives know they face a small chance of prosecution and a relatively lenient penalty even when safety risks lead to death. Workers need to know what their rights are as workplace safety violations continue, and they should consult with a workers' compensation law firm for help making a claim if they're harmed on the job. Contact Rosenberg, Minc, Falkoff & Wolff today for help with your case. 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.

When it comes to New York construction accidents, the outcome is often something that emerges from the details of the case in a complex way. It's not as easy as just saying “somebody was hurt and they need compensation.” There are many aspects to consider and language in New York State statutes that has to be analyzed and interpreted. One of the easiest ways to explain this is where cases get held up by conversations about where a worker happened to be at the time of the accident. Were they on a ladder or scaffold? Where they holding a hammer and pounding on a structure? Were they on some other part of the job site, evaluating materials, going to and from the truck, or walking toward another part of the site at the time of the accident? New York State Labor Law 240 specifies a certain set of protections for injuries where the victim’s work was “necessary and incidental to the erection or repair of the building or structure.” That's something that's very open to interpretation, and we've seen New York cases be interpreted in many ways. We've seen New York courts hear prolonged arguments over what constitutes a structure, what type of work is covered and how lawyers define the specific purpose of someone's activity at the time of an accident. But the issue of location is also critically important. If someone is injured on a secondary part of the job say, in or near a truck, or in or near an entrance, a defendant may try to say that the rules of the statute don't apply to the case. Then you may be faced with a court battle in which such details must be ruled on one way or the other. Let RMFW Help This is just one of the many situations where qualified injury lawyers play a critical role in the process. Injury victims rely on these skilled legal professionals to go to bat for them and explain to judges how their cases are relevant. Without a robust and thorough defense of their best interests, those who are harmed in the course of their work can lose out on the best potential outcome in court. Qualified injury lawyers understand this and use everything at their disposal to serve their clients' best interests. They help clients evaluate the best legal options and keep them informed about how their cases are proceeding. From the first consultation to the eventual resolution of the case, they keep their clients' views and needs in the forefront and make sure that their voices are heard in New York courts. Get Help From New York Spinal Cord Injury Lawyers Regardless of the details, a New York City area construction worker who was involved in a workplace accident that led to a spinal cord injury or any other type of injury can contact the Law Offices of Rosenberg, Minc, Falkoff & Wolff. We will help you determine how details regarding the site or structure, the worker’s location, the tools used and other factors might influence the outcome of a case. Let us protect your legal rights in New York City courts. 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.

Winning the Evidence Game If you wish to win a lawsuit, you need to have strong evidence that can prove the fault of the defendant. The court looks for strong evidence that can push the case in your favor. Your evidence should trump the oppositions. Evidence can include: Documents Photographs Lab reports Eye witnesses Police reports Public documents such as driving license Medical reports Medical bills Consulting a New York City personal injury attorney for a legal representation can do a lot of good. The attorney would review your case and inform you: If there is strong evidence that can win your case in a trial If there is strong evidence but that may not be enough to pay legal expenses and his fee If there is no strong evidence prima facie Burden of Proof When you file a civil case, the onus to prove the negligence of the defendant is on you. As you are filing a case, it is up to you to prove that the defendant is at fault. Hence, you have to present a prima facie case to the court to establish the validity of the case right at the commencement of the trial. What follows is preponderance of the evidence that can seal the case in your favor. Preponderance of the Evidence Preponderance of the evidence in law means your case must have stronger evidence or must be more convincing so as to enable the jury or the court to decide in your favor. When you file a personal injury lawsuit in a civil action, you will be submitting various documents that can bring forth evidence to establish fault or negligence of the defendant. The court or the jury looks for the evidence that can carry the burden of the case in your favor. The greater the weight or burden of your case, the easier for the judge or jury to pronounce a judgment favoring you. In simple words, if there is a preponderance of the evidence favoring your claim, the law is convinced that you have met with your burden of proof. This can give you victory in your legal fight. This motion requires a careful assessment and building of your evidence in such a fashion that it eventually convinces the court of your credibility. It is the duty of the New York City personal injury attorney to build and present your case. The trial commences with the scale of justice being equal for both parties . Once the trial progresses, you present the evidence against the defendant. If the court finds the evidence is more than 50% in your favor, and less than 50% in favor of the defendant, your case has stronger merit and the preponderance or the weight of information is favoring you. Call us Now - It will Cost You Nothing If you or your loved ones have been injured in an accident due to third party negligence, contact our law firm of Rosenberg, Minc, Falkoff, & Wolff (RMFW) to discuss legal entailments and remedies. You can use our New York City personal accident attorney to help you win this case. You need strong legal assistance and we can more than provide this. Call 212-344-1000 and a happy voice will be on the other side. The first consultation is free. We will help you increase the size of your bank account. 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.

New York Labor Law 240 provides various protections for construction workers and others doing tough physical work within the state. One element of this legislation regards workers who work up in the air or on scaffolds or ladders while building or repairing buildings. However, despite the apparent simplicity of this language, other elements of the statute and its usual interpretation in New York courts make things a little more complex. First of all, there's the question of what constitutes “erection or repair of a building” as defined in the legislation. Some types of minor construction work and routine maintenance are not covered, and other questions can also come into play, such as the relative height of operations. There's also the issue of who was at fault in an accident. Under the general provisions of Labor Law 240, workers can recover compensation from a third party if that third party was proven to be negligent or did not fulfill its responsibilities in providing workplace safety. Basically, workers are entitled to certain types of personal protection equipment, such as harnesses or other safeguards. The common example given would be a supervisory party that was supposed to provide these items and failed. Worker Responsibility? In some cases, lawyers will argue about whether a worker was solely responsible for his or her own injury. For example, in not following established safety protocols or not using personal protective equipment available at the site, a worker can be found to be responsible for omissions of safety. However, if there were any negligent conditions, such as excessively worn or damaged protective equipment, or if these were not clearly provided or were not provided at all, this could form the basis for specific kinds of personal injury lawsuits. Third-Party Responsibility In cases where third party responsibility applies, lawyers will consider whether workers' compensation insurance will pay out or whether the workers' compensation fund needs to be reimbursed. Insurance companies are often involved in these kinds of cases where legal work can require communicating with several parties to resolve the issue. Injury victims rely on professional injury lawyers to represent them after an accident. These legal professionals use knowledge of federal, state and local law, as well as case precedent to craft a plaintiff's case against an employer or other party. They help their clients understand the legal process and a timeline for hearings another court events. They inform clients of their legal options and rights under the law. Call Our Attorneys For Help Today Injured at work? New York City construction workers and others with questions about a work injury case can contact the legal offices of Rosenberg, Minc, Falkoff & Wolff. Our professional personal injury attorneys, as well as our New York slip and fall attorneys, can help advise injured workers and their families about how to get started with a case and what they can expect in New York courts. Let us keep you informed every step of the way, helping you to understand your legal rights and how to best pursue compensation for a New York work injury. 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.

Duty of Care When a person is injured on third party's property, he or she may file a claim for damages. Premises liability defines the obligation the owner of a property has toward those who visit and use the property. Known as duty of care, the property owner needs to maintain the property in such a condition that it is considered safe for use by visitors. When the condition is not safe for standard use by visitors, an accident leading to injury on the property can lead to a premises liability claim. Different Types of Visitors There are three main types of visitors who enter a property. They are: Invitees - The business owner invites a person to visit the property to conduct business. The visitor is an invitee. Examples: customers, salesmen. Licensees - The owner invites a person for social purposes. People who visit the owner for relaxing and chatting are licensees. Family, friends, and neighbors are licensees. Trespassers - A person who visits a property without an invite from the owner is a trespasser. Who can be on a Property? The owner, agents, and employees also known as invitors extend an invitation to people to be on a property for a particular reason. Invitations include: Written invitation – Written invitations are in the form of a letter, email, ad, poster, or card. The invite's intention is to have people on the property. Spoken invitation – A word-of-mouth invite is a spoken invitation. This can be over the telephone and in a direct personal meeting. Implied invitation – A continuous visitation that follows a regular invite such as written or spoken. The visitor is not expected to receive an invite every time he or she needs to visit the property. Scope of Invitation An invitee can be on a property on a mutually beneficial point. The visitor or invitee enters the premises for conducting a business transaction – purchase of goods, services, and merchandise. The invitee’s status and the property owner’s liability can change if the invitee strays from the scope of invitation. In normal course, the property owner is expected to provide a safe environment for the invitees on the property. If the invitee is aware of a situation on the property that can cause injury, the owner is not likely to be held liable if such situations cause injuries to invitees. Not all those invited to enter upon a property are recognized as invitees. The invitee’s status is not absolute and is only limited by the property owner’s scope of invitation. If in case the invitee strays outside the invitation’s scope, the status of the invitee changes. If the invitee involuntarily strays outside the scope of invitation, the invitee still retains his/her status. But if the invitee makes a voluntary decision to move outside the scope of original invitation, the invitee loses the status. Were you injured on a third party’s property and do you wish to know if you can claim for damages from the property owner? Call our New York premises liability attorneys at Rosenberg, Minc, Falkoff, & Wolff (RMFW) who have law offices located in Astoria, Queens, New York City, and two locations in Brooklyn. RMFW attorneys have settled numerous premises liability claims. We know how to win. Many clients have won tens of thousands of dollars and more working with us. We have won millions for our clients over the years. So call 212-344-1000right away. This list is not that special. You can be on it too. Someone else did you wrong; it is time to enact some legal muscle to make this situation right. 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.

Intentional Tort Intentional tort arises when a person harms or injures another person with ill will and purpose. Unlike an injury that arises from negligence, an intentional tort signifies purpose and intention to harm deliberately. The plaintiff can recover damages by filing a personal injury lawsuit against the defendant who commits the tort. When a victim of tort wins an intentional tort claim, other punitive damages are also available for relief. Intentional torts generally include the following actions: Assault Battery Trespassing Causing emotional trauma intentionally Fraud and cheating False imprisonment Assault and Battery are Distinct Assault is a deliberate act that instills fear or apprehension of impending physical contact that can be offensive or harmful, in the minds of the victim. Battery is a deliberate act that causes harm and injury through physical contact. Assault involves a threat whereas battery involves a threat and an act of physical harm as well. Proving Intentional Tort Intentional tort requires the plaintiff to establish beyond reasonable doubt the intentions of the defendant to harm the plaintiff. The plaintiff needs to prove that the defendant’s intentional act was committed in order to harm the plaintiff. If the evidence of harm by way of an intentional act is established the defendant is likely to be punished for the intentions to harm another person. In case the harm or damage is less perceivable, defendant may be punished for negligence. Difference between Intentional Tort and Reckless Behavior Intentional tort – Defendant hits A using a baseball club with intentions to harm A. But the club lands on B seated by the side of A. Defendant did not intend to harm B but the act is bound to harm B. B is injured in the milieu. Defendant is liable to pay damages to B for intentional tort. This is also known as transferred intent in civil law. Defendant need not have intended to harm B, but if B is harmed in the action, the intent is transferred to B and the defendant is liable to pay damages for intentional tort to B. Reckless tort – The defendant runs recklessly in a busy street with an aim to take the next subway. In the process he shoulders down a pedestrian accidentally without any intent to injure or harm anyone. Due to the act of recklessness, the pedestrian slips and falls down injuring her elbow. The defendant is liable to pay damages to pedestrian for recklessness and negligence, and not for intentional tort. Inflecting Emotional Distress When the defendant knowingly conducts himself in a manner that can be considered unconscionable, immoderate, offensive, and intolerable, he is said to have caused intentional emotional distress to the plaintiff. Such conducts are defined by the court and the jurisprudence. Call Us Now Rosenberg, Minc, Falkoff, & Wolff have law offices located in Astoria, Queens, New York City, and two locations in Brooklyn. If you or your loved one is injured by an intentional tort you may recover damages legally and your checking account will be much larger when this is all said and done. Our personal injury attorneys know the legal options and how to avoid the pitfalls to win in tort lawsuits. We can help you pay your bills and you can secure your finances. Call 212-344-1000now to speak to a winning law firm that will evaluate the viability of your case. 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.

What is a Deposition? A deposition or pre-trial testimony, also known as an examination before a trial or pre-trial discovery is a procedure necessitated by federal law, to collect an oral or written statement of a witness under oath. A deposition takes place outside the courtroom, in the absence of a judge, and at an attorney's office. The deposition is considered to be the most valuable tool in an attorney's armory. A witness or a deponent or a testifier is one who sees an event and provides evidence orally or in writing. This deposition could be a voluntary effort from the witness or it could be under compulsion. The primary objective of a deposition or pre-trial testimony is to establish the knowledge of the witness with regards to an event and secure that knowledge and/or information as a testimony for trial. A deposition helps all parties in the lawsuit to take cognizance of all facts ahead of the trial. It is also used to verify another witness's testimony. Civil & Criminal Depositions There are different kinds of depositions. Federal rules govern the conduct of a civil deposition. The Federal Rules of Civil Procedure, Title V. Disclosures and Discovery,  Rules 26, 27, 28, 29, 30, 31, and 32, and sub-sections thereof, govern, and regulate the conduct and procedures of a civil deposition. Federal Rules of Criminal Procedure, Rule 15 governs a criminal deposition, and may be taken if a witness cannot be present at the trial. Rules governing a criminal deposition vary and require the consent of the defendant. A subpoena will be served on the witness if the individual refuses to depose, or if the individual is not a party to the lawsuit. Otherwise it is customary to issue a legal notice to the witness's attorney. The witness can have his or her attorneys present during the deposition or a pre-trial testimony. The deposition proceedings are usually audio and/or video-taped and recorded verbatim by a court reporter so that the cognitive content of the testimony is preserved for the trial. Examinations In case of a civil deposition, the witness needs to appear to depose at a given time and place. The court reporter administers the oath to the witness and this notifies the commencement of the deposition. The witness is never coerced to submit information. During the deposition process, the opposing attorney has reasonable legal ambit to question the witness in order to discover "admissible evidence". Attorneys examine the witness directly followed by repetitive processes such as re-direct and re-cross and they form objections to regulate the manner in which the witness can be questioned. Such deposition or "cross-examination" may be lengthy, lasting hours. The Federal Rule for Civil Procedure 30 stipulates the maximum time duration of seven hours for deposition per deponent per day. Perjury During the deposition or pre-trial testimony, the witness needs to answer the questions carefully as it leads to complications if testified differently during the trial. Lying under oath can invoke federal charges of perjury against the witness. Written depositions are notarized as sworn statements of “truth and nothing but truth”. 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.