Orseck Law Offices' Practice Areas

 

Medical Malpractice


 
gavel and stethoscope - Liberty, NY - Orseck Law Offices
 
It is not unusual for accidents to occur when undergoing medical treatment. However, when an injury results from medical treatment that deviates from accepted standards of practice, a medical malpractice lawsuit may be the only way for the patient to recover damages. If you have suffered serious injury at the hands of negligent doctors, hospitals and other medical professionals, you may be entitled to considerable compensation for your pain and suffering as well as future and past lost wages and medical bills. In cases of wanton and reckless conduct, punitive damages can also be attained for the victim.

Medical malpractice cases typically require a significant amount of research and careful presentation to be successfully litigated. This is because a successful outcome requires proof that there was a failure to provide a level of care that is commensurate with accepted standards and that such failure was the cause of the injury.

Our firm is available to handle virtually any type of medical malpractice case, including those that result in major medical injuries or wrongful death. Medical malpractice can often occur as a result of:
 
 
  • Misdiagnosis of cancer
  • Misdiagnosis of cardiac conditions
  • Misdiagnosis in pediatrics
  • Prescribing experimental drugs
  • Performing cosmetic surgery
 
  • Birth injuries or death resulting from delayed C-section procedure, failure to monitor the fetus, or improper delivery technique
  • Emergency room errors
  • Gastroenterology errors
  • Medical device injuries
 
  • Negligence on the part of a hospital, surgeon, nurse, obstetrician/gynecologist (OB/GYN), or any other doctor or health care worker who fails to follow accepted standards of practice
  • Post-surgical infection
  • Nursing home neglect
 
 
In addition, medical malpractice can also result from caregiver negligence, improper hiring, poor training and managerial incompetence.

Because medical malpractice claims can be complex and difficult to prove, our firm utilizes advanced tools including computer simulations and real life anatomical illustrations to explain complicated medical issues to a jury. We also work closely with qualified medical experts to assist with litigation, both in and out of court.

Our firm has helped medical malpractice accident victims obtain as much financial compensation as possible for their injuries. If you or someone you love has suffered a serious injury as the result of the negligence of a doctor, hospital, nurse or other medical professional or facility, call our offices today for a consultation.
Orseck Law Office, PLLC is located in Liberty NY represents clients throughout the Hudson Valley including Sullivan County, Orange County, and Ulster County.
 
 

Personal Injury


 
work injury claim - Liberty, NY - Orseck Law Offices
 
Each year, millions of people in the United States are injured in accidents. Many of these accidents are unfortunately caused by the preventable carelessness or malicious intent of others. The law protects those harmed by negligent parties and allows the injured to seek compensation for their suffering. If you or a loved one has been injured in an accident resulting from negligence or intentional harm of others, you may be entitled to receive just compensation for your physical and psychological injuries.

To protect your rights and make certain that you are taking all of the necessary actions in the recovery process, you should contact a personal injury lawyer. Our law firm handles all personal injury cases including:
 
 
  • Motor Vehicle Accidents
  • Trucking Accidents
  • Motorcycle Accidents
  • Pedestrian Accidents
  • Drunk Driving Accidents
  • Brain Injuries
 
  • Medical Malpractice
  • Professional Negligence
  • Product Liability
  • Fires and Explosions
  • Plane Crashes
 
  • Railroad Crossing Accidents
  • Nursing Home Abuse
  • Catastrophic Injury/Accidental Death
  • Intentional Tort
  • Class Action Lawsuits
 
 
Our skilled attorneys will take the time to learn all about your case and assess whether or not you should take the initial settlement offered by the insurance company. We have the foresight and skill to look at the road ahead and consider future damages which may harm the victim for years to come including pain, emotional trauma and subsequent injuries. With this knowledge, our personal injury law firm can properly evaluate the full extent of the damage and help to determine if the initial settlement is fair and adequate to ensure your full physical and financial recovery.

If our attorneys feel the initial settlement offered was unjust, we will aggressively pursue damages against the individual or company that caused the harm. This claim may be based on:
  • Negligence—When the injury was a direct result of the defendant’s failure to act.
  • Causation—When the actions of an individual or company cause the injury
  • Malicious Intent—When the injury is the result of intentional harm. When this is the basis of the claim, a criminal case is usually involved as well.
  • Product Liability—When a product does not meet safety standards.
In the days following our initial meeting with you, we will reconstruct the accident and obtain evidence to support your claim. We routinely work with medical professionals, forensic experts and private investigators that can conduct a detailed investigation and produce an independent analysis of your accident

In far too many cases, one’s rights are permanently forfeited because the injured person believed what he or she was told by the insurance company. Insurance companies will employ significant resources to challenge your claim in order to maximize their profits. With powerful legal teams and years of experience, these large corporations often have the edge when dealing with the injured. In such difficult situations, you take a tremendous risk if you don’t have solid legal counsel and representation on your side. Our experienced personal injury attorneys, however, can help to level the playing field and will work diligently to ensure you receive the compensation you deserve.

While our personal injury law firm cannot undo injury or suffering, we can put that suffering into words so that we can seek damages for our injured clients. We are dedicated to obtaining the very best recovery possible for you through experienced, professional and aggressive representation.
Orseck Law Office, PLLC is located in Liberty NY represents clients throughout the Hudson Valley including Sullivan County, Orange County, and Ulster County.
 
 

Personal Bankruptcy


 
bankruptcy contract - Liberty, NY - Orseck Law Offices
 
The decision to file for bankruptcy is often one of the hardest choices that a person has to make in his or her lifetime. Poor planning can often make the process even harder. It goes without saying that filing for bankruptcy should be a last resort, and should only be done when all other methods of satisfying one's financial obligations have been exhausted. However, if your situation has become so severe that you are in danger of foreclosure, garnished wages or repossessions, or are facing debts that you are in no position to pay, putting off the inevitable can have devastating consequences. Procrastination can cost you your car, your wages, and even your home. Filing your case in a timely fashion can spare you these losses.
 
 
  • If you are close to foreclosure on your home, declaring bankruptcy may stop this from going forward and even create a payment structure that will help you pay off your arrears.
  • Bankruptcy may cause your car or other property to be given back to you if they have been repossessed by a creditor.
  • Large medical bills combined with a loss of employment, or on their own can create a nearly impossible financial hole to climb out of. Bankruptcy can help you in this situation and possibly reduce or even wipe away your medical bills.
 
  • Bankruptcy can stop harassing creditors from turning up on your doorstep, especially if they are being unfairly pushy or unreasonable or are fraudulently trying to take more than you owe.
  • If your utilities have been shut off, bankruptcy will help restore these so you do not have to live in darkness.
 
  • Although your student loans will not disappear, bankruptcy may help you to consolidate those debts and pay them off in a reasonable timeframe.
  • Bankruptcy will end wage garnishment, which means you will be able to afford life’s necessities.
 
 
You may have more than one of these issues overlapping in your life and bankruptcy may be the best and most logical way to start your financial life over.
Orseck Law Office, PLLC is located in Liberty NY represents clients throughout the Hudson Valley including Sullivan County, Orange County, and Ulster County.
 
 

Criminal Defense


 
gavel and handcuffs - Liberty, NY - Orseck Law Offices
 
When you are charged with a crime, society tends to view you in a negative light, regardless of the outcome of the case. Our criminal defense firm, however, bases its mission on the ideal that each accused person is innocent until proven guilty. With this principle serving as the foundation of our work, our attorneys work tirelessly to defend clients charged with all criminal matters ranging from minor misdemeanors relating to drug possession to felony charges for homicide.

Regardless of the charges against you, we will work aggressively to defend you in a court of law. We routinely represent clients charged with the following crimes:
 
 
  • Violent Crimes
  • Sex Offenses
  • Drug Crimes
 
  • Burglary
  • Theft
 
  • Homicide
  • Arson
 
 
Sex Offenses
Sex crimes are among the most serious criminal offenses and can often result in lengthy jail sentences. In addition to prison time, sex crime convictions carry a social stigma which is often impossible to erase even after you have served your time. If you have been arrested for a sex-related offense, it is essential that you contact a knowledgeable criminal defense attorney right away. Our law firm has experience defending clients charged with a variety of sex-offenses including, but not limited to, indecent exposure, prostitution, lewd acts in a public place, possession of child pornography, sexual battery, rape and statutory rape. Our skilled sex crime attorneys will work to ensure your rights are protected and to help maintain your privacy in order to protect you and your loved ones.
Drug Crimes
Being charged with possession or distribution of drugs can often result in harsh penalties. In certain jurisdictions, even the most minor charge of simple possession may be punishable by a jail sentence or probation. If you’ve been charged with a drug crime, you should seek legal counsel immediately. Our attorneys will take the time to learn your case inside and out and to devise an aggressive defense strategy.
We will investigate the process by which the evidence was obtained for each charge. In many cases, drugs are found by law enforcement during an illegal search. In these instances, the evidence obtained may not be used against you in a court of law, leading the prosecution to drop the charges. If the evidence in your case was obtained legally, our drug defense lawyers can often negotiate with the prosecution and find alternatives to jail time which may include deferred adjudication or probation.

Violent Crimes
If you have been arrested for a violent crime, you should contact an attorney immediately. Crimes which are considered violent in nature include, but are not limited to, assault, battery, homicide, illegal weapon possession, terroristic threats, domestic violence, kidnapping and carjacking.
Our skilled criminal defense counsel is available to meet with you upon your arrest. We can explore your options and in certain cases, reduce the severity of the charges against you. To ensure that no self-incriminating statements are made, we will communicate directly with law enforcement on your behalf and will guide you on the best course of action to take to protect your rights.
Regardless of the type of crime, our law firm will take the time to learn all about you and the criminal charges you face during the initial consultation. Our attorneys will assess the strength of the evidence against you and advise you on all of the available options. If necessary, we have the ability to conduct a private investigation, contact witnesses and obtain other useful evidence. Treating you with the utmost respect, our criminal defense law firm will aggressively represent you to reach the best resolution, whether through a plea bargain or trial.
Orseck Law Office, PLLC is located in Liberty NY represents clients throughout the Hudson Valley including Sullivan County, Orange County, and Ulster County.
 
 

Divorce


 
wedding rings - Liberty, NY - Orseck Law Offices
 
The goal of any firm is to make divorce (or ending other long-term relationships) as simple and painless as possible so clients can move on with their lives. The divorce process requires considering a number of factors including division of assets, spousal support and child custody and support.
 

Division of Assets

Dividing the property of spouses during divorce can be quite difficult depending on how significant the assets are. These assets can include houses, rental property, retirement and pension plans, stock accounts, businesses, and more. If your divorce is contentious, then this can be especially complicated.

Reaching a negotiated settlement speeds the divorce process dramatically, and can save you money in legal fees. Moreover, in cases where you can’t come to an agreement, the court is going to use its judgement to impose a plan that is as fair as possible.

There are also state laws to consider as well as the difference between separate and marital property. In general, Separate Property includes any property that was owned by either spouse prior to the marriage; an inheritance received by the husband or wife (either before or after the marriage); and gifts received by the husband or wife from someone else.

On the other hand, property acquired during the marriage is usually considered Marital Property regardless of which spouse owns or has title to the property. State laws vary greatly in how Marital Property is treated (especially between Community Property & Equitable Distribution States), So consulting a qualified attorney is critical.

Spousal Support (Alimony)

Spousal support is also a consideration when it comes to the division of assets. There is no one rule for all marriages, so whether spousal support is going to be required is something that is going to depend on your specific situation.

The purpose of alimony is to help the receiving spouse maintain financially stability after a divorce. In general, courts award alimony is an amount that is “fair” under the circumstances and that the law requires.

Some considerations here include the standard of living established during the marriage, whether one spouse does not have enough property and income to provide for his or her “reasonable” needs, and whether the providing spouse has enough property or income to meet these needs. Finally, the issue of spousal support requires each partner to make a complete disclosure of their financial status including net worth.

Child Custody & Support

Child custody and support is more often a point of consideration than spousal support. In cases where there are minor children, issues of child custody and child support are going to be at the core of a divorce agreement.

In the past, states have handled matters of child custody and support in family court. However, the states have moved toward uniform standards concerning these issues. Moreover, depending on the child’s age and maturity level his or her wishes are considered by the court. The ultimate consideration is what is in the best interest of the child. In many cases, divorcing couples can reach an agreement for joint custody.

Child support is an ongoing payment made by a parent for the financial support of a child after a divorce or the end of another relationship. Depending on the state, the parent who has custody of the children is paid by the non-custodial parent. In the case of joint custody, the parent with the higher income generally pays child support.

Child support and custody can be a contentious issue in a divorce, and an attorney with expertise in divorce and family law can guide the parties to amicably resolving these matters.

Same-Sex Divorce

Now that the legality of same-sex marriage has been recognized, dissolving these relationships presents unique challenges including the full length of the relationship before a formal marriage. A same-sex divorce can involve more legal disputes than that of an opposite-sex couple simply because of the relatively new legal complications. These include when the partnership or marriage began and the rules that apply to pre-marital assets and debts. Particularly, courts also struggle to settle child custody disputes in cases where one parent is the biological parent and the other parent is an adoptive parent.

Orseck Law Offices PLLC was involved in novel federal litigation, regarding the government's recognition of same-sex marriage.

Other Methods of Resolving Conflicts at Divorce

There are ways to resolve divorce conflicts outside of the courts. There are three basic methods including negotiation, mediation, and new approach known as collaborative divorce.

Negotiation involves the parties working through a dispute until it is resolved. While divorcing spouses can do this on their own, lawyers can and do play a role in these negotiations.

Mediation, on the other hand, is a form of negotiation that involves a neutral party known as a mediator. However, a mediator is not a judge or an arbitrator and does not make decisions or issue rulings. But the mediator works with both spouses to resolve legal disputes, communicate more effectively and ultimately reach an agreement.

Finally, in a collaborative divorce, each party has an attorney that assists in the negotiation by acting as advocates for their clients. Both spouses and both attorneys must agree in writing that they will not take the case to court and will settle it instead. In the end, a collaborative divorce will only work when all the parties agree to not have a referee or judge manage the divorce.

The Bottom Line

Divorce is not something most couples plan on, but the statistics for long-lasting marriages say otherwise. In the case of a divorce, the issues are complex; and even more so by the emotions involved. In the end, a successful divorce is one that can be handled amicably, and this requires attorneys with the expertise and compassion to make it happen.
 
 

Administrative Law


 
seal of approval - Liberty, NY - Orseck Law Offices
 
Orseck Law Offices PLLC has long represented the citizens and businesses of the Hudson Valley in cases involving government administrative and entities, including:
 
 
  • Department of Environmental Protection
  • Department of Environmental Conservation
  • Environmental Protection Agency
  • Department of Health
 
  • Department of Education (including licensing litigation)
  • State Liquor Authority
  • Department of Transportation
  • Department of Corrections
 
  • Department of Motor Vehicles
  • Department of Labor
  • State Insurance Department
 
Call now for a free consultation regarding your administrative or regulatory concern
 
 

Commercial Litigation


 
ripped contract - Liberty, NY - Orseck Law Offices
 
It is not uncommon for individuals or businesses to find themselves involved in a legal dispute with another party. Disputes of this nature, such as a breach of contract, typically fall under what is known as commercial litigation which entails the use of courts or arbitrators for adjudication.

For plaintiffs involved in a litigation matter, the objective is to right a wrong, honor an agreement, or to obtain compensation for an injury. Defendants in a litigation matter will want to aggressively protect their rights in opposing the plaintiff’s claim.

Whether you are a plaintiff or defendant, hiring a qualified litigation attorney is crucial in achieving a successful outcome in your case.

Our litigation lawyers represent plaintiffs and defendants as individuals, partnerships, shareholders and corporations in the following types of cases:
 
Business related litigation
 
  • Fraud
  • Breach of contract
  • Dissolution or breakup of a business
  • Unfair business practices
 
  • Business disputes
  • Trade secrets
  • Non-compete covenants
  • Securities matters
 
  • Breach of warranties
  • Mechanics’ liens
  • Employment litigation
 
 
Our litigation attorneys work closely with clients to evaluate their potential claims or defenses related to the commercial, professional, employment, or personal dispute that is the subject of litigation. We represent clients before administrative agencies, alternative dispute resolution proceedings such as mediation or arbitration, jury or court trials in state and federal court as well as proceedings before appellate courts. We help clients prepare their case and counsel them on steps and procedures involved. A skilled litigation attorney can help clients leverage their negotiating position to reach a beneficial settlement which may be the most appropriate and economical manner of handing certain cases. However, when a dispute cannot be resolved satisfactorily, taking a case to court may be the best or only option.

When required, our litigation attorneys will engage and work closely with experts including investigators, accountants, economic impact analysts, and other relevant professionals.

If your legal dispute has risen to the level of litigation, our attorneys are ready to help.
Orseck Law Office, PLLC is located in Liberty NY represents clients throughout the Hudson Valley including Sullivan County, Orange County, and Ulster County.