The Truth About Tort Reform

With Repubs gearing up for the next election some of them, notably Rick Perry, are already talking about national tort reform. If Perry is elected he is likely to push for reforms much like those that exist in Texas. However, Perry has been giving false info about the results of his changes and many of them actually prove that tort reform has made people worse-off. In addition, the Congressional Supercommittee is considering tort reforms that would limits actions against doctors and health providers. Here are some interesting links: http://voices.injuryboard.com/medical-malpractice/letter-to-super-committee-opposing-federal-tort-reform-proposals.aspx?googleid=295064 http://thehill.com/blogs/healthwatch/medical-malpractice/187061-report-says-texas-tort-reform-has-made-healthcare-worse http://www.politifact.com/truth-o-meter/statements/2011/aug/25/rick-perry/rick-perry-says-texas-added-21000-doctors-because-/ http://prwatch.org/news/2011/09/11002/rick-perrys-texas-health-care-hoax

Occupy Wall Street Protesters: Police Battery

This is Part 5 of our 5 Part Series on Legal Rights for Occupy Wall Street Protesters. Please join the discussion on our Facebook Page: http://www.facebook.com/pages/Gunzburg-Law-New-York/114302128603525

In basic legal terms, simple battery is a misdemeanor. It is any type of physical contact with another person, to which that other person has not consented. The law diferentiates between different degrees of battery to determine how severe the punishment should be. But if you’ve suffered at the hands of a law enforcement officer, you don’t stop to think about the complexities of a legal definition. Certainly, you simply know that you were victimized. Let us handle the intricacies of the law and bring your violators to justice. Come to Michael Gunzburg, P.C. where our staff of police battery and injury lawyers will fight to get you what you deserve. We have over twenty years of experience handling Police Battery cases in New York.

If you or someone you know has sustained injuries after being mistreated by police officers, contact a New York Police Battery Attorney at Michael Gunzburg, P.C. today!

The City’s Corporation Counsel appoints attorneys to represent the police in civil actions. We know based on our experience that they will do everything possible to defend and justify their actions. That is why you need experienced legal counsel to assist and guide your claim through the legal system. Its this experience that will help to effectively prosecute the perpetrators and bring justice to your claims. The City’s attorney’s when faced with charges of battery against the NYPD will almost in every case defend their actions, claiming that they responded to you in self defense or in defense of others. Factual innocence (it wasn’t them), lack of intent (it was nothing but an accident), duress, provocation or defending property or acting within the scope of their authority are all common defenses. Our experienced police battery lawyers can sift through each of their defenses to help effectively prosecute your claim and achieve the most maximum success in your case. We have helped hundreds of clients receive the compensation they deserve. Let us put our experience and knowledge to work for you.

Let us be your attorneys. As New York Police Battery Lawyers, we bring over 20 years of our experience in prosecuting your claims and commanding the compensation you deserve.

If you or someone you know has sustained injuries after being mistreated by police officers, contact a New York Police Battery Attorney at Michael Gunzburg, P.C. today!

Cases of police battery do not always have to be so extreme in order to be proven. Offensive touching can constitute a battery even if it does not cause injury. For example, if a police officer repeatedly pokes you in the chest while loudly emphasizing a point, or spits on you they may be charged with battery. If you think you’ve been involved in a case of police battery in New York, but you’re unclear what constitutes police battery and you are not sure of your rights, call us for a free initial consultation. Our police battery lawyers are here to help you and give you personalized attention regarding your matter.

Michael Gunzburg is a New York Police Battery Attorney serving the New York metropolitan area including New York City, Brooklyn, Queens, Bronx, Staten Island, Manhattan, Suffolk, Nassau, Westchester, Rockland, and Orange County.

Occupy Wall Street Protesters: Police Assault

This is Part 4 of our 5 Part Series on Legal Rights for Occupy Wall Street Protesters. Please join the discussion on our Facebook Page: http://www.facebook.com/pages/Gunzburg-Law-New-York/114302128603525

Assault and battery are legal terms that are often heard together. Assault refers to the threat of doing bodily harm, whereas battery is the infliction of unwanted touching-otherwise called battering. You turn to the police in times of trouble but who do you turn to when your issue is with the police? You can turn to us. Michael Gunzburg, P.C. has over two decades of experience handling cases of police assaults. We have New York police assault attorneys that will educate you on the workings of the law and help you claim the most compensation you’re entitled to receive.

If you or someone you know has sustained injuries after being assaulted by police, contact a New York Police Assault Attorney at Michael Gunzburg, P.C. today!

Assault levels are comparable to the grading system used in awards ceremonies. Third prize carries less weight then first prize. Assault in the Third Degree is considered a misdemeanor or the proverbial “slap on the wrist.” It occurs when there are no fatal injuries and no weapons have been used. Assault in the Second Degree and in the First Degree include serious injuries, and are considered felonies. If you’ve been the victim of a police assault in the First Degree the offense is on the same level as Attempted Murder. The experienced, caring attorneys at Michael Gunzburg, P.C. will fight for you. We know that in a time of crisis with the police, you don’t need rookie advice. You need answers based on experience.

A classic case of police assault involving love gone bad occurred in September 2006. The New York Times reported that a police captain in a jealous rage dragged a fellow officer by her hair into a car and severely beat her. The pair had been involved in a torrid two-year affair. The prosecutor told the jury in Manhattan’s Criminal Court that the officer “was hoping that no one would find out that she, a married woman and police officer, was having an affair with her supervisor, the captain of her precinct.”

And tales of sex and assault are plentiful among the NYPD. On January 27th, 2001 the New York Times reported a separate incident of police assault, where a Nassau County police officer, Jay Seifert, was charged with raping and sodomizing a 30-year-old woman after a routine traffic stop. He was charged with official misconduct and suspended without pay. Another sexual assault case by a police officer was reported a year earlier in 2000. This time, it involved police officer Matthew Murphy, who was arrested and charged with forcing a woman to have oral sex with him while he was on duty.

If you or someone you know has sustained injuries after being assaulted by police, contact a New York Police Assault Attorney at Michael Gunzburg, P.C. today!

Occupy Wall Street Protesters: False Arrest

This is Part 3 of our 5 Part Series on Legal Rights for Occupy Wall Street Protesters. Please join the discussion on our Facebook Page: http://www.facebook.com/pages/Gunzburg-Law-New-York/114302128603525

In the 1973 movie Serpico, Al Pacino portrayed a real cop that fought injustices and corruption within the New York Police Department (NYPD). His portrayal of a cop plagued by police corruption was so accurate, he received an Oscar nomination for his performance. Thirty some years later, many of the same issues continue to pervade the NYPD. Malicious prosecutions and false arrests don’t just happen in the movies. They happen in real life all the time.

If you or someone you know is a victim of a false arrest, contact a New York False Arrest Lawyer at Michael Gunzburg, P.C. today!

At Michael Gunzburg, P.C., we have New York false arrest lawyers with almost twenty years of experience. We know that if you’ve been let down by the police, the sheriff, or other governmental authorities, you need help. Let our track record and experience assist you in getting the justice and compensation you deserve. We have successfully recovered millions of dollars for our clients and have handled hundreds of complex cases. Hire us and put our experience to work on your case.

Malicious prosecution claims often accompany wrongful arrest and/or wrongful imprisonment claims, but they are considered separate claims. Malicious prosecution applies specifically to the criminal proceedings brought against you without probable cause. You can only sue for malicious prosecution after you have been acquitted of a crime. Simply being innocent is not enough-you have to prove that the prosecution did not have probable cause to arrest and prosecute you for the crime. This is where we come in. Our experienced team of police malicious prosecution and false arrest attorneys stay current with local laws and know how to deal with the unjustified claims brought by the police. We can help! Rely on us-we have over two decades of experience navigating the obstacles created by malicious prosecutions and false arrests.

Michael Gunzburg is a New York False Arrest Lawyer serving the New York metropolitian area including New York City, Brooklyn, Bronx, Manhattan, Queens, Staten Island, Suffolk, Nassau, Westchester, Rockland, and Orange County.

Call Michael Gunzburg, P.C. at 212-725-8500 for your free initial phone consultation.

If you or someone you know is a victim of a false arrest, contact a New York False Arrest Lawyer at Michael Gunzburg, P.C. today!

Occupy Wall Street Protesters: Police Brutality

This is Part 2 of our 5 Part Series on Legal Rights for Occupy Wall Street Protesters. Please join the discussion on our Facebook Page: http://www.facebook.com/pages/Gunzburg-Law-New-York/114302128603525

“We’d just beat people in general…to show who was in charge.” Sounds like an angry high school student or prison inmate, right? Think again. That’s former NYPD officer Bernard Cawley at the Mollen Commission hearings. He had a reputation so fierce for beating people up or “tuning them up” that he earned the nickname The Mechanic from his peers. The textbook definition of police brutality is the intentional use of excessive force, usually physical- by a police offier, prison officer or other law enforcement officer. Yet verbal attacks and psychological intimidation by a police officer can fall under this category as well. And all of it falls under the larger umbrella of “police misconduct” in New York.

If you or someone you know has sustained physical injuries from a police brutality case, contact a New York Police Brutality Lawyer at Michael Gunzburg, P. C. today.

Michael Gunzburg, P.C. are experienced New York police brutality lawyers familiar with the laws that govern such misconduct. Nothing is worse than being violated by the very people that the government hires to protect you. We understand the sensitive nature of going against the governmental authorities and as New York Police Brutality Lawyers we know how to navigate through the legal system and get you the justice and compensation you deserve.

There are many good and valiant members on the New York City Police Department. The Police Department stands ready to assist the city’s citizens and in many instances there are police officers who serve our community well. However, there are always a few bad apples. When these few police officers act in an offensive and illegal manner (and use excessive force or intentionally beat their victims), that can change a person’s life forever. Sadly enough, police brutality is a longstanding problem. Over a decade spanning from the late 1980s to the late 1990s Amnesty International collected information on over 90 cases of alleged ill treatment or excessive force by New York City police officers. Reported injuries included cases where victims were struck by an officer’s fist or baton generally after minor disputes with officers on the street. The most extreme cases of police brutality resulted in civilian deaths. Amnesty’s investigation revealed that the code of silence in which police officers refuse to testify against their own often contributes to impunity. In street parlance, its known as the blue wall of silence. In certain instances, it makes investigating the facts surrounding a police brutality case even more difficult to establish and then prove in a court of law. If you’ve been the victim of excessive force or police brutality, and suffered permanent or serious injuries, don’t keep it to yourself. Get the help you need.

Michael Gunzburg is a New York Police Brutality Lawyer serving the New York metropolitan area including New York City, Bronx, Brooklyn, Manhattan, Queens, Staten Island, Nassau, Suffolk, Westchester, Rockland, and Orange County.

Occupy Wall Street Protesters: How To Stop Civil Rights Abuse

This is Part 1 of our 5 Part Series on Legal Rights for Occupy Wall Street Protesters. Please join the discussion on our Facebook Page: http://www.facebook.com/pages/Gunzburg-Law-New-York/114302128603525

There are also steps that you can take as a citizen to help change the infrastructure that allows for police misconduct in the first place. The organization called Human Rights Watch has the following suggestions:

Write to your state legislators and governor urging them to create a special prosecutor’s office to handle the investigation and prosecution of police officers accused of brutality or corruption.
Write to your city government and urge that full funding be provided for citizen review of police officers accused of human rights violations. If your city, county, or town does not have citizen review of your police, call for the creation of an effective civilian review unit.
Write to your U.S. Representative or Senator, urging them to base federal grant money awarded to police departments on the departments’ creation of effective accountability systems.
Write to your city government and urge it to require your police department to create and use “early warning” or “at-risk” systems to identify officers who are the subjects of repeated complaints or civil lawsuits alleging misconduct.
Call our caring staff of police civil rights abuse attorneys today. We can help you regain your confidence and pride back and fight your case in a court of law. Let our dedicated team of attorneys educate you about your legal rights and your available options with one simple phone call.

We know how to remedy the bad with the good. We’ve helped hundred of clients win the money that they deserve.

We can offer victims of police mistreatment the following services:

Police Brutality
False Arrest
Police Assault
Police Battery
Police Civil Rights Abuse
Call Michael Gunzburg, P.C. today at 212-725-8500 for your free initial phone consultation.

If your rights have been violated by the police, contact a New York Police Civil Rights Abuse Lawyer at Michael Gunzburg, P.C. today!

Occupy Wall Street Protesters: Protecting Your Civil Rights

This is Part 1 of our 5 Part Series on Legal Rights for Occupy Wall Street Protesters. Please join the discussion on our Facebook Page: http://www.facebook.com/pages/Gunzburg-Law-New-York/114302128603525

Often a tragic event can have a silver lining if you look closely enough. Good things tend to have a way of coming out of something bad. John Walsh is a famous American father who tragically lost his young son Adam Walsh. Instead of lying down in defeat, he fought back for positive change by dedicating his life to capturing criminals. He has since gone on to bring thousands of criminals to justice through his work on the television show America’s Most Wanted. Other parents whose children have suffered similar fates, have turned to Congress to fight for tougher criminal laws in the wake of their children’s deaths-so that they did not have to die in vain. Good versus evil scenarios have deep roots in our country’s history. Over a hundred years ago, it was the negative activity of the Ku Klux Klan that encouraged a bill in Congress to get passed. It was designed to eliminate their barbaric activities. The bill was the United States Code Section 1983-also called the Civil Rights Act of 1871. It was created not only to protect the civil rights of African Americans, who had recently been freed from slavery, but also to protect the constitutional rights of all citizens. Under this law, you are able to seek compensation for wrongful arrest by police officers and in some cases, security guards. There are also state laws which specifically prohibit wrongful arrest.

If your rights have been violated by the police, contact a New York Police Civil RIghts Abuse Lawyer at Michael Gunzburg, P.C. today!

When deciding cases of civil liability with respect to police officers, the law differentiates between intentional and unintentional acts. The nature of the case determines the outcome. In order to win under Section 1983, the courts state that plaintiffs must allege and prove two key things: First, plaintiffs must show that the alleged conduct occurred under color of state law. Second, plaintiffs must show that the conduct deprived plaintiffs of Constitutional rights, privileges, or immunities secured by the United States Constitution. Our police civil rights abuse lawyers know the ins and outs of the law and will be able to tell you if your rights have been violated.