AUTOMOBILE ACCIDENTS

We successfully handle numerous cases involving people injured in motor vehicle accidents. New York has its own specific statutory requirements set forth in Insurance Law Sec. 5102 (d) outlining who may bring an action for personal injuries. Not every person injured in a motor vehicle accident is able to bring a suit to recover for personal injuries. Our firm has years of experience successfully handling suits arising out of motor vehicle accidents. We are able to ascertain quickly which of the actions have merit and which do not. Those that are lacking in merit and fail to satisfy the Insurance Law requirements are quickly and efficiently disposed of by way of threshold motions for summary judgment. Those actions that proceed to trial have all viable aspects of liability and damages explored and where appropriate we are able to effectively utilize seatbelt experts and accident reconstruction experts to better define damages and to secure favorable results for our clients.

PREMISES LIABILITY

We defend and prosecute all manner of premises liability actions such as slip/trip and fall actions, dog bites, construction accidents, Labor Law actions and firefighter/police officer rule actions. Much of New York's law regarding premises cases has changed over the last few years necessitating new methods and strategies in handling these types of suits. Of late, municipalities have enacted legislation effectively passing on tort liability in trip/slip and fall actions to abutting property owners. The most notable of these is the City of New York which has shifted liability to abutting property owners with only limited restrictions. Therefore, claims that may have existed in the past may no longer exist and defenses, which had been successful in the past, are no longer effective. New York also has a number of laws to protect emergency workers such as police officers and firefighters as well as construction workers and others. These statutes, General Municipal Law Secs. 205-a, 205-e, General Obligations Law Sec. 11-106 as well as Labor Law sections 200, 202, 240, and 241 all impose liability on property owners, tenants and contractors. In many instances, liability is not only imposed, but there is strict liability with no offset for the injured person's culpable conduct. These statutes are very effective tools and can be used to secure substantial awards on behalf of injured persons. They are particularly problematic for property owners, tenants and contractors requiring a careful and well thought out defense.
We have also successfully represented clients in connection with cases in which people have been attacked in or on premises by reason of security lapses. Through the timely and effective use of expert witnesses and carefully crafted litigation plans we have been able to conclude these matters on favorable terms to our clients.
In addition to the more complex cases, we have handled significant numbers of homeowners cases involving trip and fall and slip and fall accidents in addition to negligent entrustment claims, “dog bites,” sports claims and others. We stay abreast of these rapidly evolving areas and our experienced litigators are able to implement effective strategies to represent our clients in the most effective and favorable manner, so as to secure the best possible result.

CONSTRUCTION ACCIDENTS

We regularly defend and prosecute all manner of suits arising from construction accidents and workplace mishaps. New York's Labor Law Secs. 200, 202, 240 and 241 provide extremely effective means for individuals injured while certain work is being performed on buildings and other structures to secure a recovery. In many instances, these suits give rise to strict liability without regard to the culpable conduct of the injured person. Quite frequently, the effective presentation of an injured person's bodily injuries, together with the monetary and social impact on the injured person, results in significant awards of damages. These accidents and the resultant liability give rise to a complicated interplay among the parties involved. New York has limited the rights of owners, tenants and others to seek contribution and indemnity from the employers of injured persons. In cases where the owner or tenant is the party found liable, their recourse to parties more closely involved may be limited to instances where the injured person has sustained an injury defined by Workers' Compensation Law Sec. 11 as a “Grave Injury.” These restrictions serve to emphasize the contractual nature of the relation between the parties involved and to emphasize the strategic framing of contractual claims against those responsible as well as determining the existence of available insurance and the preservation and maintenance of claims against the parties' insurers. Our seasoned litigators have many years of experience in successfully handling these matters and have secured extremely favorable outcomes for our clients.

NO FAULT / SUM CLAIMS & LOSS TRANSFER

People involved in automobile accidents generally have available to them No-Fault insurance to cover them for basic economic loss which includes necessary medical care, lost wages and certain other expenses that are incurred. There may also be insurance coverage for situations where a person is injured by a person who is uninsured or does not have enough insurance to fully compensate the injured party. These claims are particularly time sensitive since there are shortened time limits in which to submit No-Fault claims and insurers have strict time limits when responding to both No-Fault and SUM claims. We have years of experience effectively advising clients on these issues and successfully handling and litigating No Fault, Uninsured and SUM claims. On behalf of our insurance company clients, we have frequently and effectively made applications for stays of arbitration on extremely short notice. We have also handled inter-company arbitrations and we are fully familiar with handling loss transfer matters and related issues.

INSURANCE COVERAGE

We are regularly called upon to review our clients' personal lines (Homeowners and the like) policies as well as Commercial Lines (Business) policies. We advise our clients on insurance procurement, additional insured issues and policy interpretation. In the course of handling these matters, we have issued coverage opinions to municipalities, corporations and insurance carriers that have enabled them to manage their risks effectively and economically. Typical issues we frequently encounter include late notice, exclusionary language, the satisfaction of conditions, the question of whether an “occurrence” has taken place and whether there is a “personal injury.” We have also successfully prosecuted and defended Declaratory Judgment actions and appeals on behalf of individuals, corporations and insurers in both state and federal courts.

APPELLATE PRACTICE

The best result is of little value if it cannot be protected. Our firm has successfully represented corporations, individuals and insurance carriers before the appellate courts at every level in this state. The appellate process does not begin with the lower court's decision, but rather with the first application to that lower court. An essential part of the appeal is the record made before the lower court. If the record is incomplete, the appellate court may well be unable, or may refuse to grant the relief sought. Our ranks include a number of experienced attorneys who have handled numerous appeals on virtually every issue raised by negligence actions. We have also successfully handled many appeals involving insurance coverage, contract and employment law issues in both state and federal court. This wealth of research and information enables our trial attorneys to draw information from a vast array of legal issues which previously have been explored. We are fortunate to have attorneys who can focus on getting it right the first time and ensuring that our clients have the best possible chance for success. When we receive an adverse determination, we are able to evaluate our prospects for appellate success quickly and efficiently and to advise our clients accordingly. This enables us to secure reversals of erroneous decisions and verdicts.

GENERAL LIABILITY AND TRIAL PRACTICE

We are fortunate to have a great number of very experienced and highly skilled trial attorneys who regularly appear and try numerous “high exposure” cases in New York's most difficult venues. These cases include not only those for which we were retained from commencement, but also those where other attorneys and clients have sought us out to try the action. We have represented individuals, suppliers, retailers, store owners and others in all manner of liability actions.

LEAD PAINT, MOLD AND TOXIC TORTS

We have represented property owners and manufacturers in connection with various toxic torts including lead paint claims, mold claims and other less well known allegedly toxic substances. In the course of our representation, our focus has been on the effective and efficient resolution of these matters while always being ready to try the appropriate case.

COMMERCIAL PRACTICE

Our team of highly experienced attorneys draw from a wealth of information, research and experience in advising clients on many varied commercial matters. We approach transactional matters with an eye toward minimizing our client's risks and by looking at the matter from all sides. All clients have expectations and needs and by carefully examining the matter we are able to advise our client regarding both the sought after outcome as well as to assess the potential pitfalls. Typically, we can secure agreements which will serve to avoid lengthy and time consuming litigation in distant and inconvenient locations. We have advised clients on non-compete agreements, as well as non-disclosure agreements and other product protection issues as well as the more mundane collection matters. On those matters that proceed to litigation, our experienced trial attorneys are able to efficiently and economically navigate through the judicial system and to evaluate the claims being made and to aggressively pursue the best possible result for our clients. We have litigated many varied commercial claims ranging from FDCPA claims to litigating Real Estate matters to Lemon Law claims as well as claims of interference with contractual relations, product disparagement claims and the like.

CIVIL RIGHTS AND EMPLOYMENT DISCRIMINATION

More and more frequently, individuals, businesses, corporations and municipalities are confronted with claims under the Federal Civil Rights Act and other statutes. We defend and prosecute Civil Rights actions under Title VII, Title IX as well as the Family and Medical Leave Act, claims of sexual harassment and related state statutes. We have defended and prosecuted claims under 42 U.S.C. Section 1983 regarding civil rights violations concerning police officers, municipalities, corrections officers and other governmental employees. There are intricacies involved with establishing and defending against claims which must be confronted and overcome. Additionally, these cases often have unique damages which must be carefully assessed and effectively handled at trial. By paying careful attention to the details, we have successfully represented municipalities, police, corrections officers, corporations and individual clients.

HOSPITALITY CLAIMS

Restaurants, bars, night clubs, catering establishments and hotels have a vast array of challenges confronting them from common slip/ trip and fall accidents to false arrest, assault, racial discrimination and other claims. These establishments are particularly vulnerable due to the large number of people with whom they deal and their reliance on a large and diverse workforce. We are able to inquire quickly and to secure a wealth of information at the earliest stages of our involvement so as to secure and preserve possibly valuable evidence. There are a number of statutes which both impose liability and which attempt to protect establishments. In addition to the more commonly encountered claims, establishments which serve alcohol must contend with claims under New York's Dram Shop Law imposing tort liability for damage to third parties injured by a person who was served alcohol while he/she was visibly intoxicated. These statutes create unique liability scenarios that are heavily dependant upon eyewitness impressions, but which also may require the trial use of expert witnesses to effectuate a favorable liability outcome. There are statutes specifically enacted to assist hotels and to limit their exposure to tort claims, particularly against claims of theft. We have been fortunate to have represented numerous such establishments and to be fully familiar with the particular idiosyncracies of these establishments and to have successfully defended them both at trial and on appeal.

ENTERTAINMENT VENUES

We have represented many of New York City's largest indoor sports and cultural venues. These facilities often have complicated and beneficial arrangements with municipalities, contractors and performers. Our highly experienced attorneys familiarize themselves with the venues, their contractual relationships and their methods of operation and are able to formulate effective litigation strategies. This intimate perspective on the client's operations often enables us to make very early determinations regarding what direction the litigation should take and to pursue them aggressively and effectively. These matters often implicate other practice areas especially the pursuit of other insurance procured by contractors and others.

NURSING HOME AND ASSISTED LIVING FACILITY CLAIMS

We aggressively represent individuals and nursing homes in actions regarding the treatment and care of residents. These claims include claims regarding falls, ulcers, abuse, misconduct as well as the failure to provide an adequate standard of care and claims for insufficient security being furnished seniors who require increased supervision. These matters, by virtue of the fact that witnesses are often older, require careful investigation and documentation of the claims and damages. We quickly and effectively pursue details from the available records and witnesses so as to be able to substantiate our client's position and secure early access to experts who can assist our clients at trial.

ALTERNATIVE DISPUTE RESOLUTION

Our firm frequently participates in, and often encourages alternative dispute proceedings. Our ability to gauge quickly the merits of various types of litigation effectively gives us a head start in coming up with innovative methods of resolving conflicts through mediation or arbitration. Often, after only briefly litigating matters, we are able to secure sufficient information to proceed quickly and, where required, quietly with early intensive settlement discussions and mediation or binding or non-binding arbitrations. We also have set up bulk settlement days in an effort to enable our clients to resolve a larger number of cases while at the same time holding down litigation costs. Here, our wealth of experienced trial attorneys enables us to have our clients resolve matters at alternative dispute proceedings on the most favorable terms possible. Although different skills are used, the experience of our trial attorneys lends credibility to the positions our clients have taken, since our adversaries know that we are always able and willing to try our clients' cases.

MUNICIPALITIES, SCHOOL DISTRICTS AND PUBLIC AUTHORITIES

We are frequently called upon to represent municipalities, school districts and public authorities in connection with a wide variety of matters. We have successfully represented them in negligence actions and claims of defective security as well as in sports cases and Civil Rights and employment discrimination claims. In these matters, our clients are viewed as the “deep pocket” target of the litigation and due to their status, need to be defended with an eye toward continuing the public confidence as well as ensuring a successful outcome.

SPORTING CLAIMS

We have represented individuals, corporations, health clubs, ice rinks, teams and participants in all manner of sports related injury claims. These claims range from ice skating to equestrian events and everything in between. Our highly seasoned attorneys, in addition to legal experience, have a great deal of experience with all of these sporting activities as well. The laws of this state encourage vigorous participation in sports and in many instances provide an effective defense to these claims. By utilizing our experienced and knowledgeable attorneys who are thoroughly conversant with both the applicable law and the sports involved, we have been able to successfully represent our clients in these cases.

MATRIMONIAL & FAMILY LAW

Our team of highly qualified attorneys have broad experience dealing with a full range of matrimonial issues including Agreements (Pre-Nuptial, Post-Nuptial and Separation), child support and spousal issues, custody and visitation, equitable distribution, as well as enforcement and modification proceedings and awards of counsel fees and expert fees. We pride ourselves on understanding the importance of family and understanding the sensitivity surrounding this particular area of law. This field of law has changed substantially over the years, as have the laws which impact family relationships, including care of children and matters involving property disputes. We pride ourselves on working closely with our clients to ensure that they understand their rights, their options and the possible different consequences of their decisions. It is our goal in chief to understand the objective of our clients, so that we can be sure that they make clear and informed decisions for themselves and their families. With this in mind, we are able to represent our clients in the most effective and favorable manner, so as to secure the best possible results.

WORKER'S COMPENSATION & EMPLOYER RIGHTS

McCabe, Collins, McGeough and Fowler represents the employers of injured workers through out New York State at the Workers' Compensation Board. We have offices in Carle Place (our main office) Albany, and Buffalo. The firm has also handled Social Security Disability and personal injury cases as well as claimant's workers' compensation claims. We handle all Workers' Compensation claims, disability and personal injury claims from start to finish. We do not outsource our trial or appellate practice. All cases are handled by an attorney with many years experience, who looks forward to working directly with you to obtain the best result possible for you or for your client.

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