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 Tagged with personal injury lawyer

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Medical malpractice Lawyer Ben Rubinowitz is teaching jusdgesThis summer, our managing partner Ben B. Rubinowitz will join Hon. Lewis Lubell (Moderator), Olympia Rubino, Esq., and Jason Hoffman, M.D., in presenting a program to judges of the New York State court system on the evaluation of medical evidence in personal injury and medical malpractice litigation.

The program, titled “Medical Evidence in Personal Injury and Malpractice Litigation,” is designed to provide judges with practical tools for analyzing the complex medical issues that frequently arise in these cases.

Medical records, diagnostic imaging studies, and expert testimony often form the foundation of personal injury and medical malpractice lawsuits. The volume and complexity of this evidence can present significant challenges for trial judges. Through real-world examples and demonstrations involving medical specialists, the faculty will explore practical approaches to evaluating medical proof and managing these cases from pretrial motions through trial.

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Howard Hershenhorn top 10 all lawyers and top 5 all personal injury lawyers in New YorkGair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf is proud to announce that partner Howard S. Hershenhorn has once again been recognized among the most accomplished attorneys in New York, earning a place among the Top 10 attorneys across all practice areas in the New York Metro area in the 2026 edition of Super Lawyers.

In addition to this prestigious distinction, Hershenhorn was ranked among the Top 5 Personal Injury attorneys in the New York Metro area, reflecting his exceptional reputation and decades of success representing victims and families in some of New York’s most complex and catastrophic cases.

The 2026 rankings are particularly noteworthy because they mark the first year that Super Lawyers introduced separate rankings by practice area. Hershenhorn’s placement among the elite attorneys in personal injury highlights the breadth of his experience and the respect he has earned throughout the legal profession.

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The_Alpha_Sigma_Phi_Coat_of_ArmsA 19-year-old Rutgers University student was critically injured earlier this month after an alleged hazing ritual at the Alpha Sigma Phi fraternity house in New Brunswick, New Jersey. According to multiple reports, the student was found unresponsive in the basement of the off-campus property and rushed to Robert Wood Johnson University Hospital, where he was initially listed in critical condition. The national fraternity organization has since shut down the Rutgers chapter permanently, acknowledging that hazing took place.

As school injury attorneys who have represented victims of negligence on campuses across New York and beyond, we are deeply troubled by the details emerging from this case — and by the recurring pattern of preventable harm that continues to occur under the guise of fraternity “tradition.”

Understanding the Legal Implications of Hazing

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3D_Medical_Animation_of_Left_Atrial_Appendage_OcclusionBoston Scientific has issued updated instructions for products used in the implantation of its Watchman left atrial appendage closure device after the Food and Drug Administration (FDA) linked the procedure to 120 serious injuries and 17 patient deaths.

FDA Safety Alert Highlights Increased Risk Under Sedation

According to an FDA safety communication released on August 8, 2025, the updated instructions apply to the FXD Curve, Truseal, and Trusteer access systems—all of which are used to implant the Watchman device. The FDA warned that patients sedated but not placed on mechanical ventilation during the procedure face a heightened risk of air embolism, a dangerous condition caused when an air bubble enters the bloodstream.

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construction workers must be protectedConstruction employers have a legal duty to provide a safe workplace under both federal OSHA regulations and state workplace safety laws. This duty includes taking reasonable steps to prevent heat illness by providing water, shade, rest breaks, training, and emergency response plans.

If your employer fails in these duties and you suffer a heat illness injury, you may be entitled to:

  • Workers’ Compensation Benefits: These benefits typically cover medical treatment costs, rehabilitation expenses, and a portion of lost wages. You generally cannot sue your employer outside of workers’ compensation, but benefits should adequately cover your injury-related losses.

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Ben Rubinowitz to speak at Trial UniversityGair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf is proud to announce that Managing Partner Ben Rubinowitz will be speaking at the upcoming Trial Lawyers University (TLU) Skills Training Bootcamp, taking place June 4–7 in Huntington Beach, California.

This immersive four-day event brings together some of the nation’s top trial lawyers to focus on the science and technique of human connection in the courtroom. Developed over nearly a decade, the TLU Skills curriculum breaks down complex courtroom communication into identifiable, repeatable micro skills—such as eye contact, voice and emotional control, word selection, and listening. These skills are practiced, recorded, and coached in the context of voir dire, opening statements, and cross-examination.

Ben Rubinowitz’s session will focus specifically on jury selection, a foundational moment in any trial that can determine how a case unfolds. Ben will lead a workshop on how to question jurors about:

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NYPD chase can result in dangerous accidentsA chaotic scene unfolded early Sunday morning in Jackson Heights, Queens, when a high-speed police chase ended with a car careening onto the sidewalk and striking pedestrians at the intersection of 80th Street and Northern Boulevard. The incident, which sent two people to the hospital, raises serious questions about public safety during police pursuits and the accountability of reckless drivers.

The chase began around 2 a.m. in Astoria when NYPD officers attempted a routine traffic stop. Instead of complying, the driver of a white BMW sped away, leading police on a two-mile pursuit. The chase ended when the vehicle crashed into an FDNY call box near Northern Boulevard, narrowly avoiding a restaurant.

Unfortunately, the out-of-control vehicle struck four pedestrians, two of whom required hospitalization. A 23-year-old man suffered a leg laceration, and a 28-year-old woman sustained back injuries. Both are reported to be in stable condition. Witnesses described the scene as chaotic, with one local resident, Danny Rojas, expressing relief that no lives were lost and hoping for justice.

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NYC Personal Injury Attorney Rachel JacobshlawcouncilWe are proud to announce that our partner, Rachel Jacobs, will be a featured panelist at her undergraduate alma mater, Binghamton University’s Women in the Law event. This event, hosted by the Harpur Law Council, brings together distinguished female attorneys to discuss their careers, challenges, and the evolving landscape for women in the legal profession.

Date: Wednesday, Oct. 9

Cost: Free

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New York Personal Injury Attorneys Rubinowitz and TorganIn an article published today in the New York Law Journal, Ben Rubinowitz and Evan Torgan write about the critical importance of expert cross-examination in trial advocacy. Their piece, titled “Expert Cross-Examination: Creating Maximum Mileage From an Expert’s Mistakes,” offers a deep dive into the strategies attorneys can employ to effectively challenge the credibility of expert witnesses.

The deadly Metro North Train AccidentDrawing on the IN RE METRO NORTH trial, presided over by Honorable Paul Marx in Westchester County Supreme Court, Rubinowitz and Torgan explore how meticulous preparation and a thorough understanding of the case can expose flaws in an expert’s analysis. Rubinowitz and Richard Steigman, served as lead trial counsel for all injured passengers, successfully leveraging cross-examination to reveal critical errors in the defense’s expert testimony, which played a significant role in the trial’s outcome.

This article is a valuable resource for attorneys seeking to refine their cross-examination techniques and underscores the impact that even minor discrepancies in expert reports can have on the credibility of testimony and the jury’s perception.

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US_Supreme_CourtIn a pivotal decision, the U.S. Supreme Court has overturned the Chevron deference doctrine, fundamentally altering the landscape of federal agency authority. This 6-3 ruling in the case of Loper Bright Enterprises v. Raimondo is set to have far-reaching consequences across various sectors, including personal injury law.

Understanding Chevron Deference

Chevron deference, established in the 1984 case Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc., mandated that courts defer to a federal agency’s interpretation of ambiguous statutes it administers, provided the interpretation is reasonable. This principle has played a critical role in how agencies like the Occupational Safety and Health Administration (OSHA) and the Environmental Protection Agency (EPA) enforce regulations.

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