Personal Injury & Accident Law
Practice Areas
O'Dwyer & Bernstien has won hundreds of millions of dollars in verdicts and settlements for our clients. Our experience and long record of success in all types of personal injury cases make us the right choice if you've been hurt in an accident. We will work to ensure that you receive maximum compensation for your injuries and we'll answer all your questions as we move your case through the legal system as quickly and efficiently as the law allows.
It you've suffered an injury of any kind, it is vitally important that you contact O'Dwyer & Bernstien immediately.
We will act quickly to determine who is at fault and take every step necessary so that the liable parties are held responsible for your care, coverage and compensation. If you can't get to our offices, we will arrange to meet with you in your home or hospital to discuss your legal needs.
We care about helping our clients reclaim and rebuild their lives after an accident. Contact us today for a free consultation.
Below you'll find information on our personal injury practice areas:
- Wrongful Death
- Construction Site Accidents (Including Scaffold and Ladder Accidents)
- Auto Accidents
- Subway and Bus Accidents
- Airplane/Airline Accidents
- Slips, Trips, and Falls
- Medical Malpractice
- Premises Liability
- Excessive Use of Force and Civil Rights
- Products Liability
- Accident Investigation/Reconstruction
Wrongful Death
Wrongful death lawsuits are brought against parties whose negligence causes a person's death. No amount of money can make up for the loss of a family member. However, it's important to remember that under the law, the family of the deceased person is entitled to seek monetary damages to compensate for the victim's conscious pain and suffering, medical costs incurred, and economic loss sustained by eligible family members as a result of the victim's death. O'Dwyer & Bernstien's lawyers serve our clients in wrongful death claims stemming from construction site accidents, medical malpractice, auto accidents, premises accidents, defective products, or other acts of negligence by a responsible third party. Whatever the circumstances that led to a wrongful death, if negligence was a factor, we can help you recover the money you need to ease the burden on your loved one's family.
Construction Site Accidents (Including Scaffold and Ladder Accidents)
Construction work is dangerous. Contractors, subcontractors, building companies or any third parties that employ construction workers are required under the law to provide a safe place to work. Failure to take the required safety and preventive measures, particularly when workers are working above the ground on scaffolds or ladders, may serve as a basis for a personal injury claim under New York State law. Throughout its long history of representing working men and women, O'Dwyer & Bernstien has successfully handled thousands of construction accident cases. Our close working relationship with unions gives us a special understanding of construction site law, which we use to obtain maximum recoveries for our cleints.
Auto Accidents
If you or someone close to you has been injured in an accident involving a car, truck, RV or motorcycle, you need an experienced accident specialist on your side. Did you know that there may be a right to recovery even if you are hit by a hit and run or uninsured car? You will need an experienced attorney to help guide you through the often-complex legal process. Insurance companies are interested in minimizing monetary damages in accident claims. For that reason, they tend to offer accident victims low initial settlements. All too often, those settlement offers are accepted by victims who may not be thinking clearly in the wake of a serious accident. Throughout our history, O'Dwyer & Bernstien has consistently demonstrated its unwavering commitment to victim's rights. We'll ensure that you receive fair compensation for any injuries you sustained.
Subway and Bus Accidents
Subway and bus accidents often result in lawsuits brought against agencies that fall under the jurisdiction of New York City or New York State. For that reason, transit accident victims would be wise to seek out the services of a law firm that understands the legal requirements of their potential case. O'Dwyer & Bernstien is such a firm. For example, you may be unaware that if you've been injured in an accident on a New York City bus or subway, you generally must file your notice of claim with the appropriate entity within 90 days of the accident. Otherwise, your claim may be forever barred. O'Dwyer & Bernstien's attorneys have extensive experience providing injury victims and their families with the comprehensive legal support and advocacy they need. If you or someone close to you has been injured in a subway or bus accident on the Long Island Rail Road or Metro-North Railroad, or due to negligence or carelessness by the NYC Transit Authority, the MTA, or other city or state agencies, speak to us today for a free evaluation.
Airplane/Airline Accidents
When an aircraft crashes or is compromised, the results are often catastrophic. Circumstances that lead to aircraft accidents can include mechanical failure, pilot error or other factors. Aircraft lawsuits are extremely complex. Families of crash victims need to put their trust in a firm with broad experience in this unique field of law. O'Dwyer & Bernstien attorneys have successfully represented victims of several high-profile airline tragedies, including the 1996 TWA crash over Long Island and the 2001 American Airlines Flight 587 crash over Belle Harbor, New York. If you or someone close to you has been injured in an aircraft accident, look to our qualified, experienced attorneys.
Slips, Trips and Falls
Thousands of people are injured each year when they slip or trip and fall on a dangerous floor, a defective flight of stairs or an uneven patch of ground. There is no precise way to determine when someone else is legally responsible for something on which you slip or trip. Each case turns on whether the property owner or tenant acted reasonably in caring for the property so that a slipping or tripping accident was not likely to occur, and whether you may have been careless in not seeing or avoiding the thing that caused you to fall. Witnesses are very important in these types of accident cases, as insurance companies are often suspicious of this kind of accident, since property damage, which often substantiates auto accidents, is not present. A prompt investigation, which includes the taking of witness statements and photographs of the accident scene, will go a long way towards convincing the insurance company that it should pay fair and prompt compensation to the accident victim.
Medical Malpractice
Under the law, healthcare professionals (doctors, nurses, pharmacists or anyone who treats patients) are legally required to provide competent care. A medical malpractice lawsuit is warranted when a healthcare practitioner takes an action that a reasonably careful practitioner would not take. Additionally, when a healthcare practitioner fails to take an appropriate action when the circumstances of the case would warrant it, he or she may be guilty of medical malpractice. The law states that patients have a right to assume that the level of care provided to them by a medical professional meets a certain standard. When this standard has not been met, victims are entitled to pursue monetary damages for any harm the healthcare practitioner may have caused.
Premises Liability
A premises liability lawsuit may be brought if you sustain injuries on someone else's property as a result of the owner's negligence. Premises accidents are often caused by dangerous conditions such as wet floors, dangerous sidewalks, poor lighting, worn carpeting, snow or icy conditions, or poorly constructed floors or stairs. Victims of fall accidents on commercial property may be able to file a premises liability lawsuit against not only a commercial business, but also the landlord or owner of a property.
Excessive Use of Force and Civil Rights
Often referred to as "police brutality", excessive use of force cases are based on federal and state laws governing the conduct of law enforcement agents. When a member of the law enforcement community violates the rights of an individual, either physically or verbally, the victim may be entitled to seek monetary damages. Illegal searches and seizures of a victim's property or person also fall under this category. A proven advocate for civil rights, O'Dwyer & Bernstien is broadly experienced in fighting for the victims of police misconduct and excessive use of force, including "Section 1983" litigation involving police abuses and other violations of constitutional rights, federal statutes and state laws. If your civil rights were violated by a police officer during an unlawful arrest or an illegal search of your car, home or person, you can assert your constitutional rights and seek legal action.
Products Liability
Every year, thousands of people suffer serious injuries from defective products. Products liability lawsuits may be brought against manufacturers, designers, distributors, or sellers of a defective product that harmed buyers or users. The law is very broad in this category. A product can be defined as almost any item that is bought, sold, or used. A product can be judged to be defective if a flaw or defect is found in the way it was designed, manufactured, or marketed. Typical causes of action in a product liability lawsuit include strict liability (the usual theory of recovery), breach of warranty, negligence, manufacturing, and design defects, and breach of the duty to warn consumers of the danger in using specific items. O'Dwyer & Bernstien has successfully represented many victims who were injured by unsafe or defective products, including cars, bicycles, power tools, electronics, appliances, and common household goods.
Accident Investigation/Reconstruction
Accident reconstruction is particularly useful in complicated lawsuits. O'Dwyer & Bernstien employs qualified healthcare professionals, engineers, accident reconstruction specialists and other experts to build the strongest possible case for you. We gather and analyze all the evidence necessary to convince a jury (or a third party who may be considering offering you a settlement) who was at fault.