New York Auto Accident Lawyers Medical Malpractice Product Liability Premises Food Poisoning Elder Abuse Attorneys

    February 5th, 2012

Our New York Personal Injury Lawyers Are Auto Accident, Motorcycle and Big Rig Truck Accident Attorneys For Serious and Catastrophic Injury Cases, Medical Malpractice Attorneys, Product Liability Lawyers, Drug Defect Attorneys, Food Poisoning Lawyers, Serious Injury Premises Liability Attorneys and Elder Abuse Lawyers Serving all New York State, from New York City, Manhattan, the Bronx, Brooklyn, Queens and Staten Island to Albany, Buffalo, Mount Vernon, New Rochelle, Niagara Falls, Rochester, Schenectady, Syracuse, Utica, White Plains and Yonkers.


California Product Liability Lawyers Our Law Group lawyers will consider representing those seriously injured as the result of an auto, motorcycle or big rig truck accident, medical malpractice, a defective product or food poisoning, premises liability and elder abuse throughout the state of New York, from New York City, Manhattan, the Bronx, Brooklyn, Queens and Staten Island to Albany, Buffalo, Mount Vernon, New Rochelle, Niagara Falls, Rochester, Schenectady, Syracuse, Utica, White Plains and Yonkers.

We invite you to submit a "Consultation Request" and one of our experienced trial lawyers will call you to discuss your case, provide you with a preliminary case evaluation, and our initial recommendations. You are encouraged to ask about our credentials as trial lawyers and our experience in preparing and presenting to settlement judges and juries the type of case that led to your injury, be it an auto accident case or product liability or medical malpractice or pharmaceutical defect case, food poisoning, elder abuse or premises liability case. Our Law Group lawyers consider it your right to ask, and we recommend that you ask, about the attorney qualifications of any lawyer whom you would consider to represent you; and we will be pleased to discuss ours.

Our this page our Law Group personal injury lawyers provide an informational discussion of our practice areas, each with a heading so that you may find the information most relevant to your case, be it auto accident or motorcycle or big rig truck accident litigation, or medical malpractice, product liabiity, including drug and medical device product liabiity, food poisoning, serious injury premises liability or elder abuse. In the informational discussion we also will describe some of the hurdles, legal nuances and strategies for preparing and presenting the cases to assure the client's best opportunity to recover fully for his injury, his general damages and special economic damages. For example, while liability in any of these cases might be clear enough, such as the auto accident case where the other driver ran the red light, or a medical malpractice case where the surgeon closes leaving a surgical instrument in the patient's body that cuts and damages an organ, ALL serious and catastrophic injury cases are complex in the preparation and presentation of the client's general and special damages, including future medical expenses likely to be incurred over the course of the client's lifetime, and the loss of future earnings the client would have received over the course of his work-life expectancy had he not been injured. We will discuss more fully the complexity of preparing and presenting the seriously injured client's general and special damages for presentation to settlement judges and juries. Among the credentials which the potential client may wish to consider then in selecting an attorney with the qualifications to represent him in his particular case is the attorney's experience as a trial lawyer in preparing and presenting complex damage evidence in serious injury litigation.

Our Personal Injury Trial Lawyers Will Discuss Complex Liability in Auto, Motorcycle and Big Rig Truck Accident Cases, Including Solving the "Collectability" Problem in Serious Injury Auto Accident Cases. Our Medical Malpractice Lawyers Will Discuss Strategies in Failure to Diagnose Cases, Our Product Liability Lawyers Will Discuss Our Pharmaceutical Product Defect Litigation, Our Food Poisoning Lawyers Will Discuss Outbreak Cases, Our Serious Injury Premises Liability Lawyers Will Discuss Cases Involving Public Entities, Commercial and Residential Property. Our Elder Abuse Attorneys Will Discuss Physical Abuse, Neglect and Abandonment and Psychological Abuse. Our Law Group Lawyers Will Consider Representing Clients Throughout the state of New York, in New York City, Manhattan, the Bronx, Brooklyn, Queens and Staten Island; from Albany and Buffalo to Mount Vernon, New Rochelle, Niagara Falls, from Rochester, Schenectady and Syracuse to Utica, White Plains and Yonkers

First below our Law Group serious injury trial lawyers we will discuss the common complexities in serious and catastrophic injury auto, motorcycle and big rig truck accident cases. Then our trial lawyers will discuss the complexity of preparing and presenting the general and special damages of the seriously injured client. Following that our serious injury attorneys will discuss our other practice areas, including medical malpractice, product liability including drug defect cases, food poisoning, serious injury premises liability litigation and elder abuse. If you were seriously injured in the state of New York as the result of an auto accident, motorcycle or big rig truck accident, as the result of medical malpractice or a defective product, drug, medical device or food poisoning, a defect or failure to maintain commercial, residential or public property or as the result of elder abuse we welcome you to contact us for a free consultation. Our New York personal injury lawyers will consider representing potential clients throughout the state, from New York City, Manhattan, the Bronx, Brooklyn, Queens and Staten Island; in Albany and Buffalo, Mount Vernon, New Rochelle and Niagara Falls, in Rochester, Schenectady, Syracuse and Utica to White Plains and Yonkers.

Our Auto Accident Lawyers Describe The Complexities That Commonly Arise in the Serious Injury Auto Motorcycle and Big Rig Truck Accident Cases. Our Auto Accident Attorneys, Motorcycle and Big Rig Truck Accident Attorneys Explain That In All Such Cases the "Collectability" Issue May Loom Largest. Our New York Auto Accident Lawyers Will Consider Representing Potential Clients Throughout New York State, in New York City, Manhattan, the Bronx, Brooklyn, Queens and Staten Island, from Albany and Buffalo to Mount Vernon, New Rochelle, Niagara Falls and Rochester, from Schenectady and Syracuse to Utica, White Plains and Yonkers Who Have Suffered Serious or Catasrophic Injuries in Auto, Motorcycle and Big Rig Truck Accidents.

Auto accident cases may often seem to be simple cases, liability may be obvious, as where the other party ran a red light. Yet all serious and catastrophic injury auto, motorcycle and big rig accident cases are complex in the preparation and presentation of the client's general and special damages, including future medical expenses and future earnings losses. And the most difficult hurdle for the experienced New York auto accident lawyer will often be to identify and develop the evidence of the vicarious or independent liability of a third party defendant with sufficient insurance to pay the client's full measure of his general and special economic damages. It can also be the experienced New York serious injury auto accident trial lawyer's most creative opportunity for applying his legal knowledge, investigative skills and advocacy in assuring that his client is fully compensated.

Motorcycle accident and big rig truck accident cases in New York are statistically more likely to involve serious and catastrophic injuries, for the obvious reasons first that the motorcycle lacks all of the safety benefits of the auto driver, the cage surrounding the driver and passengers, the seat belts, air bags and other safety qualities incorporated into cars. And then accidents involving big rig trucks generally involve serious injuries because of the greater weight of the truck and impact energies delivered. However all New York auto accidents can potentially result in serious and catastrophic injury, from quadriplegia to paraplegia and other serious spinal cord injuries, debilitating internal injury, catastrophic orthopedic injury, limb amputation, or traumatic brain injury, TBI, as examples. And in such cases, the client's fair measure of his general and special economic damages, including past and future medical expense the client will incur over the course of his life expectancy and the loss of earnings he will suffer by reason of his injuries, all may measure in the millions or tens of millions of dollars.

Yet in most motorcycle and auto accident cases the driver of the car which caused the accident in New York may carry only minimum or minimal auto liability insurance, woefully inadequate to pay the full measure of the client's damages. In big rig truck accident cases, federal law requires only that the driver of the truck carry $750,000 in liability coverage, with the drivers commonly carrying no more than $1,000.000, again which may be completely inadequate to fully compensate for the injury and damages suffered.

So even in the "simple" liability auto accident case, as important as it is for the experienced New York auto accident lawyer or motorcycle or big rig truck accident attorney to fully prepare to present to settlement judges and juries the client's general and special damages, it can be just as important to the outcome in the case, in terms of the amount of the settlement or judgment the client will ultimately collect, that the New York auto attorney identify and obtain the evidence to bring a cause of action against other proper defendants with sufficient insurance or assets to pay the client's full measure of damages.

The teams of experts and their function in establishing the full measure of the client's general and special economic damages is sufficiently complex that our New York auto accident lawyers have devoted an entire section of this page to the subject, immediately following this one. However, the "collectability" hurdle that New York auto accident attorneys and motorcycle and big rig truck accident lawyers will commonly need to overcome in most serious and catastrophic auto accident cases is also commonly the most difficult to surmount. But again, this is the aspect of the case that provides the superior New York trial lawyer the opportunities for his greater creativity and advocacy. First, the serious injury New York auto accident attorney must be knowledgeable about all the potential causes of action that can be used, the evidence that will be required to sustain each cause of action, and then the New York auto accident lawyer's investigative skills in identifying the potential "deep pocket" third part defendant, and the skills of the attorney's accident reconstruction expert as well as the New York auto accident attorney's superior advocacy will be required to prevail.

In some serious injury auto accident cases there may be evidence of the third party defendant's independent liability and in other cases the New York auto accident lawyer will identify evidence of a deep pocket defendant's "vicarious liability" for the negligence of the auto driver. Examples of a third party's independent liability that the New York auto accident lawyer might discover as the product of his investigation might include a road defect or failure of a public entity to maintain the road, such failure to provide a roadway barrier or failure of the public entity to trim tree limbs that obscure a stop sign. In some cases the experienced New York serious injury auto accident lawyer may determine that the other driver lost control of his vehicle due to negligent maintenance by an auto repair facility. Another example might be where the experienced New York auto accident lawyer discovers a design or manufacturing defect in one of the cars involved in the accident, in which case the car manufacturer might be sued.

One legal theory of "vicarious liability" that experienced New York auto accident lawyers can often employ in many cases to overcome the collectabiity hurdle is "respondeat superior" or employer liability. Where the other driver was operating his vehicle "in the course and scope of his employment" the employer is liable to pay the damages sustained by the victim of the employee driver's negligence. In many cases the New York auto accident attorney will discover that the driver of the other vehicle was driving on entirely personal trip at the time of the accident, without any connection with the business of the employer, and so it may be that employer vicarious liability is unavailable. However, many times the experienced serious injury New York auto accident lawyer can identify good factual bases under the law to assert employer liability.

To illustrate the potential use of the theory of vicarious liability in serious injury auto accident litigation, in one case described under "Recent Jury Verdict's and Settlements" in the left column of this page, the client lost his lower leg when hit by another vehicle while he was splitting lanes at an intersection between two left turning cars. Parenthetically, the Law Group serious injury lawyer first established by taking the deposition of the investigating police officer that his client's splitting lanes was not a causal factor in the accident. But in terms of assuring the client's best opportunity to recover for the full measure of his damages, the serious injury trial lawyer also developed evidence that the driver of the other vehicle was carrying tools in his truck. While under the applicable law the common commute to work would not lead to the vicarious liability of the employer, the evidence that the other driver was carrying tools on his way to his work site was sufficient to establish to the settlement judge that the other driver was operating his vehicle "in the course and scope of his employment" and therefore, that the employer, with a multi-million dollar liability insurance policy with excess coverage, was a proper defendant, liable for the negligence of its employee, and for the full measure of the client's damages.

Another means of establishing the employer's liability for the negligence of its employee can be to obtain the other driver's partially redacted telephone records to determine if he was driving while speaking on a cell phone in the moments preceding the accident. One in ten drivers on our American roadways are talking on their cell phones at any given daylight moment in time. NOPUS. One in four accidents involves a driver distracted by his cell phone. Cell phone use while driving results in DUI level driving impairment, and a 4 fold increased likelihood that the driver will cause an accident. So parenthetically, the evidence may be useful in turning the scales on liability in the contested case. However, if the experienced New York serious injury auto accident lawyer takes the other driver's deposition and interrogates him with regard to the subject matter of the telephone calls, he will be able to determine if the call was a business related call. Often with the longer commutes drivers must make every day to and from work they will call their secretaries or employers or call a business client to confirm an appointment for later in the day, and where it is discovered that the other driver was involved in a business call, the serious injury New York auto accident lawyer can again establish that the driver was operating his vehicle "in the course and scope of his employment," permitting the client to recover his full measure of damages from the employer.

In big rig truck accident cases, as noted above, the driver of the truck will commonly carry only $750,000 or $1,000,000 in liability coverage, usually far short of the full measure of the seriously or catastrophically injured auto accident victim's general and special economic damages. Large commercial trucks and big rig trucks, semi's and 18 wheelers, are much heavier that the ordinary passenger car, and their impact forces are greater, and so it is very common for big rig truck accidents to result in serious or catastrophic injuries, with the driver's insurance again inadequate to fully compensate the plaintiff for his injury, general and special damages. Furthermore, the trucking companies and shippers do everything they can legally to insulate themselves from employer liability for the accidents caused by the large commercial truck or big rig truck driver, including by commonly hiring the drivers as "independent contractors." However, there are a broad variety of ways for experienced New York big rig truck accident lawyers to bring their education in the federal and state laws governing the operation of big rig trucks, and legal theories, such as "negligent entrustment" and "negligent supervision" to establish employer vicarious liability. Sometimes the laws and legal theories can be used by the New York auto accident lawyer in tandem as where the employee fails to complete and promptly deliver to the trucking company his daily logs of driving and rest periods. Or the trucking company's personal file on the driver may disclose that he has had numerous traffic violations, or a history of amphetamine drug use, not uncommon among long haul big rig truck drivers, or the serious injury New York big rig truck accident lawyer may discover information that the driver lacked the appropriate class of license, sufficient to establish "negligent entrustment." Federal and state laws governing the operation of big rig trucks may combine with the legal theory of "negligent supervision" as where the driver overloads the trailer or improperly secures the load, and vicarious liability again can be asserted against the trucking company or shipper. Often times the New York big rig truck accident lawyer can assert independent causes of action against the trucking company, including for overloading the vehicle or improperly securing it, leading to a jackknife accident, as an example, where the trucking company or shipper loaded the truck and secured the load.

In some auto accident litigation, liability may present complex issues. In serious and catastrophic injury cases the preparation and presentation of the client's full measure of general and special economic damages is always complex, and the serious injury New York auto, motorcycle, or big rig truck accident lawyer's biggest contribution in assuring that his client receives full compensation will often turn on the serious injury attorney's creativity in establishing liability against a third party to the accident.

Our New York auto accident lawyers and motorcycle and big rig truck accident attorneys offer free consultations. We invite you to submit the "Contact Form" and one of our serious injury New York accident attorneys will call you to discuss the facts of your accident and inquire with regard to your injuries, past medical expense and your likely need for future medical care as well as the effect your injury may have upon your ability to do your job or impair your future earning capacity. Our New York auto accident lawyers, motorcycle attorneys, and big rig truck accident lawyers will consider representing those seriously injured in auto accidents throughout the state of New York, from New York City, Manhattan, the Bronx, Brooklyn, Queens and Staten Island,; as auto accident attorneys for serious injury cases arising in Albany, Buffalo and Mount Vernon New Rochelle, Niagara Falls, in Rochester, Schenectady and Syracuse, in Utica, White Plains and Yonkers.

Every Serious Injury Case Is Complex In the Lawyer's Preparation of the Client's General Damages and Special Economic Damages, including Future Medical Expense Likely to Be Incurred Over the Life Expectancy of the Client, and the Loss of the Client's Future Earnings For the Remainder of his Work-Life Expectancy. This Aspect of the New York Auto Accident Attorney's Responsibility is Complex in All Serious Injury Litigation, in Auto Accident Cases, in Medical Malpractice Product Liability and Drug Product Liability Cases, in Serious Injury Premises Liability Litigation and Elder Abuse Cases.

The ultimate service that the experienced New York serious injury trial lawyer provides to his client is the case outcome, measured in a recoverd general and special economic damage award. The New York trial lawyer's preparation and presentation of the client's general and special damages is always complex, requiring that the experienced New York serious injury trial attorney engage a number of highly qualified experts. This responsibility and opportunity for the experience New York trial lawyer applies to his representation of clients in every legal practice area, from auto, big rig and motorcycle accident cases to medical malpractice, product defect and food poisoning litigation, from serious injury premises liability cases to elder abuse litigation.

General damages is sometimes referred to by lawyers as "pain and suffering," however, in serious and catastrophic injury cases, when the client speaks about his greatest aspect of general damages, it is often his "loss of enjoyment of life" damages. Where the client suffers paraplegia, he may not think of the greatest consequence of his injury in terms of the pain and suffering he endured but rather in his inability after the injuries to engage in all of the activities he enjoyed prior to his injuries. Similarly, where the client who suffered debilitating internal injuries, or traumatic brain injury, from an auto accident or anesthesiologist error, the New York trial lawyer may find that his client's most poignant general damages are his loss of enjoyment of life damages. In preparing the serious injury general damage case for presentation to a settlement judge or jury, the experienced New York serious injury trial lawyer will often elicit first the testimony of the client, his family and friends to describe the activities that the client most enjoyed before the accident, and then juxtapose a professionally produced "Day in the Life" film, showing the client courageously overcoming all the big and small challenges presented just in his ordinary daily life. It is our New York serious injury trial lawyers estimation that in many cases demonstrating the courage of the client can engender the greatest empathy in settlement judges and jurors, thereby increasing the opportunities to obtain full compensation for the client's general damages.

Past medical expenses can be easy to prepare, simply add up all the bills, and in smaller cases, the client will have no specter of future medical expenses. However, in serious and catastrophic injury cases, the client's future medical expenses may be measured in the millions or tens of millions of dollars, and the function of the New York serious injury trial lawyer to marshal the evidence to establish the client's full measure of future medical expense can be extremely complicated. At its very minimum it requires the experienced New York trial lawyer to obtain medical experts in the fields of medicine required to fully describe the nature and extent of the client's injury, his diagnoses and prognoses. The experienced serious injury lawyer will then provide the reports prepared by his medical experts to a "life care planner" whose responsibility will be to list all of the expenses the client will likely be required to incur over the course of his life expectancy. The life care planner will consult with the treating and expert physicians with regard to every aspect of medical care and materials the client will require, from future surgeries, replacement prostheses, drugs, full time or part time nursing care, everything from hospital costs through to the medical sundries that will be required over the course of the client's remaining lifetime. The experienced New York serious injury attorney will then require a forensic economist, first to review the reports of the treating physician and life care planner, and then will increase the amounts of the future costs according to statistics on the historical year to year growth in the cost of medical care; and then he will discount the total to present cash value by applying historical inflation statistics. The experienced New York serious injury trial lawyer is involved in every stage of the process, and he will present the reports in settlement conferences, and if the case can't be settled, he will call these experts to testify upon the trial.

The responsibilities of the experienced New York trial lawyer to demonstrate fully his seriously injured client's future earnings losses can be equally complex, requiring New York trial attorneys experience again to engage a number of experts, beginning with medical experts to describe the nature and extent of the client's disabilities. The experienced New York serious injury attorney will then engage a "rehabilitation expert" whose function is to compile the relevant information from the medical experts' reports, obtain the client's school and higher education records and diplomas, and his employment records, meet with the client often a number of times, consult scientific and trade periodicals with regard to the trades or professions the client would have been able to be employed in if he had not been injured and the trades and professions in which the client can after the injury obtain gainful employment. The experienced New York trial lawyer will also consider the medical opinions of his experts in determining whether the client's work-life before the accident may be different from his work-life expectancy following his injuries. The experienced New York serious injury trial attorney will then again engage a forensic economist to increase the loss of earnings according to government statistics on wage growth in the trades and professions, and then discount the total to present cash value.

The foregoing underestimates the complexity of the responsibilities of the experienced New York serious injury trial lawyer in preparing and presenting his client's general and special economic damages to assure the greatest opportunity to obtain for his client to recover the full measure of his damages. This is sophisticated work the serious injury trial lawyer must accomplish, recommending experienced serious injury New York trial lawyer representation.

Our New York personal injury lawyers offer free consultations to clients who have suffered serious or catastrophic injuries as the result of auto, motorcycle and big rig truck accidents, defective products including phramaceuticals, medical malpractice, food poisoning, premises defects and failures in maintenance, or as the result of elder physical abuse, neglect, abandonment or psychological abuse. Simply fill out the "Contact" form and one of our appropriately qualified lawyers will contact you to discuss your case, offer our case evaluation and preliminary recommendations. Our experienced New York auto accident lawyers, medical malpractice attorneys, product liability lawyers, food poisoning attorneys, premises liability lawyers and elder abuse attorneys will consider representing potential clients throughout the state of New York, from New York City, Manhattan, the Bronx, Brooklyn, Queens and Staten Island to Niagara Falls, from Albany and Buffalo to Mount Vernon, New Rochelle, Rochester, Schenectady and Syracuse, Utica, White Plains and Yonkers.

The Presentation of the Evidence of Medical Malpractice and Health Care Provider Negligence Can Often Be Complex, Recommending New York Medical Negligence Attorneys Experienced in Preparing and Presenting Medical Malpractice Litigation. Our New York Medical Malpractice Lawyers Will Consider Representing Those Who Have Been Seriously Injured As the Result of Physician, Hospital or Health Care Provider Error Throughout the State of New York, from New York City, Manhattan, the Bronx, Brooklyn, Queens and Staten Island to Albany and Buffalo. from Mount Vernon, New Rochelle to Niagara Falls, in Rochester, Schenectady and Syracuse, and in Utica, White Plains and Yonkers.<

New York medical malpractice attorneys are confronted with distinct complex liability issues in just about every case, from errors in surgery to failures to diagnose or misdiagnosis, medical treatment that falls below the applicable standard of care, hospital negligence, and in every case even the most experienced New York medical malpractice lawyer must go through an intensive learning process, gathering the client's medical records, having them reviewed by highly qualified experts, engaging the experts in discussions with regard to the health care provider's errors in care or treatment, and then preparing the experts for trial. Except in the most obvious medical malpractice cases the expert medical testimony and the quality of the qualifications of the experts, along with the trial advocacy of the experienced New York medical malpractice attorney, will be where the cases are won. Medical negligence cases are almost always complex in the preparation to establish the liability of the physician or health care provider, and then, just as in any other case, the task of the serious injury New York malpractice attorney in establishing the clients full measure of general and special economic damages is complex, as discussed in the previous section. As the result, the potential client should want to inquire of any New York medical malpractice attorney whom he would consider to represent him about the lawyer's specific experience in trying medical malpractice litigation and his experience as a serious injury trial attorney.

To illustrate the difficulties of medical malpractice cases and the opportunities for the superior trial lawyer's aggressive advocacy in obtaining full compensation for his seriously injured client, one case is discussed in the left column of the page in which one of our Group medical malpractice lawyers succeeded in obtaining a multimillion dollar jury verdict in a strenuously contested failure to diagnose case. The patient presented initially to an internist with a history of two feinting spells, the internist did a variety of tests, including an electrocardiogram, and failing to identify a medical cause for the feinting, referred the patient to a neurologist. The neurologist performed another battery of tests. He too could find no medical cause for the feinting. The physicians arrived at a diagnosis of vaso vagal syncope, which in lay terms means a psychological cause, and referred the patient to a psychologist. The patient later suffered a stroke and was diagnosed at the hospital with the most rare tumor in the human body, an atrial myxoma, a tumor in the upper left chamber of the heart, responsible for flipping off emboli which then passed through the aorta into the vasculature servicing the brain, clotting and causing the neurological symptoms and stroke. The Law Group medical malpractice lawyer engaged experts to review the medical records, and the reviews suggested that the internist and neurologists should have diagnosed the atrial myxoma despite that the tumor was exceedingly rare, appearing in only a few case studies in the medical literature. According to the Law Group attorney's experts, the defendant physicians could have made the diagnosis if they had only considered other potential cardiological eitiologies and performed an echocardiogram of the heart to rule them out. At trial our Law Group medical malpractice attorney set forth this somewhat complex series of premises as his theory on the negligence of the internist and neurologist. Of course, in terms of the strength of the opening arguments, the defendants attorneys were able to give powerful arguments about the rarity of the tumor that the plaintiff's attorney was arguing the defendant physicians should have diagnosed, indeed, that the atrial myxoma had come up in the medical literature previously only as an autopsy diagnosis, never having been identified in a live patient.

As his first witness in the case, the Law Group medical malpractice lawyer called the defendant internist to the stand. He led out with his chin in one of his first questions, asking "Upon hearing Mrs. Z describe her symptoms of feinting, did you consider in your differential diagnosis atrial myxoma?" Fairly obviously prepared for the occasion by his attorney, the internist snapped back at the lawyer a common medical syllogism, "Mr. Henke, you don't think of zebras when you hear hoof beats," meaning that when a physician is confronted with a set of symptoms, he forms a differential diagnosis prioritized to list the most common likely causes of the symptoms, and then sets out to rule out those, not the highly unlikely potential cause. But a light bulb went off in the brain of the Law Group medical malpractice attorney, and he snapped back just as quickly, first softly, "Mitral Valve Prolapse," and then more loudly, "It's a horse, isn't it doctor." The defendants attorneys as quickly objected, but the defendant himself had "opened the door" and the Judge ordered the internist to answer. The doctor paused and said, feigning a lack of understanding, "What do you mean?" And the Law Group medical malpractice attorney responded, "Mitral valve prolapse will occur in approximately 6 percent of women Mrs. Z's age, it's a horse, isn't it, doctor." The internist reluctantly agreed, "Okay, it's a horse." The malpractice lawyer continued, again first softly,"Mitral stenosis," and then more loudly, "It's a horse, isn't it Doctor?" The internist had to agree again. The plaintiff's malpractice attorney continued, first softly again, "Idiiopathic subaortic stenosis," and then more loudly, "It's a horse isn't it?" And then the punch line, "Well doctor, upon hearing of Mrs. Z's symptoms of feinting, the hoof beats, if you had just looked in the direction of the hoof beats, performed an echocardiogram to rule out these other common cardiological entities, you would have seen the zebra, wouldn't have you?" And that was the liability case, faithful to the medical malpractice lawyer's experts' theories of the defendant physician's failures to conform to the applicable standard of care. The Law Group medical malpractice lawyer returned to the zebra syllogism in closing argument, the combination of the experts testimony and the medical malpractice lawyer's trial advocacy succeeding in obtaining for his client the multi-million dollar jury verdict.

Most medical malpractice cases are decided by juries on the basis of the qualities of the expert testimony elicited by the plaintiff and defendants' attorneys, testimony often very difficult for the jurors to fully understand, and often cases equally divided on the persuasiveness of the expert testimony will be decided on the credentials of the medical experts called to support the case of the plaintiff and defendant. In another case described in the left column of this page the same Law Group medical malpractice lawyer represented 10 AIDS patients against a number of medical doctors and two hospitals, alleging medical negligence and hospital negligence, violations of the human subjects in medical experimentation act, fraud and conspiracy to defraud, among other causes of action. When 5 of the medical malpractice lawyer's clients were approaching death he moved to consolidate their cases into one, and moved the court to advance the trial date to permit his 5 seriously ill clients their day in court during their lifetimes. In preparation for the trial, with the finest defense medical and hospital defense attorneys set to appear for the defendants, and likely to call superior experts, the Law Group medical malpractice attorney assembled a stellar cast of many of the most highly qualified AIDS physicians and scientists in the world to testify for the plaintiffs. Among the 20 experts were Luc Montagnier the head of France's National AIDS Laboratories and the discoverer of HIV, Michael Gotlieb, the astute physician who discovered AIDS and co-founded the American Foundation for AIDS Research, Don Francis, the extraordinary epidemiologist who headed up the CDC's first AIDS task force and discovered that AIDS was a sexually transmitted disease, Roger Detels, the Chairman of the Epidemiology Department at the UCLA medical school and principle investigator on the largest study in the world comparing the efficacy of AIDS medical drugs, John Curnutte, the head of the largest AIDS vaccine study in the world, supervising one hundred scientists in the project, and Peter Wolfe, a member of the Scientific Advisory Committee to the American Foundation for AIDS Research along with a dozen others of the most highly qualified experts. The Law Group medical malpractice trial lawyer tried the cases of his 5 seriously ill clients in a single consolidated four month trial, obtaining jury verdicts against both the physicians and hospital for medical malpractice and hospital negligence as well as a fraud judgment against the physicians, and a jury verdict for conspiracy to defraud against the hospital. The jury returned a multi-million dollar verdict, including 1.6 million dollars in punitive damages against the hospital. It is the Law Group attorney's opinion that the superior medical and scientific credentials of his experts were pivotal in prevailing in the case.

In selecting the medical malpractice attorney where the potential client in New York has suffered serious injury and damages, we consider that it is important that the potential client inquire and consider the qualifications, and experience of all available New York medical malpractice lawyers, including their experience both in serving as lead trial attorney in substantial complex medical malpractice cases and their qualities as trial advocates and serious injury attorneys.

If you were seriously injured as the result of medical, hospital or health care provider negligence, our New York medical malpractice lawyers welcome you to contact us for a free consultation. You may submit the "Case Consultation Form" and one of our New York medical malpractice attorneys will contact you to inquire about the medical care which you consider negligent and your injuries, pertinent diagnoses and prognoses, likely future medical intervention and your anticipated earnings losses, following which our New York medical malpractice attorneys will provide our initial case evaluation and recommendations. Our New York medical malpractice lawyers will consider representing potential clients seriously injured as the result of medical negligence throughout the state of New York, from New York City, Manhattan, the Bronx, Brooklyn, Queens and Staten Island; our serious injury medical malpractice lawyers will consider representing victims of medical negligence in Albany and Buffalo from Mount Vernon to New Rochelle up to Niagara Falls, in Rochester, Schenectady, Syracuse, Utica, White Plains and Yonkers.

Our Product Liability Attorneys Discuss The Complexity of Product Cases Generally, and Pharmaceutical Product Liability Cases in Particular. Our Product Liability Lawyers Discuss the Benefits and Potential Detriments of Joining in Product Liability Class Actions. Our New York Trial Product Liability Lawyers Will Consider Representing Those Seriously Injured As the Result of a Product Defect Throughout the State of New York, from New York City, Manhattan, the Bronx, Brooklyn, Queens and Staten Island; Albany Buffalo, Mount Vernon, New Rochelle, Niagara Falls, Rochester Schenectady Syracuse Utica, White Plains and Yonkers.<

Product liability cases can involve just about any product, from the child's toy or detachable part that gets caught in the child's airway resulting in his death or profound brain injury, through to auto defect cases, such as the most famous case involving the Pinto's defective gas tank, a defect which the Ford management was well aware, a defect that it might have cured with a two dollar part, but decided that the cost of incorporating the part into the cars was greater than the likely cost of paying for the injuries sustained by its consumers who would die in the gas tank explosions or suffer massive burns. The latter case is well known among the American public by reason of the $100,000,000 punitive damage jury verdict against Ford resulting from one trial. However, there have been many auto liability defects that have resulted in death or serious injury that have resulted in good liability and substantial damage verdicts, and the types of products that are found to be defective in their design or manufacture again vary widely, from the lawn mower or industrial machine that lacks appropriate safety design, to the tire that explodes by reason of a manufacturing defect.

Where there are large numbers of consumers who have suffered injury as the result of a product, class actions may be filed, where the common product liability case is presented in a single trial, and often class action cases will be settled on terms providing a sum specific that will then be distributed to the class participants. This may occur commonly in pharmaceutical product liability cases where thousands of injured plaintiffs will join in class litigation. Whether a product case results in a liability verdict against the manufacturer or a class settlement, the New York product liability lawyer's function in maximizing the opportunity to obtain the best result for his client will be in preparing his individual damage case or in providing the evidence of the full measure of the client's damages for consideration in the class wide determinations for disbursement of the total settlement fund.

The New York product liability attorney should consider at the outset whether the client will be best served by proceeding with his client's case by joining it in a class action or prosecuting it as an individual case against the manufacturer. Some "class action attorneys" don't try product liability cases, rather they will only consider joining their clients in class actions. Others, including many sophisticated New York product liability lawyers who are capable of trying product liability cases will consider the factors favoring joining a class action and those that may favor instead, prosecuting the individual case independently, in providing the option to the client. There are many factors that the experienced New York product liability attorney will consider, including the costs of trying the product liability case independently as opposed to joining a class action, where the costs are shared by all class members. However, sometimes the opportunities for full compensation of the very seriously injured client's general and special economic damages will recommend independent prosecution.

As another example to illustrate the potential choices that New York product liability lawyers my confront in representing seriously injured clients, one of our Group pharmaceutical product liability attorneys had 40 clients with very serious injuries, all of them limb defects, sustained as the result of a teratogenic nausea drug commonly used in the first trimester of pregnancy. Over one thousand of the cases filed in federal courts around the country were assigned to a federal District Court Judge for the Southern District of Ohio by the Panel on Multi-District Litigation. The federal judge certified a "mandatory class action," which joined also before the court all other cases pending nationwide, including those filed in the state courts. The Plaintiff's Lead Council Committee and the attorneys for the manufacturer then arrived at a $120,000,000 settlement that our Group member and his partners considered woefully inadequate to compensate the claims of all the many children who had sufferred birth defects nationwide. Our Law Group pharmaceutical product liability lawyer filed on behalf of just one of his clients a petition for writ of mandamus to the federal Court of Appeals challenging the District Court Judge's certification of the mandatory class and the class settlement, arguing that they impaired the right of the plaintiff to select the lawyer of his choice and to control his individual litigation. The United States Court of Appeals for the Sixth Circuit agreed with our Group pharmaceutical product liability lawyer's arguments, ordering the federal District Court Judge to decertify the mandatory class action and void the $120,000,000.00 class settlement. The federal appellate court also rendered a landmark decision on our Law Group product liability attorney's petition for writ of mandamus, effecting a lasting change to severely restrict the availability of mandatory class action in favor of voluntary class action, where the individual claimant can chose to proceed with his case by opting-in or opting-out of the class action.

Our New York product liability lawyers and pharmaceutical defect attorneys welcome you to contact us for a free case evaluation and consultation. Please submit the "Contact" form and one of our product liability attorneys or pharmaceutical product liability lawyers will contact you to discuss your case, the product, the likely defect, the manner in which the defect caused your serious injury, and our New York product liability attorneys will offer their initial recommendations. Our New York product liability lawyers will consider representing potential clients who have suffered serious or catastrophic injury as the result of a defective product throughout the state of New York in New York City, Manhattan, the Bronx, Brooklyn, Queens or Staten Island, our product and drug defect lawyers will consider cases in which the potential client was seriously injured in Albany, Buffalo and Mount Vernon and New Rochelle, Niagara Falls, Rochester, Schenectady, Syracuse, Utica, White Plains and Yonkers.

Our Law Group Food Poisoning Lawyers Discuss the Complexities Involved in the Attorneys Preparation and Presentation of Food Poisoning Litigation, and Class Actions in "Outbreak" Cases. Our Food Poisoning Attorneys Will Also Discuss By Way of Example E. coli HUS Litigation. Our New York Food Poisoning Lawyers Will Consider Representing Potential Clients Who Suffer Serious Illness from New York City, Manhattan, the Bronx, Brooklyn, Queens or Staten Island, to Albany and Buffalo, from Mount Vernon and New Rochelle to Niagara Falls, from Rochester, Schenectady and Syracuse to Utica, White Plains and Yonkers

Food poisoning litigation is often complex, requiring that the experienced New York food poisoning lawyer establish that the food product was contaminated with a particular bacterium, in some cases the negligence of the growers or manufacturers, or restaurant food managers, and that the client suffered his serious illness as the result of ingesting the food product. In individual cases this will call on the New York food poisoning lawyer's investigative skills first, and then identifying and preparing the evidence of qualified experts for presentation to settlement judges or to juries. There is one qualified exception, which is outbreak cases, where a contaminated food product is widely distributed for consumption or where the product is incorporated in a number of other products, such as lettuce grown and contaminated with E. coli at the location of the agricultural fields, subsequently incorporated in to a variety of manufacturers products and shipped to grocery stores across the nation. In food poisoning outbreak cases involving the illnesses of many, the FDA and CDC will thoroughly investigate to determine the source of the contamination, in the process both identifying those responsible and developing the evidence of their liability for the illnesses suffered by those who ingested it. The evidence compiled by the FDA or CDC can indeed provide a the experienced New York food poisoning lawyer a "leg up" on the discovery of the evidence of the grower's or manufacturer's liability. In some outbreak cases, furthermore, class action may be appropriate to resolve in a class trial or class settlement the liability contest, with the New York food poisoning class action lawyer's function then to develop the evidence of his client's full measure of general and special damages to obtain his client's fair share of the amount of the class settlement.

Examples of biological contaminants that can lead to food poisoning and illness include E coli, Purpura, Listeria, Botulism, Campylobacter, Norovirus, Salmonella and Shigella. Just by way of an example of a bacterium that will commonly result in serious illness sometimes rendering ill hundreds in outbreak cases, E. coli may render many ill, some seriously ill, and result sometimes in numerous deaths nationwide. E. coli contamination is also commonly often found to the biological food contaminant that will lead to restaurant contamination and serious illness or death. To be accurate, E. coli, referring to the general class of bacteria, is not always competent to cause illness, indeed it exists naturally in our stomachs and is essential for our survival. It is a particular strain of E. coli that has the potential to cause illness, E.coli 0157:H7, with the numbers referring to specific genetic markers. That particular strain of E. coli causes the toxin which can lead to human illness, sometimes merely gastrointestinal symptoms, but sometimes devastating diseases, including Hemolytic Uremic Syndrome, HUS, commonly leading to kidney failure, and Thrombotic Thrombocytopenic Purpura, TTP, which can also result in severe neurological side effects, including strokes.

Numerous food products are commonly associated with food poisoning outbreaks, as examples, ground beef and salami, unpasteurized milk and juice, and some vegetable products, such as lettuce or spouts. In 2006, for example, there was a large outbreak of E. coli illness from contaminated spinach.

Where there is an outbreak of E. coli illness, there will sometimes be available to the client the option to pursue his case in separate food poisoning litigation or join in a class action against the growers of the contaminated product, or the manufacturer which may have failed to provide appropriate sterility or sanitation controls, and the other distributors and retailers in the chain of commerce. Some food poisoning lawyers only get involved in outbreak cases and don't try individual cases, offering only to process the cases in the class action framework. Other experienced New York food poisoning lawyers are capable of trying individual cases, most concentrating on serious or catastrophic injury cases such as E. coli HUS or TTP litigation, mainly because of the costs associated with properly preparing and presenting the liability evidence, including the cost of expensive scientific and medical expert testimony. As such, experienced New York food poisoning lawyers who are capable of trying the often complex disputed liability case will provide the option to the seriously injured client even in outbreak cases whether to prosecute the case as an individual case or opt-in to a class. In one E. coli HUS case, one of our Law Group food poisoning lawyers devoted an enormous investment of time to his preparation of one E. coli HUS case, including by taking the course in food management, to learn all of the state laws pertaining to restaurant food management, the applicable regulatory framework, and practical applications required to be incorporated by restaurants, and as a highly respected trial lawyer, obtaining certification as a food manager. He engaged highly qualified experts, and obtained one of the largest E. coli settlements ever reported.

Because food poisoning lawsuits are commonly highly complex, where the client has suffered serious illness in particular, he should want to inquire about the credentials of any New York food poisoning lawyer whom he would consider to represent him, including his experience in trying individual serious illness food poisoning cases, and the potential client who suffered illness in an outbreak case may also wish to consider the New York food poisoning attorneys' experience in class action litigation. Our New York food poisoning lawyers will consider representing those who have suffered serious illness as the result of ingesting a contaminated food product throughout the state of New York, from New York City, Manhattan, the Bronx, Brooklyn, Queens and Staten Island, in Albany and Buffalo; our New York food poisoning attorneys will consider cases arising from Mount Vernon and New Rochelle up to Niagara Falls, in Rochester, Schenectady, Syracuse, Utica, White Plains and Yonkers.

Our New York food poisoning lawyers offer free consultations. Simply fill out the "Contact Form" and one of our New York food poisoning attorneys will call you to discuss your case, your illness, the treatment or hospitalization you were required to receive, your diagnoses and prognosis, and we will provide you our initial case evaluation and preliminary recommendations.

Our New York Premises Liability Lawyers will Discuss Serious Injury "Slip and Fall" and "Trip and Fall" Cases in Which it Can be Simple or Complex to Establish Liability. Our New York Premises Liability Attorneys Will Also Describe Why All Serious Injury "Slip and Fall" Cases Are Always Complex in The Presentation of General and Special Economic Damages. Our New York Premises Liability Lawyers Will Consider Representing Those Who Have Been Seriously Injured as the Result of A Property Defect or Failure in Maintenance of Commercial, Residential and Public Property Throughout the State of New York from New York City, Manhattan, the Bronx, Brooklyn, Queens and Staten Island, from Albany and Buffalo to Mount Vernon and New Rochelle to Niagara Falls, from Rochester, Schenectady, Syracuse and Utica to White Plains and Yonkers

New York premises liability attorneys, sometimes referred to as "slip and fall" lawyers or "trip and fall" attorneys prosecute the cases of their clients who have been injured as the result of property defects or failures to maintain residential or commercial property, or city or county property such as sidewalks, in a safe condition. Our New York premises liability lawyers will consider representing those who have suffered serious or catastrophic falls on residential, commercial and public property. Liability in such a case may be a simple as that a grocery store had notice of a banana peal on the floor of its produce section and failed to promptly remove it, or a section of a sidewalk or walkway in a common area of a residential complex that was greater than permitted by law or industry specifications. A stairway may be defective in its design or by analysis of coefficient of friction be found to be dangerous by reason of its being excessively slippery. The entrance to an outside public storage bin may have a rise in elevation that can lead to trips and falls, a design essential to protect the contents of the bin from rain water, but may be defective for failure to incorporate a warning, for example, by a red stripe at the entrance to the bin warning of the danger..

Some premises liability cases, therefore, may be so obvious as to be simple for the "slip and fall lawyer" to prove the landlord's or commercial establishment or the public entity's liability, however, in many of the cases that experienced New York premises liability lawyers will prosecute involve the presentation of the liability evdidence that can be relatively complex. Commonly they require the experienced New York premises liability lawyer to engage appropriately qualified experts to make plain to settlement judges or juries the property defect or failure of the owner of the property to properly maintain the premises, or its failure to warn of the dangers in construction essential to the functionality of the property. However, as simple as it may be for the "slip and fall lawyer" to demonstrate liability in a particular case, ALL serious or catastrophic injury cases are complex, and the experienced New York premises liability trial lawyer must be capable of developing the expert testimony to maximize his client's opportunity to obtain his full measure of general and special economic damages, including his future medical expenses over the course of his life expectancy, requiring the testimony of the essential array of medical experts, a life care planner and forensic economist; and in preparing his seriously injured client's future earnings losses, again the array of medical specialists, a rehabilitation expert to compare the breadth of employment opportunities the client had before the injury and as the opportunities have been limited as the result of the injury, and then again, the forensic economist to arrive at the present value of the client's full measure of work-life earnings losses.

Our serious injury New York premises liability attorneys offer free consultations. Our premises liability lawyers will consider representing those who have been seriously injured in falls on commercial, residential and public property throughout the state of New York, in New York City, Manhattan, the Bronx, Brooklyn, Queens or Staten Island, in Albany, Buffalo and Mount Vernon; our premises liability attorneys will consider those seriously injured in falls from New Rochelle up to Niagara Falls, in Rochester, Schenectady, Syracuse, Utica, White Plains and Yonkers.

You may fill out our "Contact Form" and one of our experienced New York premises liability attorneys will call you to discuss your case, provide our case evaluation and initial recommendations. The potential client who has been seriously injured as the result of a fall should consider the qualifications of any New York premises liability attorney whom he would consider to represent him, including lawyer's experience in prosecuting premises liability cases, and the trial attorney's credentials and experience in prosecuting serious injury cases involving substantial general and special economic damages. We welcome you to inquire about our premises liability attorneys' qualifications and experience.

Our New York Elder Abuse Lawyers Discuss Senior Physical Abuse, Neglect and Abandonment, by Nursing Homes, Convalescent Centers and Retirement Facilities. Our New York Elder Abuse Attorneys Will Also Discuss Senior Financial Abuse. Our Experienced Elder Abuse Lawyers Will Consider Representing Seriously Injured Seniors Throughout the State of New York, from New York City, Manhattan, the Bronx, Brooklyn, Queens or Staten Island, to Albany, Buffalo, Mount Vernon and New Rochelle, from Niagara Falls, Rochester Schenectady Syracuse and Utica to White Plains and Yonkers.

New York elder abuse attorneys will commonly represent our seniors where they have been physically abused or suffered from neglect or abandonment as those terms are defined by the case law, and psychological abuse, most commonly by the employees and staff of retirement homes, elder convalescent centers and nursing homes. New York elder abuse lawyers will also consider representing seniors who have suffered financial abuse, often times again perpetrated by the employees or staff of senior homes and facilities, or by fiduciaries such as lawyers or conservators or stock brokers or con men or telemarketers, and sometimes by overreaching family members.

Elder physical abuse generally involves physical abuse that intentional or willful or malicious, and can include beatings or slapping, or unnecessary physical restraints, or the denial of sustenance, food or liquids. Sometimes senior physical abuse can involve sexual abuse. As our New York elder abuse lawyers would distinguish elder neglect, it is based upon the duty of the retirement or convalescent or nursing home to provide for the physical and psychological welfare of the senior, including by providing for the senior's personal hygiene, his essential or indicated medical and psychological care, and to protect him from safety hazards. The cause of action for elder neglect is based upon the senior facility's failure to fulfill its duties of elder care. Our New York elder abuse lawyers distinguish elder abandonment from elder neglect as involving an aspect of intentionality or willfulness or malice on the part of the employees of the retirement home or convalescent center or nursing home, an intention on their part to deprive the senior of that which may be essential for his physical welfare, such as the medical or psychological care he may require or protection from safety hazards. As our New York elder abuse attorneys define elder psychological abuse generally it involves the intent or willfulness or malice of and employee or staff of the retirement or nursing home or convalescent facility, sometimes manifest in threats intended to intimidate or instill fear in the senior, sometimes capricious and sometimes motivated as retaliation by staff for having to care for aspects of the elder's physical needs. In other elder psychological abuse cases the abuse may be manifest in the senior's isolation and separation from opportunities to interact with others.

It is the unfortunate observation of our New York elder abuse lawyers that senior physical and psychological abuse can go on for years without family being alerted to the abuse, even beatings, unnecessary restraints or other overt physical abuse. Often the senior is embarrassed to discuss it with family or may fear reprisal by the retirement facility or convalescent center or nursing home staff members upon whom the elder relies for everything from his meals to drugs and access to medical care. And so family members are encouraged to visit their seniors residing away from home, and actively inquire of their loved one, look for signs of physical abuse, inquire about bruises, and be suspicious of the facility's staff member who hovers over the senior during visits or appears to be cold or even overly or inappropriately affectionate during visits. Ask about the activities the senior enjoys on a daily basis to assure that he is not being isolated, and look for signs of uncharacteristic depression.

Our New York elder abuse lawyers suggest that the family should also be alert to senior financial abuse, obtaining the senior's permission to review his bank records and investment portfolios and other depositories of his wealth to assure that there are no unanticipated large checks or withdrawals from bank accounts or sales of property stocks or other repositories of the senior's wealth. Sometimes our New York elder abuse lawyers will find that the senior's fiduciaries, such as his conservators and the elder's attorneys may be the perpetrators of financial abuse, as well as stockbrokers. Seniors are also commonly the targets of fly by night con men and telemarketing scams. Financial abuse can involve the theft of valuable personal property, expensive jewelry or cash, and our New York elder abuse attorneys have found such theft not uncommonly perpetrated by employees of retirement homes and nursing homes. It is precisely because the senior may be more susceptible to financial theft and abuse, and often less capable of monitoring his financial affairs, also perhaps less willing to complain about theft at a retirement home or nursing facility while dependent on the staff, that our New York elder abuse lawyers urge that the family must be diligent to remain alert to discover in a timely manner that their senior loved one has been the victim of elder financial abuse. Finally, sometimes elder financial abuse may be perpetrated by family members or friends asserting undue influence, for example to induce the senior to give them property or sell them property for less than its market value, or to change their wills to provide a greater share of the senior's estate to them upon his or her death. Again, our New York elder abuse lawyers urge that family members should consider asking their senior loved one to tell them of such changes and permit them access to the information so that they may regularly check on the senior's financial affairs, and to be alerted to decisions that may lead to changes in the senior's will. Our New York elder abuse attorneys also suggest that the family be alert to the possibility that individual family members or "friends" of their elder loved one may be asserting undue influence over the senior, such as where the senior states that he or she doesn't want to be visited or contacted by other family members, which can often be the tactic of those unduly influencing the elder to preserve the secrecy of the financial abuse.

When the senior or the family is alerted to the financial abuse, our New York elder abuse lawyers suggest that the senior or family consider immediate action to recover the property stolen or money taken by staff of a convalescent center, retirement facility or nursing home, fiduciary or family member, or the sale of real property obtained from the senior by gift or below market sale, or stocks transferred or sold, before the property or funds are dissipated. In considering engaging a New York elder financial abuse lawyer the senior or other family members should consider the attorney's qualifications, including his experience in elder financial abuse cases. The client always has the right to inquire about the qualifications of every attorney whom he would consider to represent him, and should do so.

Our experienced New York elder abuse lawyers will consider representing seniors in throughout the state of New York, from New York City, in Manhattan, the Bronx, Brooklyn, Queens or Staten Island, in Albany, Buffalo and Mount Vernon. Our elder abuse attorneys will consider the cases of victims of physical, psychological and financial abuse from New Rochelle up to Niagara Falls, in Rochester, Schenectady, Syracuse, Utica, White Plains and Yonkers. We welcome you to ask our New York elder abuse attorneys about their qualifications and experience in elder physical abuse, neglect, abandonment, psychological abuse and senior financial abuse cases, and to compare these and other qualifications criteria you may consider important with the qualifications and experience of the other New York elder abuse lawyers whom you would consider to represent you.

If you or a senior family member has been the victim of physical abuse, neglect, abandonment or psychological abuse at a retirement facility, convalescent center or nursing home, or has been the victim of significant financial abuse, our New York elder abuse attorneys welcome you to contact us for a free consultation.

Our New York Auto Accident Lawyers, Medical Malpractice Attorneys, Product Liability Lawyers, Drug Defect Attorneys, Food Poisoning Lawyers, Premises Liability Attorneys and Elder Abuse Lawyers Provide Free Consultations to Seriously Injured Victims of Senior Physical Abuse, Neglect, Abandonment, Psychological Abuse Against Retirement Homes, Convalescent Centers and Nursing Homes, and Those Who Have Suffered Substantial Economic Losses Resulting From Senior Financial Abuse. Our New York Personal Injury Lawyers Will Consider Representing the Seriously Injured Throughout the State of New York, from New York City, Manhattan, the Bronx, Brooklyn, Queens and Staten Island to Albany and Buffalo, Mount Vernon and New Rochelle up to Niagara Falls, Elder Abuse Attorneys for Rochester, Schenectady, Syracuse, Utica, White Plains and Yonkers.


Our serious injury New York auto accident lawyers, motorcycle and big rig truck accident attorneys, medical malpractice lawyers, product liability and pharmaceutical defect attorneys, premises liability lawyers and elder abuse attorneys offer free consultations. Simply fill out the "Contact" form and one of our appropriately qualified and experienced trial lawyers will contact you to discuss the facts of your case and the injuries and general and special economic damages you sustained, and provide a case evaluation. Our personal injury lawyers with experience in prosecuting serious injury auto accident or medical malpractice, product liability, drug defect, food poisoning, premises liability or elder abuse litigation will also offer our initial recommendations. There is no charge or obligation at all for our initial consultation. We are here to serve you. Our New York personal injury lawyers, experienced in all the above practice areas, from big rig truck accidents to elder abuse cases will consider representing those seriously injured throughout the state of New York, from New York City in Manhattan, the Bronx, Brooklyn, Queens and Staten Island, in Albany, Buffalo, Mount Vernon and New Rochelle up to Niagara Falls, in Rochester, Schenectady, Syracuse, Utica, White Plains and Yonkers.

While some cases involve liability which may be simple, such as the auto accident case in which the other driver ran a red light, or a medical malpractice case in which the surgeon closed after surgery leaving a surgical implement behind, ALL cases involving serious or catastrophic injuries are complex, recommending highly qualified trial lawyers experienced in preparing and presenting the simple or complex evidence of the defendant's liability and sophisticated in the presentation of the client's general damages and special economic damages, including the future medical expenses the client will likely incur over the course of his remaining life expectancy and the earnings losses he will likely sustain over his remaining work-life expectancy. In choosing the auto or motorcycle or big rig truck accident lawyer to represent you, or the product liability attorney or medical malpractice lawyer or food poisoning attorney, or premises liability lawyer or elder abuse attorney to represent you, you should not base your decision on lawyer advertising, but should inquire of all attorneys whom you would consider to represent you about their qualifications and trial lawyer experience among any other factors that you would consider important in an attorney for your case. Every lawyer should recognize your right to inquire about his credentials and experience, and our Law Group attorneys welcome you to do so.

If you or a loved one was injured or suffered economic losses by reason of elder physical abuse, neglect, abandonment, psychological abuse or financial abuse in New York state, you are welcomed to contact our New York elder abuse lawyers for a free case consultation. Simply fill out the Elder Abuse Lawyers Contact Form, and one of our appropriately qualified and experienced elder abuse lawyers will contact you to review the facts of your case, provide our case evaluation, and offer our initial recommendations.

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*Pharmaceutical Product Liability Jury Verdicts and Settlements:

$2.5 million dollar settlement in a contested liability motorcycle accident case in which the motorcyclist suffered a below the knee amputation. The motorcyclist pulled out from between two left turn lanes, splitting lanes, presenting a difficult liability case. The driver of the car that hit him also had a minimum $15,000/$30,000 auto liability insurance policy raising the "collectability" problem. Law Group attorney Henke was able to overcome the liability contest, to the satisfaction of the settlement judge, as the result of his deposition interrogation of the investigating law enforcement officer who ultimately agreed that the motorcyclist's having split lanes between the two left turning cars was not a competent cause of the accident. And the Law Group serious injury auto accident lawyer was also able to overcome the "collectability" problem after discovering through his investigation that the other motorist was carrying tools in his car trunk essential to his work, permitting the Law Group auto accident lawyer to sue also the motorist's employer, given this evidence that at the time of the accident the motorist was operating his vehicle "in the course and scope of his employment."

$2.7 million dollar jury verdict. Medical malpractice, drug product and medical fraud case. Pharmaceutical product liability attorney Henke represented 5 plaintiffs in a consolidated four month trial in which the jury found the defendants liable on multiple causes of action, from medical and hospital negligence to fraud and conspiracy to defraud the plaintiffs with dangerous and ineffective FDA approved and unapproved drugs. The Law Group lawyer designated highly distinguished scientists, epidemiologists and AIDS physicians to testify for the plaintiffs in the case, including Luc Montagnier, the head of France's National AIDS Laboratories who discovered HIV; Michael Gotlieb, co-founder of AMFAR, the astute physician who discovered AIDS, Don Francis, head CDC AIDS Task force who first discovered the causes of AIDS, Roger Detels, the senior investigator on largest epidemiological study on AIDS drugs and their efficacy, John Curnutte, senior investigator on the largest AIDS vaccine study, Peter Wolfe, Member of the Scientific Advisory Committee to the American Foundation for AIDS Research. He conceived the "test" litigation to rectify the epidemic of AIDS drug fraud that followed upon the AIDS epidemic by suing also hospitals with the strategy that if punitive damages could be obtained against the hospitals that tolerated AIDS physicians who used on their patients ineffective AIDS drugs that hospitals across the nation would recognize the danger of failing to revoke the staff privileges of physicians who practiced AIDS drug fraud. The jury found the hospital liable both for negligence and conspiracy to defraud, and awarded 1.6 million dollars in punitive damages against the hospital. The case was chronicled in most of the most legitimate newspapers in the United States, from the front page of the New York Times to the front page of the Los Angeles Times, from the Washington Post to the San Francisco Chronicle and Examiner, in legal journals, including the National Law Journal, and on national television, including Tom Brokaw's NBC Evening News and CNN . Pharmaceutical product liability attorney, Henke, also testified before Congress with regard to these cases and the need to rein in AIDS drug fruad, at the invitation of the Chairman of the Judiciary Committee of the United States House of Representatives.

$3.8 million dollar gross jury verdict in medical malpractice case involving failure to diagnose atrial myxoma. The experts called by medical malpractice lawyer, Henke, testified that other cardiac entities should have been considered in the physicians' differential diagnoses which should in turn have led to tests, including an echocardiogram which would have led to the appropriate diagnosis and averted the plaintiff's stroke.

$1.5 million dollar settlement in a pharmaceutical product liability birth injury case. The case involved an experimental drug which the manufacturer sought to test for its efficacy as a sedative, employing over 1000 physicians nationwide. One of our Group pharmaceutical product liability lawyers, Henke, obtained from another, Pennsylvania Law Group drug product lawyer the list of the physicians when 3 of his clients in the same Northern California city had similar limb defects characteristic of the teratogenic drug. The cases, including the above referenced case were brought against the drug manufacturer. The physician no longer had the clients' medical records. The clients mothers recalled receiving a sedative during pregnancy but did not recall the name of the drug. However, pharmaceutical product liability attorney, Henke, developed expert testimony that the limb defects were characteristic of limb defects caused by the suspect drug which combined with the evidence that the common obstetrician had access to the teratogenic sedative was deemed sufficient for the manufacturer to resolve the above referenced case out of court for substantial settlements. The settlements were achieved despite that the mothers exposure to the drug and the births occurred more than 30 years prior to the case being filed, leading the manufacturer and physician to file demurrers and motions for summary judgment asserting the statute of limitations defense. Pharmaceutical product liability lawyer, Henke, responded to the motions with the contention that the manufacturer had sought to obscure that it had supplied the notorious drug to physicians in the United States, and that the physician intentionally concealed from the mothers that the drug might have been the cause of their babies birth defects. The court ruled in favor of the plaintiffs on the motions, and the settlements were achieved shortly thereafter..

Amount of settlement sealed by the Court. Law Group food poisoning lawyer, Nick Allis, settled a Food poisoning E. coli case resulting in Hemolytic Uremic Syndrome, HUS on the eve of trial. The case resulted in one of the largest E.coli settlements or verdicts ever reported in the United States. Most recently our Law Group pharmaceutical product liability lawyers have settled many Vioxx cases in the context of the Vioxx Class Action. In many of our cases we filed appeals of settlement awards granted by the settlement administrators, gaining superior settlement awards upon the appeals.

*The results obtained in the cases listed were dependent upon the facts of the cases, and the results will differ in other cases based on different facts

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Driving Under the Influence of Cell Conversation Results in DUI Level Driving Impairment And a 4 fold Increased Likelihood that the Driver will Cause an Accident.

Read the Henke Law Group Scientific Review Article. As Auto Accident Lawyers Knowledgeable About the Scientific Evidence, We Can Investigate to Establish That The Other Driver Was On His Cell Phone, and The Evidence Can Often Make the Difference in a Contested Liability Case.

In Serious Accident Cases, Where Our Auto Accient Lawyers Can Establish That the Motorist Was Engaged in a Business Call, Our Accident Attorneys Can Bring the Motorist's Employer in as a Defendant and Recover Against the Employer's Assets and Insurance Coverage.

Our auto accident attorneys have reviewed all the epidemiology and controlled experimental literature on the effect of cell phone conversation to impair driver attention. Driving under the influence of cell conversation results in DUI level driving impairment and renders the motorist four times more likely to cause an accident. Contrary to popular belief, it is not "holding" the cell phone which results in the impairment. It is the diversion of conscious attention to the internal-cognitive tasks associated with the give and take of the cell conversation away from the external-visual tasks essential for safe driving. Indeed, it does not matter whether the motorist uses a handheld or hands-free cell phone, the impairment is the same, and the 4 fold increased likelihood that the motorist will cause an accident is precisely the same. Yes, a number of other states have enacted "handheld cell phone" laws; unfortunately that is just a function of politics. The scientists are not in dispute. All agree that driving under the influence of cell phone conversation, regardless of the device used, results in the identical DUI level driving impairment and increased likelihood that the driver will cause an accident.

It is important that the auto accident lawyer obtain the cell phone records of the other driver in every "contested liability case," and especially in any serious injury auto accident litigation in which it appears that the other driver lacks sufficient insurance coverage to fully compensate the plaintiff for his injuries and full measure of his damages. In the contested liability case, the evidence of the other party's cell phone use in the moments prior to the accident may snatch victory from the mouth of defeat. In the most common serious injury auto accident case in which the motorist lacks sufficient insurance to fully compensate the bicyclist for his injuries and damages, it is essential that the auto accident attorney obtain the cell phone records of the motorist and conduct the appropriate depositions to determine whether the other driver was engaged in a business call in the moments leading up to the bicycle accident. If he was, then the knowledgeable auto accident lawyer can bring the employer into the litigation as a defendant, "vicariously liable" for the injuries caused by its employee in the "course and scope of his employment." In this way the bicycle accident lawyer may assure that his client will be fully compensated up to the limits of the employers insurance policy, and indeed, the employer's assets would be available to execute against.

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The Law Group - An Affiliation of Trial Lawyers in Most States of the United States, including New York, Serving Clients Seriously Injured in Auto Accidents, Motorcycle and Big Rig Truck Accidents, in Medical Malpractice, Product Liability and Pharmaceutical Defect Cases And in Food Poisoning Litigation, Premises Liability and Elder Abuse Case. Our New York Lawyers Will Consider Representing Potential Clients Seriously Injured in New York City, Manhattan, the Bronx, Brooklyn, Queens and Staten Island; in Albany, Buffalo, Mount Vernon, New Rochelle, Niagara Falls, Rochester, Schenectady, Syracuse, Utica, White Plains and Yonkers


Our Law Group was first conceived in the 1990's when Attorney Henke was serving as a Governor of the 5th largest trial lawyer association in the United States and regularly meeting with the officers and Governors of most of the state trial lawyers associations, including to develop strategies to defeat insurance industry efforts to obtain "tort reform laws" -- laws that would have significantly curtailed the rights of the injured to be fully compensated, for example "caps" on general damages. Many of us came to gain high regard for the professionalism of the other trial lawyers from across the county. And where it was common that we would be contacted by potential clients from other states we would often recomment or refer the potential clients to lawyers in our loosely affiliated group or other attorneys who we considered best situated or qualified to consider the cases. In personal injury litigation where a particular lawyer already had a "leg up" on a particular type of case, for example, an auto defect case, with his experts already developed, we might recommend that the potential client might save substantial litigation costs or otherwise be best served by the other trial attorney. We also will sometimes cooperate with another of our serious injury trial lawyers, either in sharing documents and other evidence developed in previous cases against the same defendant, as in product liability cases, or sometimes by helping to identify and prepare an expert for another Group lawyer in another state. This is the way our informal affiliation of lawyers grew with experienced trial lawyers in most of the states. Our New York personal injury trial lawyers will consider representing potential clients who have suffered serious or catastrophic injuries as the result of auto, big rig truck, or motorcycle accidents, medical negligence, a defective product, food poisoning, premises defects or failures in maintenance of premises, and elder abuse throughout the state of New York, from New York City, Manhattan, the Bronx, Brooklyn, Queens and Staten Island to Albany, Buffalo, Mount Vernon, New Rochelle, Niagara Falls, Rochester, Schenectady, Syracuse, Utica, White Plains and Yonkers.

It is every potential litigant's right to be informed of the credentials of any lawyer whom he would consider to represent him. Decisions with regard to the best lawyer for you should not be made on the basis of attorney advertisements. Rather such decisions should be made on the basis of a comparison of the credentials of the lawyers whom the potential client would consider to represent him. Our Law Group attorneys provide free consultations and we welcome your inquiries with regard to our credentials.

It is beyond the scope of this web site and web page to attempt to do justice to the credentials of all of our Law Group lawyers, and so on the web site subject matter pages and here we have limited our discussion of specific credentials to those of Group attorney Henke, as was most convenient, given that he is the author of most of the practice areas pages, which we hope will provide greater information with regard to the sophisticated trial strategy that qualified and experienced lawyers bring to the prosecution of the broad description of cases discussed.. In addition, because it would be beyond the scope of our page limits to discuss the significant trial victories and settlements of all our group members, in the left column of this page it is discussed only the jury verdicts of this one Group lawyer, except that, given that he doesn't practice food poisoning law, a recent E. coli HUS case and settlement obtained by another of the Group members, Nick Allis is discussed. The cases cited are furthermore intended to describe the type of trial advocacy that can be brought to bare in the various auto, medical malpractice, drug product liability and food poisoning cases described, not to stress the amounts of the settlements and jury verdicts, because as noted in the left column, the damages recovered in any particular case are dependent upon the facts of each case, including the nature and extent of the client's injury, and his general and special economic damages.

So that the reader may consider some of the types of credentials that may have in determining a lawyer's suitability for a particular case, from lawyer directory legal ability and ethics ratings to elected office in state trial lawyers associations, awards and recognition by his peers, such as trial lawyer awards, education and training, and experience in the particular practice areas, such as big rig truck accident cases or medical malpractice or phamaceutical product liability or food poisoning or premises liability or elder abuse litigation, as examples; or articles published on specific legal subject matter, or experience serving as class action lawyers as might pertinent in some cases, or examples of the attorney's appellate advocacy, we provide the specific credentials of attorney Henke, however only by way of example of one Group member's qualifications. By providing his credentials he does not claim that his credentials are superior to those of any other Group lawyer or any other attorney in any other state. He will not accept cases outside the state of California, and will only appear as trial counsel in another state at the request of an attorney in the other state, where the attorney requests that he serve as trial counsel, and only where the trial court judge in the out of state litigation consents to his appearance as trial counsel pro hac vice. His credentials, however, might serve the purpose sought to be acheived here, only to suggest what might be some of the questions that any prospective client may want to ask the lawyers whom he would consider to represent him, along with other questions that the prospective client deems important, in selecting the attorney best qualified and experienced to prosecute his or her potential litigation.

For example, the first of attorney Henke's credentials discussed below is his Martindale & Hubbell rating. And indeed, often as lawyers consider recommending or referring clients to lawyers in other states they will commonly consult the lawyers' Martindale & Hubbell "legal ability" and "ethical standards" ratings. Martindale & Hubbell is the most respected attorney rating directory in the United States. The ratings are most commonly based upon interviews with Judges before whom the lawyer has appeared and interviews with other prominent lawyers in the attorney's community.

Law Group attorney, Henke and his law firm are "AV" rated by Martindale and Hubbell, the highest lawyer legal ability rating ("A") and highest attorney ethical standards rating ("V") awarded by the most highly respected lawyer ranking directory in the United States. The "A" is defined by Martindalee & Hubbell to mean "very high to preeminent" in "legal ability" and the "V" is defined to mean "very high" in "general ethical standards". According to Martindale & Hubbell: "AV Peer Review Rating shows that a lawyer has reached the height of professional excellence. He or she has usually practiced law for many years, and is recognized for the highest levels of skill and integrity." Martindale & Hubbell also assigns numerical ratings, from 1.0 to 5.0, with 4.5 to 5.0 satisfying the criteria for an "AV" rating. Henke's numerical rating is 5.0.

He is recognized as one of the "Top Lawyers in America," a member of the Million Dollar Advocates Forum, commonly referred to as "the most prestigious group of trial lawyers in the United States."

He is a former Governor of LATLA, the 5th Largest Trial Lawyer Association in the United States, elected and reelected to the position, year after year, by LATLA's large trial lawyer membership.

He was nominated by LATLA for the coveted and prestigious "Trial Lawyer of the Year" Award. He was also given its President's Award, and was given the privilege to serve as the Editor-in-Chief of the Association's Law Journal, "The Advocate.".

His cases, trial work and victories in "test" litigation, including medical and drug litigation have been the subject of substantial legal commentary in respected state and national legal journals from the National Law Journal to the California Lawyer.

His cases and trial work have also been the subject of substantial legitimate news coverage from front page articles in the New York Times and Los Angeles Times, from the Washington Post to the San Francisco Chronicle and Examiner. He has appeared to discuss his cases on national legitimate television news, Tom Brokaw's Evening News, CNN; his cases, trial strategies and successes have also been described in 2 books.

He has also testified before Congress at the invitation of the Chairman of the Judiciary Committe of the United States House of Representatives specifically with regard to his successful prosecution of certain medical and drug "test" cases, and his contention that punitive damages are an important tool in assuring that drugs are safe and that health care providers, including physicians and hospitals adhere to the medical standards of care.

He has also published over 30 legal articles in professional journals from "Trial" the Journal of the American Trial Lawyers Association, "The Forum," the Journal of the California Trial Lawyers Association, Consumer Attorneys Association of California, and the "Advocate," the Journal of the Los Angeles Trial Lawyers Association, Consumer Attorneys Association of Los Angeles, including , "Mandatory Class Action," Trial Magazine, ATLA; Henke with Professor Dean Neubauer, "Medical Malpractice Legislation," Trial Magazine, ATLA, "Negligence Per Se and Drug Product Liability Cases," Advocate, LATLA; "Statute of Limitations/Delayed Discovery Rule in Drug Product Liability Litigation," Advocate, LATLA, "Amending the Complaint at Trial to Add Punitive Damages, "Advocate," LATLA; Henke with Inner Circle Member James Butler, "The Right of Counsel to Speak to Press on Pending Civil Litigation: First Amendment Protections Reaffirmed," Forum, CTLA; "Falsification of Medical Records: How to Establish it and how best to handle it," Advocate, LATLA; "Medical Malpractice, Overcoming Common Defenses in Uncommon Medical Malpractice Cases," Forum CTLA; "Children’s Rights v. Government Claims Provisions," Advocate, LATLA; "Statistics," Advocate, LATLA; "Defendant's Counsel's Sub-rosa Interview with Plaintiff's Treating Physicians," Advocate, LATLA; "Special Defenses, "Advocate, LATLA; "Framing Economic Damages," Advocate, LATLA; "Character Evidence and the Ostensible Secondary Purpose, " Advocate, LATLA; "Legislation," Advocate, LALTA; "Proving Economic Damages of Undocumented Aliens, " Advocate, LATLA; "Initiative Checklist," Advocate, LATLA; "Selecting the Medical Negligence Case," Advocate, LATLA; "The Reasonable Suspicion Standard in Drug Product Liability Cases," Advocate, LATLA; "Use of Rebuttal Expert Testimony at Trial,"Advocate, LATLA; "Proving Negligent Failure to Diagnose a Rare Disease," Advocate, LATLA; "Breach of the Physicians Obligations of Confidentiality," Advocate, LATLA; "Taking Expert Depositions," Advocate, LATLA; "Jury Selection," Advocate, LATLA; "Epidemiology and Applied Statistics," Advocate, LATLA; "Recovery for Increased Susceptibility for Future Medical Disease," Advocate, LATLA; "Strict Liability," Advocate, LATLA; "Contention Interrogatories," Advocate, LATLA; "Ex Parte Interviews with Plaintiff's Treating Physicians," Advocate, LATLA; "The High Cost of Forum Depositions," Advocate, LATLA. Full Bibliography Available Upon Request.

He has also obtained extraordinary published state and federal appellate results, including in sophisticated medical and pharmaceutical product liability litiagtion effecting lasting, significant changes in the law favorable to his clients and other plaintiff litigants. An attorney's experience in appellate advocacy is not only useful on appeals, but may be important in some cases to overturn on an extraordiany writ before or during trial a bad ruling of the trial judge that guts the case or deprives the client of an element of his damages. To take one example, in the context of pre-trial motions a Judge struck the clients' punitive damage claims, relying of newly enacted tort reform legislation requiring that the claim not be stated in the original complaint, as Henke had, prior to enactment of the law, but by ammendment to the complaint based upon evidence of the validity of the punitive damage claim. Henke obtained a stay of the trial to take an extraordiany writ to the appellate court, obtaining an immediate decision from the Court of Appeals ordering the trial court to reinstate the clients' punitive damage claims. To take another example, after more than 1000 federal cases involving children who had suffered serious birth defects were assigned by the federal Judicial Panel on Multi-District Litigation to a federal Judge sitting in the United States Disctrict Court for the Southern District of Ohio, the District Court Judge in Ohio certified a "mandatory class action" binding together the 1000 birth defect cases assigned to his court and all other birth defect cases involving the drug filed nationwide, including in the state courts. The Plaintiffs' Lead Counsel Committee and the attorneys for the drug manufacturer then settled the class litigation involving the thousands of children born with birth defects for $120,000,000. The federal District Court Judge then issued an order approving the settlement. Group attorney Henke and his other firm members considered the settlement to be woefully inadequate to compensate the many thousands of children with serious birth defects for even a fraction of the measure of their injuries and damages, and so Henke filed a petition for writ of mandamus in the United States Court of Appeals for the Sixth Circuit challenging the District Court's certification of the mandatory class action and settlement. The pharmaceutical product liability lawyers in Henke's office had over 40 cases involving exposure to the drug, most of them involving children born with severe limb defects, and had developed an extensive list of experts fully prepared to testify in the individual pharmaceutical product liability trials against the manufacturer. Attorney Henke's petition for writ of mandamus to the federal appellate court was successful in overturning the class certification and class settlement. Henke had argued that "mandatory class action" offended the individual client's right to the attorney of his choosing, and control over his individual litigation, with the sole exception that mandatory class action might be justified in the rare instance where the defendant had a demonstrated limited fund of assets and insurance insufficient to pay all claims brought against it, proof that the manufacturer in this case clearly could not and had not substantiated. The United States Court of Appeals adopted Henke's arguments, rendering a landmark decision severely restricting the availability of mandatory class actions, with the sole exception mentioned above. The decision altered the law of class action in an enduring way, and now almost all class actions are framed as "voluntary class actions" where the plaintiff has the opportunity to opt out, choose his own attorney to represent him and pursue his individual litigation independently if he so chooses. The case indeed applies to all class actions, rendering mandatory class action essentially unavailable except in very rare class litigation.

Mr. Henke received his Juris Doctorate degree from the University of San Francisco, served on the USF Law Review, received the American Jurisprudence Award for Civil Procedure, and interned at the United States Court of Appeals for the Ninth Circuit while in Law School.

Martindale & Hubbell ratings, elected offices in trial lawyers associations, awards and honors from professional organizations, recognition in professional journals, publications in trial lawyer journals, significant appellate victories, and experience preparing and presenting to settlement judges and juries cases in the legal subject area of the potential client's case, as well as the relevant settlements and jury verdicts the lawyer has obtained as the lead trial attorney, are all credentials that a potential client may wish to consider in comparing the qualifications of the lawyers whom he would consider to represent him, among such other qualifications as the client deems important in the lawyer who will represent him. We strongly recommend that decisions with regard to the choice of a lawyer be made on the basis of legal qualifications, and we welcome all prospective clients to inquire about our Group lawyers' qualifications.


Our New York Personal Injury Lawyers Provide the Following Attorney Disclaimers For All States of the United States, Including The State of New York.

Please read the full Terms and conditions on our Required Legal Notices page. The following is a synopsis:

Please understand that this New York Personal Injury Lawyers page, and all other pages on this site are provided for informational purposes only, describing our practice areas. The content of the pages, including this page, are not intended as legal advice and should not be interpreted as legal advice; and in particular the content should not be interpreted as legal advice as to the potential merits or viability your particular case or any particular case.

Our personal injury lawyers provide free consultations to those who contact us, but again, you must understand that if we are unable to accept your case, that will be merely a function of our law firm specific intake guidelines and should not be interpreted as a conclusion on our part that your case lacks merit or that it is not viable litigation. Furthermore, please understand that merely reviewing this site, this web page or any of the other pages of this site, or submitting a case evaluation request, or speaking with Mr. Henke or another attorney does not and cannot create an attorney-client relationship with Mr. Henke or his law office. The only way that an attorney-client relationship can be created with Mr. Henke or his law firm is by a written attorney-client retainer agreement signed both by the client and Mr. Henke. If a case does not fall within our office guidelines or if it arises in another state, we may recommend or refer you to another lawyer, but please understand also that our recommending or referring you to another lawyer does not create an attorney-client relationship with Mr. Henke or his law firm. Nor do we ever undertake to supervise any litigation undertaken by any other lawyers, including attonreys or law firms to which we may recommend or refer a client.

It is the intent of our Group personal injury lawyers in framing this page, and the content of this Serious Injury Attorneys web site, to comply with all laws and attorney ethical rules in all states in which such rules exist, including those governing lawyers New York. Specific Rules applicable in particular states are set forth below and on the Required Legal Notices Page of this web site, which we invite you to consider, and incorporate on this web page.

By virtue of the characteristics of Internet communication of lawyer advertisements generally, including by the ability of persons to view the advertisement beyond state borders, and indeed worldwide, the following notices are provided for all states of the United States. The state laws and state bar rules and other laws governing Internet communication generally and lawyer advertisements in particular are constantly changing. Our attorneys at the Law Group, and Mr. Henke, have made an effort on this general informational web page and on the Required Legal Notices page to comply with all the applicable state laws, state bar rules and other rules governing lawyers and attorneys in anticipation that this lawyer advertisement might be viewed by citizens of any state of the United States including New York. This attorney advertisement is not intended for those whose potential cases do not have a nexus with the state of California, e.g., by virtue the cause of action arising in the state or a defendant's incorporation in the state or the location of its principal place of business in the state

The following are particular admonitions intended to comply with the laws and rules of the identified states:

Alabama: No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.

Colorado: Colorado does not certify attorneys as specialists in any field.

Florida: The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience.

Iowa: The determination of the need for legal services and the choice of a lawyer are extremely important decisions and should not be based solely upon advertisements or self-proclaimed expertise. This disclosure is required by rule of the Supreme Court of Iowa. NOTICE TO THE PUBLIC: Memberships and offices in legal fraternities and legal societies, technical and professional licenses, and memberships in scientific, technical and professional associations and societies of law or field of practice do not mean that a lawyer is a specialist or expert in a field of law, nor do they mean that such a lawyer is necessarily any more expert or competent than any other lawyer. All potential clients are urged to make their own independent investigation and evaluation of any lawyer being considered. This notice is required by rule of the Supreme Court of Iowa.

Kentucky and Oregon: THIS IS AN ADVERTISEMENT.

Mississippi: The Mississippi Supreme Court advises that a decision on legal services is important and should not be based solely on advertisements.

Missouri: Neither the Supreme Court of Missouri nor the Missouri Bar reviews or approves certifying organizations or specialist designations.

Nevada: The State Bar of Nevada does not certify any lawyer as a specialist or expert.

New Mexico: LAWYER ADVERTISEMENT.

Tennessee: None of the attorneys in this firm are certified as a Civil Trial, Criminal Trial, Business Bankruptcy, Consumer Bankruptcy, Creditor's Rights, Medical Malpractice, Legal Malpractice, Accounting Malpractice, Estate Planning or Elder Law specialist by the Tennessee Commission on Continuing Legal Education and Specialization. Certification as a specialist in all other listed areas is not currently available in Tennessee.

Texas: Unless otherwise stated, Henke Law Office attorneys claiming certification in an area of law are not certified by the Texas Board of Legal Specialization.

Wyoming: The Wyoming State Bar does not certify any lawyer as a specialist or expert. Anyone considering a lawyer should independently investigate the lawyer's credentials and ability, and not rely upon advertisements or self-proclaimed expertise.

For all those states which consider informational lawyer web pages to be advertisements, please take notice, this web site and web page is an advertisement. Our lawyers consider the foregoing disclaimers to be good for all to consider, including that decisions with regard to your choice of lawyer should not be made based on the content of attorney advertisements, and the disclaimers in this section and on the Required Legal Notices page should be considered by those seeking counsel in all states: The determination of the need for legal services and the choice of a lawyer are extremely important decisions and should not be based solely upon attorney advertisements or self-proclaimed expertise. The lawyers of the Law Group and Henke Law Office state: “Before you decide on an attorney to represent you, to the extent that you may consider this office, please ask us to send you free written information about our qualifications and experience.” We do not hold ourselves out to be specialists in states which certify specialists. All potential clients are urged to make their own independent investigation and evaluation of any lawyer being considered.

This web site and the instant page are not intended for the purpose of soliciting any prospective clients residing in the States of Alaska Alabama Arkansas Arizona California Colorado Connecticut Delaware Florida Georgia Hawaii Idaho Illinois Indiana Kansas Kentucky Louisiana Massachusetts Maryland Maine Michigan Minnesota Missouri Montana North Carolina North Dakota Nebraska New Hampshire New Jersey New Mexico Nevada New York Ohio Oklahoma Oregon Pennsylvania Rhode Island South Dakota Tennessee Texas Utah Virginia Vermont Washington Wisconsin West Virginia and Wyoming for the commencement of any civil action in any of the above states. If attorney Henke were to file a civil lawsuit in any of the above states, he would do so in association with an attorney who was a member of the Bar of the state, who would serve as the local attorney in the litigation, only on the request of said local attorney, and only with the permission of the state court for Henke to appear as the attorney for the client pro hac vice. We do not solicit clients in any such state; although we do offer our services as lawyers to attorneys in these other states who consider that they might benefit from our expertise.