Practice Areas
Rutberg and Associates - Areas of Expertise
At Rutberg & Associates, our personal injury attorneys are prepared to handle every type of accident and injury, from motor vehicle accidents to collapsed buildings; from broken bones to the most complex brain injury cases. The following represents some of the cases we handle.
Boating Accidents
Brain Injuries
Construction Accidents
Defective Playgrounds
Food Poisoning
Injuries Caused by Dangerous Animals
Injuries from Defective Products
Medical Malpractice
Motor Vehicle Accidents
Negligent Supervision of Children
Nursing Home Negligence
Falling Objects
Fires, Explosions, Chemical Burns
Defective Highways
Premises Liability/Slips and Falls
Wrongful Death
Other Injuries
Vioxx®
Zyprexa®
Boat Accidents
The most recent report from the U.S. Coast Guard reported over 12 million recreational boating accidents in 2002. The number of boating fatalities increased from the previous year, reaching 750 with 4,062 injuries. Federal regulations require a boat accident be reported under four circumstances:
· Someone dies
· Resulting injuries require medical attention beyond first aid
· Damage to the vessel or other property exceeds $2,000, or the vessel is lost
· A person disappears from the vessel under circumstances that indicate death or injury
The majority of boat accidents occur because of inexperienced, inattentive operators, excessive speed, and generally careless operation. If you or a loved one has been injured in a boat accident as the result of the negligence of others, you need a qualified boat accident lawyer to fight for the compensation you deserve.
At Rutberg & Associates, we work hard on the behalf of those injured by the negligence of others. We are experienced in boat accident cases, and we will help you receive just compensation. Contact our office in Poughkeepsie, New York or Monticello, New York to discuss your options. Our personal injury lawyers in Poughkeepsie and Monticello, New York handle cases throughout the Hudson Valley, the Catskill region, the Albany area, and upstate New York.
Brain Injury
At Rutberg and Associates, our brain injury lawyers near Pougkeepsie are here to help. Over one million brain injuries occur each year in the United States. Brain injuries often leave victims in varying states of debilitation, which can be devastating to the victim and their families. The emotional pain is unbearable, as it is not uncommon for a brain injury to put victims in a coma or even cause death. The complex and often lengthy recovery process can lead to incredible medical expenses.
When a brain injury is caused by negligence, our brain injury lawyers in Poughkeepsie, New York, as well as in Monticello will help you recover damages for medical costs, pain and suffering, property damage, and loss of wages. Family members may also be entitled to compensation.
Brain Injury lawyers require specific medical expertise to properly handle cases. Through education and experience in the field, our brain injury lawyers Poughkeepsie, New York as well as in the Catskills, know how to win brain injury cases, and we are able help brain injury victims all over the state of New York. Contact us today to discuss your options with our experienced brain injury attorneys.
Construction Accidents Near Poughkeepsie and New York State
Turn to our team of talented personal injury lawyers in Poughkeepsie and Monticello for representation for construction accidents in New York. Construction sites inherently present a number of hazards, such as crane accidents, electric shock, collisions, scaffolding accidents, welding accidents, fires and explosions, falls from heights, and falling objects. To prevent personal injury to workers, employers, contractors and construction site owners are expected to maintain a certain level of safety. When workers are injured in construction accidents and their work environment is deemed unsafe, the law states that they are entitled to compensation.
The personal injury lawyers at Rutberg & Associates have a long tradition of protecting the rights of those injured in construction accidents near Poughkeepsie and in New York State. We possess expertise in construction safety and labor laws protecting construction workers. We have won large settlements and trial verdicts for clients injured by unsafe working conditions and the carelessness of others at construction sites. If you or a loved one has been injured in a construction accident, our experienced personal injury lawyers in Poughkeepsie and Monticello, New York who will do everything possible to make sure you are compensated. Contact our New York firm today to discuss your case.
While most injuries from falling objects occur at construction sites, our firm has seen a dramatic increase in the number of injuries in superstores where products must be removed from overhead shelves. If you have been seriously injured by a falling object in a retail store or other environment, the proprietor of the establishment should be held responsible for providing compensation for your injuries. Contact our personal injury lawyers in Poughkeepsie or Monticello, New York to discuss your legal options today. We handle cases throughout upstate New York, the Hudson Valley, the Catskill region, Albany, and Westchester.
Defective Playgrounds
All too often, children are hurt at playgrounds, areas we expect to be fun and safe. Similar to dangerous grounds and places of business, injuries resulting from unsafe playgrounds fall under the area of law known as Premises Liability. Playgrounds are required to meet a certain standards to ensure the safety of our children, including a satisfactory level of supervision, equipment quality and condition, and proper fall surfaces.
Thousands of children every year are seriously inured at unsafe playgrounds. Our firm's personal injury lawyers in Poughkeepsie, New York, has handled many successful claims for injured children. By successful, we are not talking simply about receiving compensation for injuries, medical costs and other losses. We are talking about forcing the responsible parties to repair and maintain their playgrounds so our children have a safe place to play. If a child is hurt at a playground through no one's fault, there is no case. Injury claims occur when those responsible for repairs and maintenance of playgrounds don't do their jobs. By filing an injury claim, you will help assure that playgrounds are safer for our children. Please contact our firm to discuss your claim. Our personal injury lawyers in Poughkeepsie and Monticello, New York, look forward to helping you and your child.
Food Poisoning
Another specialty of our firm's personal injury lawyers is food poisoning. In December 2003, a study by the Center for Disease Control reported that food poisoning causes 76 million illnesses and 5,200 deaths every year in the United States. The estimated financial cost of these illnesses is unknown, but the medical cost and lost wages for salmonellosis alone is estimated at nearly $1 billion per year.
There are over 250 food borne illnesses. The most common include E. coli O157, salmonella, hepatitis
A, and listeria. Each of these can be contracted through the consumption of contaminated food or
beverages from restaurants or grocery stores. The first indications that you've been infected are
nausea and abdominal cramps, usually followed by vomiting and diarrhea. Anyone can be a victim of
food poisoning, but children and the elderly are most vulnerable to severe illness.
Food poisoning generally results from the negligent handling or negligent preparation of foods. It
occurs most often in restaurants, but the improper handling of foods in bulk processing environments,
such as production lines and supermarkets, is also a common source of food poisoning. In many instances,
it can be difficult to discover where the victim was infected, and equally difficult to prove the
guilty establishment was responsible.
The many facets of food poisoning make it a complicated subject in litigation, requiring thorough
investigation, detailed scientific analysis and effective presentation in court. At Rutberg & Associates,
our experienced team of personal injury lawyers in Poughkeepsie and Monticello fights hard on behalf
of food poisoning victims. We work hard to see that you receive the compensation you deserve.
Injuries Caused by DangerousAnimals
American hospitals treat over 1,000 dog bite victims every day. An average of 5 million people are injured each year in the United States, with damages exceeding $1 billion. While adults are also attacked, children are the most likely victims of injuries caused by dangerous animals. Dogs and other wild animals often attack the face, which causes even more devastating injuries.
In many cases, dangerous animal attacks occur without provocation by the victim. It is an animal owner's responsibility to ensure that his or her pet or livestock is properly restrained and will not cause harm. There are several situations where the animal's owner is responsible for compensating victims after an attack. For example, if someone violates a leash law, acts negligently, or keeps a vicious dog, they will be held responsible if an attack occurs.
If you have been seriously injured by a dog bite or other dangerous animal attack, contact our personal injury lawyers immediately. At Rutberg & Associates, we help injured people and their families. That's what we do.
Injuries from Defective Products - Our Product Liability Lawyers Can Help You
The law states that manufacturers, wholesalers, and retailers must meet certain standards to ensure the safe use of their products. Defective or poorly designed products can cause serious injuries. Product liability covers the full spectrum of products such as medical devices and implants, food, drugs, automobiles, appliances, toys, and machinery.
A defective product is any product that is proven unreasonably dangerous for its intended use. Products may be considered dangerous because of a manufacturer's defect, design defect, or the failure to warn consumers of possible hazards. When someone is injured by such a product, the law says they are entitled to adequate compensation from the negligent manufacturer or retailer. If you or a loved one has been injured by a defective product, you should contact an attorney immediately to protect your right of recovery. Our product liability lawyers in Poughkeepsie, New York look forward to helping you receive compensation.
Medical Malpractice - Our Lawyers in Poughkeepsie, New York Can Help
A bad outcome from an illness or medical procedure does not always mean there was medical malpractice. Like all human affairs, biology and medicine are complicated. It is not reasonable for anyone to expect doctors to be right all the time, or to cure the patient all the time, and the law requires nothing of the kind.
But the law does require that doctors and other providers meet accepted, minimum standards of care. When a medical professional causes serious injury by failing to provide treatment in accord with those standards, the patient or surviving family may have a claim for medical malpractice.
Medical malpractice covers a vast range of improper medical care. Some of the most common departures from standards of care include:
· Unreasonable failure to correctly diagnose a serious illness or condition
· Surgical and anesthesia-related mistakes
· Unreasonable failure to correctly read an X-ray, CT Scan, MRI, Sonagram or mammogram
· Issuing the wrong medication
These and other forms of malpractice may cause serious injuries or death. The resulting medical costs, loss of income, and loss of family support can be overwhelming, especially when the victim is incapacitated for life and requires life-long medical care. The civil justice system is there to provide the necessary compensation in appropriate cases. Furthermore, the civil justice system serves to allocate much of those costs to the private sector, through the insurance industry, which employs millions of people and generates billions in profits. Otherwise, those costs would fall upon the public sector and be born by taxpayers.
Rutberg & Associates' medical malpractice lawyers in Poughkeepsie, New York as well as in Monticello are here to help you and your loved ones recover appropriate compensation in cases where serious medical malpractice caused serious injuries or death. Monetary damages, physical pain and suffering, and emotional suffering, are all considered as the law allows. Some of our attorneys have been handling medical cases for over 25 years, including anoxic brain injuries, surgical errors, birth-related injuries, vascular injuries, and emergency room negligence.
If you or a loved one has sustained serious or catastrophic injury and you believe the cause was medical malpractice, you need medical malpractice lawyers with the experience and knowledge to win. Contact Rutberg & Associates at our offices in Poughkeepsie, New York or Monticello, New York. We handle cases throughout the Hudson Valley, Catskill Region, Westchester, Albany area and throughout upstate New York.
Motor Vehicle Accidents - Our Car Accident Lawyers in Poughkeepsie, New York Can Help
When driving on a public roadway, we are expected to exercise due care and abide by traffic laws, which are in place to ensure public safety. As we all know, not everyone obeys the law; some people are careless, and accidents happen every day.
Many of the cases handled by Rutberg & Associate's car accident lawyers in Poughkeepsie, New York involve catastrophic injuries or death. The firm also represents many people with lesser, but still significant, injuries sustained in vehicular accidents. While cases of major injury and death require the excellent legal representation this firm provides, cases involving routine injuries also present their own, special challenges.
Contrary to what the public hears from certain politicians, the civil justice system contains many safeguards and rules that prevent the recovery of money by people with very minor injuries. In the state of New York, one of the most important protections, applicable to vehicular accidents, is contained in the Insurance Law and is commonly called the "Threshold" statute. If the injuries don't pass the "threshold", the case gets dismissed.
For a claimant to have the right to be compensated for his or her bodily injuries, the claimant's attorney has to prove not only that the other driver is at fault for the collision, but that the claimant sustained a "serious injury" as defined by the "Threshold" statute. "Serious injury" includes the following:
1. Death
2. Dismemberment
3. Significant disfigurement
4. Bone fracture
5. Loss of a fetus
6. Permanent loss of use of a body organ, member, function or system
7. Permanent consequential limitation of use of a body organ or member
8. Significant limitation of use of a body function or system
9. Any medically determined injury that causes the victim to be incapacitated for 90 of the 180 days
following the accident
Several of these items are very ambiguous. Proving that you have met the "threshold" is vital to your case. Your auto accident lawyers in Poughkeepsie or elsewhere will help you determine whether you meet the requirements of the New York "Threshold" Statute. There are many components and factors related to each of the statute's requirements. Due to the many time restraints related to New York accident claims, it is imperative that you contact a car accident lawyer as soon after the accident as possible.
At Rutberg & Associates, our auto accident lawyers in Poughkeepsie successfully handle motor vehicle accident claims throughout New York. We work hard to protect your rights as an injured victim of collision or vehicle-pedestrian accident.
Negligent Supervision of Children
Another specialty of our firm's personal injury lawyers is food poisoning. In December 2003, a study by the Center for Disease Control reported that food poisoning causes 76 million illnesses and 5,200 deaths every year in the United States. The estimated financial cost of these illnesses is unknown, but the medical cost and lost wages for salmonellosis alone is estimated at nearly $1 billion per year.
If your child is injured in a public or private place because of the negligent supervision of another
person or employee, your child may be entitled to compensation for medical costs, pain and suffering,
and other losses. The law requires proof, however, that the person entrusted with the care of a child
was indeed negligent. If you believe your child was injured by the negligence of another, you need
an experienced lawyer to obtain proof of their negligence, research your case, file a lawsuit, and
take the case to court if necessary.
Our firm is prepared to do each of these steps efficiently and professionally. With families of our
own, we understand the distress experienced when a child is injured. When children are injured because
of someone else's negligence, our lawyers are there to investigate the claim and help the family
obtain fair compensation for their losses. To discuss a matter in which your child was injured, contact
Rutberg & Associates today.
Nursing Home Negligence
States, and nearly a third of those facilities have been cited for abuse or neglect. There are many types of abuse, neglect and negligence, including:
· Inadequate Supervision
· Unsafe Buildings or Grounds
· Physical Neglect or Abuse
· Medical Neglect
· Psychological Abuse
Nursing home negligence is often difficult to prevent or discover because the guilty party is often in a unique position to cover up their wrongdoing. Concerned family members should look for any signs of abuse, which might include bruises, cuts, bedsores, dehydration, weight loss, vomiting, depression, broken bones, soiled clothing or bed sheets.
The state of New York enforces many laws to protect nursing home residents. If you or a loved one has suffered serious injury from a nursing home's failure to administer professional and compassionate care, you may be entitled to just compensation. There are various statutes of limitation regarding nursing home negligence. A lawyer should be contacted as soon as neglect is suspected. Our attorneys care about the protection and well being of you and your family. Please do not hesitate to contact us if you suspect nursing home neglect is causing harm to someone you love.
Falling Objects
While most injuries from falling objects occur at construction sites, our firm has seen a dramatic increase in the number of injuries in superstores where products must be removed from overhead shelves. If you have been seriously injured by a falling object in a retail store or other environment, the proprietor of the establishment should be held responsible for providing compensation for your injuries. Contact our personal injury lawyers in Poughkeepsie or Monticello, New York to discuss your legal options today. We handle cases throughout upstate New York, the Hudson Valley, the Catskill region, Albany, and Westchester.
Fires, Explosions, Chemical Burns
Fire, explosion, and chemical burn cases may result from any number of causes. The injuries are often devastating. Over 2 million burn injuries are reported annually in the United States, and over 600,000 require immediate medical attention.
Fires occur in and outside the home from a wide variety of causes such as faulty appliances, cooking, smoking, and electrical malfunctions. Explosions can occur from propane or gasoline tanks when safe practices or applicable codes are not followed. Gas grills, propane heaters, and aerosol products cause many explosions around the house. Chemical burns occur when the skin comes in contact with dangerous acids or alkalids. There are many household products that can cause serious chemical burns if not handled correctly: Drano, Liquid Plumber, paint thinner, bleach, boric acid, and others. In some industries, the workplace also introduces the risk of chemical burns.
In many cases, these personal injuries are incurred from product failure, insufficient consumer information, or simple negligence. The results can be catastrophic, often leaving victims with severe, life-altering injuries. The law says that burn victims are entitled to compensation for medical expenses, lost wages, disfigurement, physical and emotional pain and suffering. If you or a loved one has been injure by a fire, explosion, or chemical burn, you need a lawyer with expertise in these types of cases. Rutberg & Associates has helped countless burn victims receive the compensation they deserve. We handle cases all over the state of New York. Contact our offices in Poughkeepsie or Monticello, New York for a free consultation. We handle cases throughout the Hudson Valley, Catskill region, Albany, and upstate New York.
Defective Highways
Poorly designed roads and highways cause thousands of accidents every year. Federal, state, and local municipalities are obligated to design and maintain safe thoroughfares. Unfortunately, this is not always the case. In many situations, unsafe design or insufficient maintenance leads to serious accidents. Common situations of defective highways involve:
· Failure to correct dangerous roadway conditions
· Failure to remove obstacles that obstruct traffic
· Failure to maintain speed limit and warning signs
· Failure to correct visual impediments such as overgrown trees
· Failure to resurface worn roadways
· Failure to properly attend to snow and ice
In these circumstances, where negligence is clearly the cause of an accident, the responsible party is required to compensate the victim for the damages caused by their neglect. If you have been injured because of a defective road or highway, you need an experienced personal injury lawyer. Contact our committed firm personal injury lawyers in Poughkeepsie and Monticello today to discuss your case.
Premises Liability/Slip and Falls Unsafe Buildings, Grounds, and Places of Business
If you have been injured because of unsafe buildings and grounds, dangerous conditions in stores or malls and other places of business, your case falls into an area of law known as Premises Liability. Such a claim may arise in all sorts of premises, be it a private home, a retail business, a cultural or sporting event, a public or private walkway or thoroughfare. The legal responsibility of the property owner varies according to the particular facts of the case.
To determine if you are eligible to receive compensation for your injuries, an attorney must first prove that the property owner was negligent, that he or she knew about the dangerous situation and did nothing to prevent injury. It is not uncommon for the situation that caused the accident to be covered up or removed by the property owner immediately following the accident. For example, if you slipped and fell because of a shampoo spill in a grocery store, the owner is likely to clean the area, removing the evidence. Premises liability claims require immediate, skilled investigation to ensure a successful result. To discuss your claim, contact our personal injury attorneys at our home office in Poughkeepsie, New York.
Wrongful Death
Our wrongful death attorneys in Poughkeepsie and Monticello, New York, will give you the representation you deserve.
Wrongful death occurs when a death is caused by the negligent behavior of another. Wrongful death claims seek compensation for the losses incurred from a family member's death, which may be caused by any negligent act including car accidents, defective products, work-related accidents, medical malpractice, and many others.
Wrongful death claims are complex and require the services of experienced attorneys. The claim for wrongful death addresses the economic loss caused by the death. A different claim is made in the case to compensate the pre-death pain and suffering caused by the accident. That distinction has many important implications. For example, the defense may argue that the death occurred instantly, without significant suffering, even when that is not the case. Your attorney must anticipate that argument and know how to work with a forensic pathologist to scientifically prove that compensation for pain and suffering should be awarded.
The use of expert witnesses may also be required on the subject of economic loss. Experienced counsel does not limit the analysis of economic loss to the amount the person was making at the time of the accident. Experienced lawyers work with economists to establish such things as how much a person’s income would have increased over their normal working life; the pension benefits that would have accrued; the value of the household services provided by husband or wife before death; the value of the parental care and guidance that mom or dad would have provided if he or she had not been killed.
A wrongful death lawyer should be contacted immediately when a loved one is lost because of someone else’s negligence. Our wrongful death lawyers in Poughkeepsie and Monticello, New York, may be reached at all times, and they regularly handle cases through the Hudson Valley, the Albany region, and upstate New York.
We work hard on the behalf of those suffering from the loss of a family member. At Rutberg & Associates, we help clients receive compensation for medical and funeral expenses, lost earnings and pension, pain and suffering, mental anguish, and many other damages. To learn more about wrongful death in Poughkeepsie or in greater New York, contact our office today to discuss your car or auto accident, product liability, wrongful death or medical malpractice case.
Other Injuries
- Neurological Injuries
- Fracture Injuries
- Amputation
- Disfigurement
- Eye Injuries
- Spinal Injuries
If you need car accident, medical malpractice, product liability or wrongful death lawyers near Poughkeepsie, New York, contact Rutberg and Associates today. We'll use our skills and experience to help win your case.
Vioxx®
Millions of arthritis victims hailed the 1999 release of Vioxx®, a non-steroidal anti-inflammatory medication, as a miracle. The drug proved highly effective for managing acute forms of pain, and in 2000, a clinical trial was begun to study its ability to prevent recurring colon polyps. While Vioxx® was found to successfully prevent the formation of new polyps, after 18 months, a significant number of the patients in the study developed cardiovascular problems. Twice as many Vioxx® recipients suffered strokes, heart attacks or blood clots as those patients who received placebos.
While Merck & Co., manufacturer of Vioxx®, claims the risks posed by long term use of Vioxx® are relatively low, on September 30, 2004 the company chose to voluntarily halt the clinical trial and remove the drug from pharmacies worldwide. With as many as 80 million users worldwide, the Vioxx® recall is considered one of the largest in history.
Merck's decision to remove Vioxx® from pharmacies is a relief, but for people who have used the medication since it was released five years ago, this action came too late. If you or a loved one has been injured or endured a cardiovascular event as a result of taking Vioxx®, contact our lawyers immediately for a consultation.
Zyprexa®
Our team of legal experts in New York includes accomplished Zyprexa® attorneys. Our lawyers can help you obtain the compensation you deserve if you’ve been seriously harmed by the use of Zyprexa®.
Zyprexa®, also known as olanzapine, is an anti-psychotic medication that received FDA approval in 1996. While it was specifically approved only for use by adults suffering from either schizophrenia or bipolar disorder, medical professionals have since prescribed Zyprexa® to people of all ages, including children, for a variety of non-FDA-approved conditions. These conditions include depression, anxiety, aggression, and even gambling addictions. Prescribing Zyprexa® for these “off-label” conditions has contributed to the drug’s massive distribution – over 15 million people worldwide have used Zyprexa®. If you have taken Zyprexa® and subsequently experienced a serious health decline, you may be entitled to damages from the drug’s manufacturer. Working out of New York, our Zyprexa® attorneys can provide you with the legal representation you need to seek compensation for your injuries.
Since its approval, researchers have discovered several side effects and conditions associated with Zyprexa® use that were not included on the drug’s original packaging label. The most serious of these include blood sugar disorders such as diabetes and hyperglycemia. Other conditions include pancreatitis, tardive dyskinesia, kidney failure, and heart arrhythmia. Zyprexa® use has also been associated with an increased risk of heart attack, stroke, coma and even death. Our personal injury lawyers are dedicated to seeing that the makers of Zyprexa® are held accountable to consumers who have been negatively affected by their product. With firms in Poughkeepsie and Monticello, New York, our Zyprexa® Lawyers have the resources and the reputation to help you obtain compensation for your damages.
If Zyprexa® has seriously injured you or one of your loved ones in New York, please contact the Zyprexa® attorneys at Rutberg and Associates . Our lawyers have a strong history of recovering compensation on behalf of defective drug victims and can effectively and aggressively represent your interests.