New York Accident, Personal Injury, & Medical Malpractice Lawyers

Silbowitz, Garafola, Silbowitz, Schatz & Frederick, LLP

25 West 43rd Street, Suite 711
New York, New York 10036
USA

(347) 577 9440 or (888) LAW-1744

www.nylawyer.net

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Law Firm Overview

Silbowitz, Garafola, Silbowitz, Schatz & Frederick, LLP, located in New York City, is experienced at recovering multi-million dollar awards and we strive to provide the highest quality legal representation to seriously injured victims and the families of those whose loved ones have been wrongfully killed due to the negligence of others.

Our approach to practicing law is uncomplicated. We stress expertise, competence and most of all -- Winning. Simply put, we get the job done! We accept no excuses, no compromises and no surprises. Our clients get value for their money - something our founders, the Honorable Irwin M. Silbowitz and George Garafola, insisted upon when they established the firm nearly twenty years ago. We are dedicated to our clients. Too many law firms focus on fees. Silbowitz, Garafola, Silbowitz, Schatz & Frederick, L.L.P. focuses on success and on our clients.

We would not exist as a law firm without our clients. Accordingly, our attorneys and staff are experienced and well trained to provide quality service and maximum efficiency and courtesy to our clients. Our firm code requires us to return our clients' telephone calls as promptly as possible, usually within one business day.

An accident resulting in injury has a devastating impact on the lives of our clients and their families. We understand that we must provide our clients with personal attention in addition to excellent legal representation.

There is no substitute for excellence. Through the years, this has become our firm's mantra. Our quality of work and responsiveness to our clients' needs has assured our success and will continue to do so for decades to come.

Practice Areas

Additional Practice Areas: Cerebral Palsy; Mass Tort Drug Litigation; Environmental Litigation; Dog Bites; Negligent Security; Falling Objects; Defective Highways.

Practice Areas Description

Silbowitz, Garafola, Silbowitz, Schatz & Frederick, LLP provides legal representation and services in the following areas of practice:

- Motor Vehicle Accidents

Many vehicle manufacturers have made safety improvements to their vehicles including air bags, rollover bars, reinforced frames, better tires, etc. Additionally, many states have passed tougher drunk driving laws. As a result, many lives may have been spared. However, with an ever increasing number of vehicles on the road, motor vehicle accidents still occur with alarming frequency. In fact, according to the National Highway Traffic Safety Administration, every 10 seconds someone in the United States is involved in a car accident.

- Construction Accidents

Generally, an injured worker cannot sue his or her own employer for injuries arising out of work related activities; however, if it can be shown that a third party's negligence caused the injuries, that party can be held liable. Additionally, in some instances workers may be injured at a construction site due to their own inadvertence or due to a condition that was no person's fault. When a worker is injured due to his or her own negligence or that of his or her employer, or due to a condition which was nobody's fault, that injured party can still receive compensation in most states through Workers Compensation.

Workers' Compensation Acts provide benefits to workers who are injured on the job or suffer an occupational disease arising out of and in the course of employment. The benefits under Workers' Comp include weekly payments based on a percentage of the employee's average weekly wage for temporary total disability, partial disability, permanent and total disability and permanent loss of function and disfigurement. Workers' Comp also covers medical expenses for treatment that is reasonable, necessary and related to the industrial injury and vocational rehabilitation services.

- Slip & Fall Accidents

All slip and fall accidents are covered by negligence law and deal with the concept of premises liability. Property owners have a “duty of care” to see that their property is safe. This includes insuring that the building has no structural defects that could cause an accident, both inside and out. In some states the property owner may also have a duty to reduce problem areas caused by weather. Structural defects can include: loose floor mats, rugs, or tiles; water on the floor; badly lit stairs or steps; cracks or holes in sidewalks or parking lots. Weather-related hazards may include standing water and icy spots.

- Airplane Accidents

When an airplane crashes, the first area of information must be to discover what caused the crash. This can be difficult, since much evidence can be destroyed, including signs of mechanical failure or pilot error. Some of the causes of crashes include pilot error, which is the most frequent cause; design flaws; mechanical failure; and extreme weather conditions. It is vital that whatever evidence is available be collected and studied so that the cause of the crash can be determined. Once this is done, it will be possible to decide if the basis for a lawsuit exists.

- Boating Accidents

Each year thousands of people are injured in boating accidents. Accidents can occur in a variety of situations ranging from ocean-going commercial and cruise line vessels to small pleasure craft on our navigable waterways. When referring to a motor vehicle accident we often refer to the "Rules of the Road" in order to determine what each person's responsibilities were regarding the safe operation of their vehicle. Similarly, there are rules established by the Coast Guard and various state agencies that outline the rules for safe boating.

- Railroad Accidents

When a pedestrian or a motor vehicle comes into contact with a moving train the outcome is almost always tragic. Sometimes accidents involving trains occur due to the negligence of the driver of the motor vehicle or pedestrian. However, sometimes the train engineer, the railroad, or another party may be liable. Railroad crossings are sometimes substandard or in disrepair. Sometimes crossings are not secured by crossbars and the vision of approaching vehicles may be obscured by another stopped train.

- Cerebral Palsy

Cerebral palsy is a permanent and irreversibly crippling condition that affects the central nervous system. Most victims develop the disability before birth or shortly after. While cerebral palsy can occur under the best medical care, many cases are caused by negligence at the time of birth or during the newborn period before the child leaves the hospital. If this is the case, there may be grounds for a suit for damages.

- Mass Tort Drug Litigation

Pharmaceutical companies manufacture and market hundreds of new drugs each year. Each product is regulated and approved by the Food and Drug Administration before it reaches the consumer, and every year over 200,000 people die from using these drugs. It is estimated that more than 50% of all the drugs marketed to the American consumer have deleterious effects, in spite of testing and FDA regulation. Of all the recent examples of harmful drugs, most were withdrawn from sale within 12 months of release. Some drugs were still marketed by drug companies even after evidence of serious side effects or death had been noted. By law, drug manufacturers are strictly liable for injuries if the product they sell is defective or unreasonably dangerous.

- Medical Malpractice

Medical malpractice is a form of negligence involving a medical treatment provider. If someone is injured as a result of a treatment provider's digression from the standard of care, that treater may be liable for the injury that has occurred. The determination of whether a medical professional has met the standard of care is based on a comparison to other professionals in the same field and the same geographical region. In other words, what would a reasonably competent medical professional practicing in the same field as the defendant, and in the same area of the defendant, do under the circumstances that the defendant was facing with respect to care and treatment of the patient?

- Nursing Home Abuse

Nursing home abuse can include physical damage from falls, malnutrition or dehydration, bed sores, gangrene, aspiration pneumonia, over-sedation, poor medical care, or wrong medication. Just as damaging but more subtle, are lack of supervision, theft, abandonment, defective equipment, sexual assault, coercion, physical or mental abuse. All of these can lead to injury or death of the nursing home patient.

- Environmental Litigation

Environmental litigation poses unique legal challenges because of the complex scientific and technical issues frequently addressed, and because of the overlapping authority of numerous administrative agencies and courts at the local, state, and federal levels. Environmental litigation involves reviewing claims for injured persons and property damage caused by the discharge of numerous toxins from large and small companies. Protection of people and their property from large corporate polluters is the main focus.

- Hazardous Products / Product Liability

Product liability deals with cases involving defective or unsafe products. Manufacturers, wholesalers, and retailers of products can be held liable for damages arising from the use of defective products. Products covered by this area of law, include food, drugs, and real estate, as well as virtually all consumer products. The user who is injured and seeks damages does not need to be the original purchaser of the product. Nor does a person seeking damages have to prove negligence in many cases. Product liability frequently is a question of strict liability: that is, if the product is defective and that defect caused injury, the injured user may sue for damages as long as the product was used as it was meant to be used and not substantially changed from its original condition.

- Insurance Bad Faith

Bad faith claims arise when a company with whom you have a contract fails to act within the terms of that contract. In the case of your insurance company, this may happen if it fails to promptly or properly defend or pay a claim. An insurance company has a duty to deal fairly with its customers, giving more consideration to its insured customers than to its own interest. Whenever your insurance company fails to honor its obligations in its contract with you, you may have a claim for bad faith. An insurance company is required to investigate all claims and find out information about anything that might support their insured's claim.

- Personal Injury Law

If you are the victim of a personal injury, there are several things you can do to help yourself. First of all, make sure that you seek proper medical attention and that you follow up with the proper authorities and your own insurance company. If you believe your injury was caused by the carelessness or intentional act of another, you may want to contact an attorney to discuss this. You should call as soon as it is convenient to do so and avoid discussing the matter with strangers and/or insurance representatives who are not from your own insurance company. You should be cooperative with the police, your own treating physicians, and your own insurance company. Most personal injury cases are covered by a statute of limitations, which means that you only have a certain period of time in which you can file a lawsuit.

- Traumatic Brain Injury

Traumatic brain injury, also called TBI, occurs when the brain is injured by a sudden force, or trauma. The brain can be driven into the side of the skull by a sudden blow, or by the force of shaking or “whiplash”. In either case, the brain can suffer bruising and swelling, and in some cases the impact will be sufficient to tear blood vessels in the brain, causing intracranial bleeding.

- Spinal Cord Injury

A spinal cord injury usually involves swelling of the spinal cord which affects the whole body. When the swelling goes down, the patient may regain function months or years after the injury but it is rare for all functioning to be recovered. Treatment presently consists of stabilizing any broken vertebrae, maintaining the patient, preventing movement to the injured area, and reducing swelling. There is no cure for SCI but stem cell research has shown some signs of being useful in the future.

- Premises Liability

When someone is injured as a result of unsafe property or building conditions, they may have a right to make a claim for their damages against the owner of the property. In some states, the landowner's duty to protect an entrant on the land depends on whether that person is a trespasser, licensee or an invitee. The landowner's duties are different for each type of entrant. The landowner owes less of a duty to protect the trespasser then the other types of entrants. The landowner's duty of care is highest for business invitees. Some states, however, have done away with these multiple classifications in favor of one standard of "reasonableness under the circumstances" of a particular case.

- Dog Bites / Animal Attacks

Few things are more frightening than being attacked by a dog. Such an attack can leave the victim severely injured and traumatized. If the victim is a child, the injuries can be fatal. Many states have statutes which hold the owner of the dog strictly liable for the dog’s behavior if the attack is unprovoked; that is, the victim did nothing to threaten the dog or cause it to attack in self-defense. It makes no difference where the attack took place or if the attack is the first for the animal. In some states, the dog gets “one free bite,” meaning the owner is not presumed to know the dog is dangerous until an attack has occurred once.

- Fires, Explosions, Chemical Burns

Fires occur in and outside the home from a wide variety of causes such as faulty appliances, cooking, smoking, and electrical malfunctions. Explosions can occur from propane or gasoline tanks when safe practices or applicable codes are not followed. Gas grills, propane heaters, and aerosol products cause many explosions around the house. Chemical burns occur when the skin comes in contact with dangerous acids or alkalids. There are many household products that can cause serious chemical burns if not handled correctly: Drano, Liquid Plumber, paint thinner, bleach, boric acid, and others. In some industries, the workplace also introduces the risk of chemical burns.

- Food Poisoning

Another specialty of our firm's personal injury lawyers is food poisoning. Food poisoning generally results from the negligent handling or negligent preparation of foods. It occurs most often in restaurants, but the improper handling of foods in bulk processing environments, such as production lines and supermarkets, is also a common source of food poisoning. In many instances, it can be difficult to discover where the victim was infected, and equally difficult to prove the guilty establishment was responsible.

- Falling Objects

While most injuries from falling objects occur at construction sites, our firm has seen a dramatic increase in the number of injuries in superstores where products must be removed from overhead shelves. If you have been seriously injured by a falling object in a retail store or other environment, the proprietor of the establishment should be held responsible for providing compensation for your injuries.

- Defective Highways

Poorly designed roads and highways cause thousands of accidents every year. Federal, state, and local municipalities are obligated to design and maintain safe thoroughfares. Unfortunately, this is not always the case. In many situations, unsafe design or insufficient maintenance leads to serious accidents. Common situations of defective highways involve:

. Failure to correct dangerous roadway conditions
. Failure to remove obstacles that obstruct traffic
. Failure to maintain speed limit and warning signs
. Failure to correct visual impediments such as overgrown trees
. Failure to resurface worn roadways
. Failure to properly attend to snow and ice

In these circumstances, where negligence is clearly the cause of an accident, the responsible party is required to compensate the victim for the damages caused by their neglect.

- Wrongful Death

Wrongful death is the term used when someone causes the death of another person. The death may be caused by the actions of someone or by their failure to act (neglect). Wrongful death is a civil action rather than a criminal action. Since the person killed (decedent) cannot file suit or collect damages, it is the family or representatives of the estate that do so. The intent is to recompense family members who have suffered monetarily and emotionally from the death. Damages can be assessed for lost wages and benefits, loss of companionship, and emotional pain and suffering caused by the trauma.

Attorneys

	Mr. Howard G. Frederick Attorney Medical Malpractice, Personal Injury, Product Liability		Mr. George Garafola Attorney Construction Accidents, Defective Drugs, Medical Malpractice, Motor Vehicle Accidents, Personal Injury
	Mr. Howard S Schatz Attorney Commercial Litigation, Construction Accidents, Defective Drugs, Estate Planning, Medical Malpractice		Mr. Irwin M. Silbowitz Attorney Construction Accidents, Defective Drugs, Medical Malpractice, Motor Vehicle Accidents, Personal Injury
	Mr. Mitchell Silbowitz Attorney Commercial Litigation, Construction Accidents, Defective Drugs, Estate Planning, Medical Malpractice