Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf is a New York Plaintiff's personal injury law firm specializing in automobile accidents, construction accidents, medical malpractice, products liability, police misconduct and all types of New York personal injury litigation.

Articles Posted in Personal Injury

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The talus bone is one of the most important bones of the ankle joint. It is the rounded bone at the top of the foot. Because of its location, the talus can be easily fractured after falls from heights such as falls from ladders and scaffolds in construction accidents or after a severe impact to the foot such as those caused by a motorcycle, a truck or a car accident. Some subtle fractures can be misdiagnosed as ankle strains as the symptoms are very similar: acute pain, swelling and bruising. A talus injury can severely limit the ability to walk and bear weight. Delays in treatment can result in long term disability and surgery.

In the following video segment, Dr Nabil Ebraheim, Professor and Chair of Orthopedic Surgery at The University of Toledo Medical Center, demonstrates the different types of talus fractures.

https://www.youtube.com/watch?v=OxehxKzWH88

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In this video New York Car Accident Attorney Anthony Gair discusses how to take a meaningful deposition in a car accident case. This video is part of a New York State Bar Association program designed for the attorney seeking a fundamental but practical overview of handling an auto accident case. A representative case is reviewed from inception to conclusion from both the plaintiff and defense attorney perspective. The step-by-step practical aspects of the case are presented by experienced attorneys to demonstrate both the practical aspects of each phase of the litigation as well as the overall thought process behind each phase leading to the ultimate resolution.
To order the complete course video and course book for CLE credit go to http://www.nysba.org/AM/Template.cfm?…

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Our Partner Richard Steigman will chair the annual NYSTLA Seminar CPLR 2013 update. Hon. Ariel E. Belen, Justice, Appellate Division, Second Department (retired) Mediator,JAMS is also on the faculty. The seminar will be held on February 25, 2013 6:00 PM – 9:00 PM at NYSTLA, 132 Nassau Street, 2nd floor, New York, N.Y. This seminar will provide an in depth review of new developments, including practice tips and pitfall warnings that are invaluable for the civil litigator. For more information on this seminar and to register click here.

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Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf has been named 2013 Law Firm of the Year, Personal Injury Litigation-Plaintiffs as well as being listed in six practice areas in the just released ranking of law firms by U.S. News Media Group, the publishers of U.S. News & World Report, and Best Lawyers®. This is the third edition of this highly-anticipated annual analysis.

Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf was nationally ranked in the top tier in Plaintiffs Product Liability Litigation, Medical Malpractice Law, Professional Malpractice Law and Mass Tort Litigation/Class Actions. The firm also ranked in the top tier in six legal specialties in the New York City Metropolitan Area in Plaintiffs Legal Malpractice, Medical Malpractice, Personal Injury Litigation, Product Liability Litigation, Professional Malpractice Law and Mass Tort Litigation/Class Actions in the New York Metropolitan area.

Inclusion in the “Best Law Firms” listing is based on a rigorous evaluation process that includes data collection, evaluation and feedback from thousands of clients, lawyers and law firm representatives spanning a wide range of practice areas nationwide.

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By Anthony H. Gair
Preparing the plaintiff for deposition in a personal injury action is perhaps the most neglected element in personal injury cases. Before the plaintiff’s deposition is conducted, the defendant’s counsel has been served with a Bill of Particulars, has obtained all available medical records and police reports and has visited the scene. That information will be used during the plaintiff’s deposition. How do you prepare your plaintiff. Some basic rules are worth remembering.

Rule 1. – Know Your Plaintiff

Your plaintiff’s knowledge and his ability to testify as to the occurrence will often be directly related to his status regarding the claim made. In the case of an automobile accident, the plaintiff will be either a driver, passenger or pedestrian.

Unless it is a case where proof of a prima facie case will come from other than the plaintiff (and, in most cases, even if it will), the plaintiff must be prepared to testify at least sufficiently to make out a prima facie case.

Your client must be as thoroughly prepared as possible. This means taking the plaintiff to the scene of the accident prior to his deposition if possible. It means making certain that the plaintiff knows the basic facts and has been ingrained to repeat them in response to any question concerning them. It means familiarizing your plaintiff with concepts of time, space and direction. Most importantly, it means preparing your plaintiff with the same degree of diligence and concern as you would if he or she were about to testify at trial rather than at deposition.

Do not try to create abilities to answer which simply are not there. Train, teach and educate on the essential elements of the case. Don’t worry about the minor details. If you concentrate on those, your plaintiff may get the minutiae correct and blow the case out of the water by not responding properly to the important questions.

Rule 2. – “I Don’t Know”/”I Don’t Remember”

For reasons most likely inbred in us during our elementary school education, most people, including injured plaintiffs, seem to have an overwhelming desire to answer whatever questions might be asked of them, whether they know the answer or not. You must teach the plaintiff the concept of being able to respond “I don’t know” when such is the case or “I don’t remember”, when such is the case. Of course, this does not mean that the client should be asserting that he or she does not know or remember if he or she were injured. It does, however, mean that the plaintiff should be trained not to throw out an answer simply because a question is asked. And the plaintiff must be taught the difference between not remembering and not knowing. This is particularly important in cases where memory might be refreshed following a deposition. Memory can be refreshed; knowledge cannot be. The basic rule is that the plaintiff must be told not to guess if he doesn’t know the answer to a question. It must be explained to the plaintiff that the deposition will be used to impeach him at the time of trial.

Rule 3. – An Adversary Is Not A Buddy

Explain to the plaintiff that the attorney who is doing the questioning is not his best friend. That smiling amicable, nice man or woman on the other side of the table, regardless of the charm and warmth shown during the deposition, will not invite your client to dinner that night and is there only to destroy his case. You know that. Remind your client of it. Also, we work in a small community and know many of our adversaries. If you want to have a friendly chat with an old friend do it after the deposition and never in front of the plaintiff.
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Our partners Anthony H. Gair and Christopher L. Sallay settled the personal injury case of a 63 year old female pedestrian who was struck by a motor vehicle traveling in reverse on a one-way street. The case settled prior to trial for $2,050,000.

As a result of the accident, the plaintiff sustained spinal fractures from L1 – L4, which required corrective surgery. The defense claimed that he never saw the plaintiff prior to his vehicle striking her as she was bending over in the street looking for her gloves. The defense further alleged that the plaintiff made a full recovery and required no additional treatment following the initial surgery.

The New York Personal Injury Lawyer at Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf have years of experience representing people who have suffered injury in all types of accidents in New York.

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Ben B. Rubinowitz

Ben B. Rubinowitz
Gair Gair Conason
Steigman Mackauf
Bloom & Rubinowitz

The National Institute for Trial Advocacy will hold its Flagship Trial Techniques Program from July 25 to August 2, 2012 at the NITA Educational Center in Boulder Colorado. The National Program has been considered by many to be the best course they have ever taken and an unparalleled learning experience. “There is no better program for lawyers interested in honing and polishing their Trial skills than this one,” said Ben Rubinowitz, the National Program Director. “Our faculty is superb and every participant will learn the most up to date techniques in all trial skills including Jury Selection, Opening Statements, Direct and Cross Examination, Examination of Experts and Summation. Communication Experts will work with each participant individually to sharpen their oral advocacy abilities. What makes this program far better than other Continuing Legal Education Programs throughout the country is that each student will receive detailed instruction, individualized attention and video review on a daily basis. In addition, each student will have the opportunity to put their newly learned skills to work by having the opportunity to try two cases — a bench trial and a jury trial — and even more importantly, have the opportunity to watch their jury deliberate following trial. We are even bringing in Focus Group Experts to help out. If you want to improve your skills, take this course — This program will be the best ever.”

For more information about this program contact NITA

The Method
The NITA Learning-by-Doing method is the most effective way to practice, learn and retain the advocacy skills used throughout one’s legal career.

The Faculty
Comprised of lawyers, judges, professors and consultants from around the nation, the NITA faculty brings a wealth of experience and knowledge to every program and provides participants immediate feedback on their performances.

The Opportunity
In addition to undoubtedly being a better lawyer after completing the program, participants will be learning alongside potential colleagues and referral sources from across the country.

The National Program

Brought to you in an entirely new format, the 2012 National Session is like never before. Though the program will still take place in beautiful Boulder, CO and continues to bring in the very best and brightest NITA faculty members from across the country, the programming within this year’s National Session is groundbreaking.

For the first time the National Session will be led by Program Director Ben Rubinowitz, prominent New York City attorney, NITA Trustee and member of the Inner Circle of Advocates. In addition to the group of highly experienced practitioners, professors and judges being brought in to teach Rubinowitz has also assembled a team of NITA’s communications experts Marsha Hunter and Brian Johnson of Johnson Hunter Inc. and jury selection/focus group experts Mary Ryan and Bryan LeRoy of the Portia Group.

Throughout the program you will use NITA’s learning-by-doing method to practice and perfect your skills in the challenging arts of trial advocacy and persuasion. In a simulated trial setting you will be performing:

• Opening statements and closing arguments
• Direct and cross examinations of fact and expert witnesses
• Impeachment
• Voir Dire
• Oral advocacy skills

To signify the end of the first “half” of the program you will conduct a bench trial. In the days immediately following the bench trial you will go through intensive workshops on jury selection, including the use of focus groups. Before your presentations you will have a chance to see demonstrations of experienced lawyers conducting focus groups and performing open jury selection. These workshops will also be videoed giving you the opportunity for video review with faculty. Other than NITA’s Advanced Trial Program this is the only place these courtroom simulations are offered.

The program finishes with you performing full jury trial, once as counsel and once as a witness. After the trial you’ll get to watch real jurors deliberate via closed circuit TV, and upon hearing their verdict, have a chance to ask them questions and hear their feedback.

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Ben B. Rubinowitz

Ben B. Rubinowitz
Gair Gair Conason
Steigman Mackauf
Bloom & Rubinowitz

In recognition of his success in the Courtroom, our partner, Ben Rubinowitz, has once again been asked to Chair the prestigious Masters Program. This CLE program is designed to highlight cutting edge trial techniques that have resulted in justice for individuals injured through the negligence of others. Those who have been asked to participate in this program as faculty have each obtained exceedingly large verdicts on behalf of their clients.

Mr. Rubinowitz, who specializes in the representation of plaintiffs — those injured through the fault of others in auto accidents, bus, train and plane accidents as well as medical malpractice and products liability claims — has obtained 19 verdicts in excess of one million dollars. When speaking about this program Mr. Rubinowitz stated: This program is designed to allow lawyers of all abilities to see techniques that have worked and techniques that have secured justice for those who have suffered injury through the fault of others. Each speaker will demonstrate openings or summations and show how to meet and deal with recurrent problem areas at trial. The New York State Trial Lawyers will allow law students interested in trial advocacy to attend this seminar free of charge. To learn more about this program visit cle@NYSTLA.org.

Register Now!

May 30 & June 20, 2012
6:00 PM – 9:00 PM 132 Nassau Street New York, NY 10038
GGCSMB&R is a law firm that specializes in the representation of plaintiffs. For more than 90 years our lawyers have fought with relentless vigor and enthusiasm against large Insurance Companies, Multi-billion dollar Corporations and Medical Institutions to secure justice for those who have been severely injured. We take pride in knowing that our law firm has the talent and resources to secure justice regardless of the economic or social status of the person who has been injured.

For more information about our firm visit gairgair.com

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In The Courts

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Ben B. Rubinowitz

Ben B. Rubinowitz
Gair Gair Conason
Steigman Mackauf
Bloom & Rubinowitz

Ben Rubinowitz, a partner at Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf will be speaking at the Dutchess County Bar Association in New York State. Mr. Rubinowitz, who specializes in representing the victims of auto accidents, construction accidents, bus and train accidents, medical malpractice, premises liability cases and products liability claims, will discuss effective Direct and Cross Examination techniques.

To date, Mr. Rubinowitz has 92 settlements and 19 verdicts in excess of $1,000,000.00. GGCSMB&R is widely considered the top personal injury firm in New York. As is true for many of the partners at his firm, lecturing and teaching lawyers is an integral part of the firm’s practice. Throughout its 90 year history the firm has obtained some of the highest awards for its clients. The firm believes strongly in giving back to the legal community and has always volunteered its time to participate in Continuing Legal Education Programs throughout the State and Country.

Thursday, May 10, 2012
Personal Injury Update 2012: Pretrial Motions, PJI Charges, Direct/Cross Examination and Medicare
5:30 p.m.-9:00 p.m.
3 Skills credit The Poughkeepsie Grand Hotel
$70 for members paid in advance, $90 for non members and walk-ins Includes Dinner Panel discussion coordinated by Bryan Schneider, Esq.,
with speakers Hon. Ralph Beisner, Ben Rubinowitz, Esq. and John Cattie, Esq.

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