Author: Richard Abend

Richard H. Abend is a premier trial lawyer, focusing on personal injury law. He has dedicated himself to representing individuals who have been injured due to the negligence of others. Mr. Abend has successfully tried numerous cases to jury verdict and has obtained numerous seven figure recoveries for his clients. He has been recognized by the New York Law Journal for obtaining several of the top verdicts or settlements in the State of New York.

2016 Super Lawyers Announcement: Abend and Silber Selected

Richard Abend and Josh Silber were recently named to the 2016 Super Lawyers List for Metro New York in their primary practice areas of Personal Injury and Medical Malpractice. For Abend, this year marks his second back-to-back inclusion on the “Top 100” list.

abend-silber-top-100-superlawyersThe 2016 Super Lawyers List, a publication of Thomson Reuters, was created as a trustworthy, thorough and diverse resource for finding legal counsel in individual states and areas of practice. Inclusion on the list is limited to lawyers who can be retained by the public, as it was designed as a resource for consumers and other attorneys. Selections for the 2016 Super Lawyers List are made following a three-step process that includes peer nominations, extensive third-party research and individual reviews by highly credentialed lawyers within specialty primary practice areas.

2016 Super Lawyers of Metro New York candidates cannot nominate themselves, but join the candidate pool via managing partner surveys, peer nominations, third-party feedback or identification by Super Lawyer researchers. Candidates are evaluated through independent research using 12 categories of peer recognition and professional achievement: verdicts and settlements, transactions, representative clients, experience, honors and awards, special licenses and certifications, law firm positions, bar and professional activity, pro bono work and community service, scholarly lectures and writings, education and employment background, as well as other outstanding achievements. A Blue Ribbon Panel of specialists then conducts a thorough peer review of each candidate. Super Lawyers compiles the list of final selections to include no more than five percent of the total number of attorneys in New York.


Forced Arbitration In Nursing Homes Can Lead To Increased Abuse

As much as we’d like to think it doesn’t happen, there have been numerous reports of our elderly loved ones suffering abuse at the hands of nursing homes. Even those nursing homes with the best reputations are going to run into an employee who commits some form of abuse or neglect at one time or another.

Unfortunately, this problem is exacerbated because many nursing homes are attempting to shield themselves from liability for abuse or negligence by including forced arbitration clauses in their admissions agreements. Why is going to arbitration to resolve an issue such a negative these days?

In a nutshell, it restricts the rights of a nursing home patient when they have a problem with the facility. Should the patient, or their family believe a nursing home is negligent, they cannot take the nursing home to court.

This is especially a problem in a state like New York, where City & State pointed out a recent investigation that found private arbitrators in the area usually favored repeat customers. In this case, these repeat customers are the very nursing homes that have been alleged to have committed or allowed the abuse.

The kicker, when it comes to New York and some other states, is they have laws in place that are supposed to make it illegal to put forced arbitration clauses into residential agreements. Unfortunately, although New York’s law states these arbitration clauses are against public policy, a recent appellate decision held that New York courts are bound by the Federal Arbitration Act which allows these unjust forced arbitration clauses. Richard Abend was recently quoted in an article stating if the decision is upheld, “it will result in the denial of justice to nursing home residents that have been the victims of negligence” and will remove “a powerful incentive” for nursing homes to provide quality nursing care.

What does all this mean to you? The fight is still ongoing, and there is hope forced arbitration clauses in nursing home admissions agreements will eventually be found unlawful in New York like our legislators wisely intended when New York’s Public Health Law was enacted.

The lawyers at Abend & Silber are currently working on such a case and we are fighting to maintain the right to a jury trial for injured New Yorkers. If you feel a loved one is suffering from abuse or negligence at a nursing home, contact us to find out your options.

Medical Malpractice in New York: Why You Need an Attorney

According to the Journal of the American Medical Association (JAMA)medical negligence is the third leading cause of death in the U.S. after heart disease and cancer. Even though medical errors kill around 200,000 people annually in the U.S., only 15 percent of personal injury lawsuits result in medical malpractice claims. Many patients are unaware they have been the victims of medical malpractice.

Here’s what you need to know and what to do if you are a victim of medical malpractice in New York.

What is Medical Malpractice?

Understanding what constitutes medical malpractice is the crucial first step. A successful lawsuit contains several elements that the plaintiff has the burden to prove:

  • A legitimate provider-patient relationship establishing a “duty” of care.
  • Medical care—or lack thereof—that fell below the accepted medical standards.
  • A causal connection between the provider’s actions or inactions and the patient’s harm.
  • Damages to the patient.

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Richard Abend Lectures at Brooklyn Law School

Abend & Silber partner, Richard Abend was invited by the Practicing Law Insitute (PLI) to give the 2016 Bridge the Gap lecture. on litigating in New York State and Federal Courts at Brooklyn Law School on January 9, 2016.  This lecture was given to recently admitted attorneys at Brooklyn Law School.

Richard was joined by Kenneth Anand of Ropers Majeski Kohn Bentley.  This course delved into all facets of prosecuting a lawsuit in New York State and Federal Courts from the initial filing of the Summons and Complaint, Document Discovery, Motion Practice and Trial.

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Richard Abend & Josh Silber Rated by Super Lawyers 2014

Richard Abend and Josh Silber were selected to the 2014 Super Lawyers List for Metro New York.  Super Lawyers is a publication of Thompson Reuters which compiles its list of top attorneys based on independent research and peer reviews. Super Lawyers chooses no more than 5% of the total attorneys in New York State for inclusion on their list.  Abend & Silber were selected for their primary practice areas, Personal Injury and Medical Malpractice.

super-lawyers-josh-silber-richard-abend Continue reading “Richard Abend & Josh Silber Rated by Super Lawyers 2014”

Hurricane Sandy Update

Power was restored to our office over the weekend and we are fully operational.  Our thoughts are with all of those that still facing the grave affects of the storm. We have signed on to handle FEMA claims pro bono through the New York State Trial Lawyers Association.  Additionally our attorneys will be on site volunteering in the affected areas.

Josh Silber Named New York Super Lawyers List

JOSH SILBER has been named to the New York Super Lawyers list as one of the top attorneys in New York State for 2011.

No more than 5 percent of the lawyers in the state are selected by Super Lawyers.

Super Lawyers, a Thomson Reuters business, is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement.  The annual selections are made using a rigorous multi-phased process that includes a statewide survey of lawyers, an independent research evaluation of candidates, and peer reviews by practice area.

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