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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Ben-Article-Ben Rubinowitz, our managing partner, has long been recognized as one of New York’s top trial attorneys. Recently, he was featured in an article titled “Ben Rubinowitz and the Art of Argument” by Claude Solnik, which explores his unparalleled skill in simplifying complex cases and achieving justice for his clients.

Rubinowitz’s career is defined by record-breaking verdicts and a dedication to ensuring his clients receive not only compensation but systemic change when needed. Among his most notable cases is “Lee v. Westchester Medical Center”, where a misdiagnosed stroke led to a $120 million verdict. His argument boiled down to three impactful words: “Time is brain.” Rubinowitz emphasized how delays in treatment caused irreversible brain damage, leveraging his ability to focus jurors’ attention on the hospital’s negligence.

A Legacy of Record Verdicts

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Koscuiuszko bridgeA tragic multi-vehicle collision at the base of the Kosciuszko Bridge on November 21, 2024, claimed the life of a 75-year-old man and left seven others injured, including a 9-year-old girl. This devastating accident highlights the dangers posed by inclement weather, congested roadways, and potential driver negligence.

Details of the Kosciuszko Bridge Crash

The accident occurred on the Brooklyn-bound side of the Brooklyn-Queens Expressway (BQE) near Exit 34, at Meeker and Morgan Avenues, in Maspeth, Queens. Initial reports indicate that a 46-year-old driver operating a pickup truck rear-ended another vehicle, triggering a chain reaction involving four vehicles: a pickup truck, a green “boro taxi,” an SUV, and a sedan.

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construction workers must be protectedThe latest data released by the Bureau of Labor Statistics (BLS) on November 8, 2023, offers a nuanced view of workplace safety trends in the construction industry. While the rate of nonfatal occupational injuries and illnesses among construction workers declined slightly, the raw number of injuries rose, highlighting both progress and areas needing improvement in jobsite safety.

Construction Accident Injury Rate Declines, But Total Injuries Increase

In 2023, the construction industry reported 2.3 nonfatal occupational injuries or illnesses per 100 full-time equivalent (FTE) workers, a modest drop from 2.4 in 2022. This improvement brought construction’s injury rate below the national average of 2.4 across all U.S. industries. However, the total number of reported nonfatal injuries and illnesses increased by 2.1%, climbing from 169,600 cases in 2022 to 173,200 in 2023.

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the shed before its collapseThe sidewalk shed collapse on 29th Street in Chelsea yesterday morning tragically underscores the dangers pedestrians face in New York City. According to recent updates from the Department of Buildings (DOB), the shed was struck by a box truck, causing the structure to collapse. The incident resulted in three injuries—one person critically injured with severe TBI and two others seriously hurt.

How Did This Accident Happen?

The DOB has now confirmed that a box truck collided with the sidewalk shed’s support beams, leading to its collapse. This revelation highlights the risks posed by vehicles operating in close proximity to construction sites and temporary structures. The crash occurred around 8:20 a.m., a time when many pedestrians were using the sidewalk. Eyewitnesses described the terrifying sound of the collapse, with nearby residents rushing to assist those trapped under the debris.

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The 13 personal injury attorneyes at Gair, Gair, Conason, Rubinowitz, Bloom, Hwershenhorn, Steigman & Mackauf named 2024 Super LawyersAt the New York Personal Injury Law Firm of Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf, we are proud to announce that 8 of our attorneys have been selected to the 2024 Super Lawyers list, with an additional 5 attorneys named to the Rising Stars list. This prestigious recognition reflects our dedication to providing top-tier legal representation in personal injury law and our relentless pursuit of justice for our clients.

Super Lawyers is a respected rating service that recognizes outstanding lawyers in various practice areas based on a multi-phase selection process. This process includes peer nominations, independent research, and peer evaluations. Only the top 5% of attorneys in each state are named to the Super Lawyers list, while the Rising Stars list acknowledges the top 2.5% of attorneys who are either under 40 or have been practicing law for 10 years or less.

Ben Rubinowitz Named Number One: New York — Metro Super Lawyers

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Nicholas Dominici died because of the daycare's reckless negligenceIn a tragic case that has shocked New York City, the husband of a Bronx day care owner, Felix Herrera Garcia, has been sentenced to 45 years in prison for his role in operating a fentanyl trafficking ring from a day care facility that led to the death of a 22-month-old child.

Herrera Garcia’s conviction follows a guilty plea to charges including conspiracy to distribute narcotics and possession with intent to distribute narcotics, resulting in death and serious bodily injury. His actions, along with those of his co-conspirators, turned a day care—a place where parents trust their children will be safe—into a deadly drug operation, with hidden fentanyl stashes beneath the very floors where children played, ate, and napped. The death of 22-month-old Nicholas Dominici (picture), and the injury of three other toddlers, illustrates the profound risks of fentanyl exposure, especially for young children.

The Fentanyl Crisis in New York: A Growing Concern

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dangerous intersection E59th Street and 2nd AveAn elderly woman walking with a cane was tragically injured in a hit-and-run accident on the Upper East Side. The incident occurred Monday morning when the woman, believed to be in her 80s, tripped and fell into the street near the dangerous intersection of E. 59th St. and Second Ave., just feet away from the entrance to the Queens-bound Ed Koch Queensboro Bridge. At around 10:10 a.m., she was struck by a box truck, and the driver continued on without stopping, heading across the bridge into Queens.

Medics arrived quickly on the scene and transported the woman in critical condition to New York-Presbyterian Hospital Weill Cornell. As of now, the driver is still being sought.

This tragic accident highlights the dangers pedestrians face daily, especially seniors who may have limited mobility. The outcome of this case hinges on locating the driver, but regardless of the circumstances, it’s crucial for the victim and her family to explore their legal options.

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16 year old Jahel Zihnin was killed in a truck accidentAs personal injury lawyers representing Queens victims, we are no strangers to the devastating impact that reckless drivers can have on families and communities. Recently, families in Queens have been calling for urgent action to protect children from the dangers posed by careless motorists. Yesterday, the group Families for Safe Streets, alongside lawmakers, gathered at IS-125 in Woodside to honor the lives of several young pedestrians who were tragically killed in traffic accidents, including 16-year-old Jael Zhinin (picture). She lost her life in a crosswalk, struck by a truck on the last day of class in June.

The grief and frustration felt by these families are not isolated. Many of our clients have experienced firsthand the sudden loss of a loved one or the long road to recovery after a serious accident. But the pain of losing a child, especially when they were simply walking in a crosswalk or standing on a sidewalk, is unimaginable.

Advocating for Change: Sammy’s Law

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construction workers must be protectedThe U.S. Occupational Safety and Health Administration (OSHA) is intensifying efforts to tackle repeat safety violators, with a sharp focus on industries like construction that see high rates of fatalities and serious injuries. Doug Parker, the Assistant Secretary of Labor for Occupational Safety and Health, outlined the agency’s priorities during the recent Safety ’24 conference hosted by the American Society of Safety Professionals.

One of OSHA’s top concerns is the recurring safety violations in high-risk industries. Construction, in particular, faces alarming rates of fatal injuries, primarily from falls. Falls remain the leading cause of construction worker deaths year after year. Employers’ failure to implement proper fall protection has turned this issue into what Parker refers to as an “epidemic of noncompliance.”

Targeting Serial Offenders

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