Welcome to the personal injury law office of Barasch McGarry Salzman & Penson. We are a nationally known personal injury law firm, located in New York, with lawyers who concentrate in catastrophic injury and wrongful death cases arising out of auto accidents, construction accidents, plane, train and motorcycle accidents, and any other case where a serious personal injury was caused by someone’s negligence. Many of our clients are NYC firefighters who were injured in the line of duty. We also represent thousands of sick first responders and local residents who are survivors of the 9/11 World Trade Center attacks.
For more than 100 collective years, the personal injury attorneys at the New York law firm of Barasch McGarry Salzman & Penson have been seeking justice for victims of personal injury and wrongful death throughout New York and the United States.
Accident victims who file personal injury claims may be eligible for damages, which may include, but are not limited to financial compensation for loss of past and future income, pain and suffering, emotional distress and permanent disability. Families of the deceased can file a wrongful death civil law suit, which can help them recover damages for pain and suffering, lost wages, mental anguish, loss of companionship, loss of support and services, lost net accumulations (savings the decedent would have had), medical costs and other expenses.
Personal Injury cases, especially catastrophic injury cases, can often be complex, lengthy and costly to take to trial. You need an experienced law firm with the tools, technology, resources and financial capability to take on large corporations and insurance companies. Making the right decision on your legal representation could have a major impact on the outcome of your case.
We are committed to providing old-fashioned legal service along with the most current research and the latest in technology. Our cases are self-funded and we endeavor to work with the most qualified experts in their respective fields. We have handled thousands of cases (many high profile and complex) and have achieved numerous multimillion-dollar verdicts and settlements on behalf of our clients.
Our areas of practice
At our firm, we represent clients in personal injury cases involving:
Our attorneys have the skill and experience to handle the most complex injury matters.
Our credentials set us apart
When choosing an attorney to handle your case, you need one with in-depth knowledge of all aspects of personal injury law. You should certainly consider the experience and success of an effective accident lawyer. The attorneys of Barasch McGarry Salzman & Penson are experienced and boast a proven track record of success. What drives us every day is the desire to ensure that our clients get the compensation they deserve.
Because we are lawyers experienced in these kinds of cases, we understand exactly how New York law defines the elements of a case, including negligence, what constitutes injury, what kinds of damages a victim can claim and how effectively to negotiate favorable settlements on behalf of our clients. Most importantly, we never lose sight of the fact that we represent people in need, not corporations, not businesses, not insurance companies. You are our primary concern, and every client is treated dignity and respect as they navigate a difficult time in their lives.
Of course, choosing a lawyer who understands the intricacies of medical malpractice and personal injury cases in general is not enough. You also need a legal team behind you that has a proven track record of success dealing with your particular kind of injury to maximize your chances of winning your case. The attorneys of Barasch McGarry Salzman & Penson have comprehensive experience, and we have won hundreds of millions of dollars in verdicts and settlements for clients who suffered injuries for a vast array of reasons.
Highlights at Barasch McGarry Salzman & Penson
Representation of all accident Victims, including injured Firefighters, Police Officers and Emergency Medical Technicians
For the last 3 decades, the attorneys of Barasch McGarry Salzman & Penson have advocated for injured FDNY firefighters and other rescue personnel. We have successfully fought for injured firefighters, police officers and EMT’s against negligent building owners, and against landlords whose willful disregard and non-compliance with electrical and building codes has caused fires and injuries. We are honored to have represented the late James Zadroga, an NYPD detective and 9/11 first responder. A growing concern of the firm is tied to the first responders who assisted in the search for the victims of 9/11 at the World Trade Center getting cancer at an alarming rate … Read more
WTC Victim Fund
Our law firm represents thousands of sick and deceased 9/11 first responders and survivors. This includes downtown residents, office workers, students and teachers who were living and working south of Canal Street. The lawyers from our firm have been to Washington, D.C. many times to meet with the Department of Justice attorneys in charge of implementing the Zadroga Victim Compensation Fund. The Department of Justice wrote the original regulations that apply to claims. The National Institute of Occupational Safety & Health (NIOSH), has added over 68 cancers to the list of certified WTC conditions. They are compensable. Prior claimants can bring supplemental claims for their newly diagnosed cancers and subsequent disability findings.
Attorney Michael Barasch speaks out on drastic cuts announced by the Special Master and the pending VCF deadline
Unfortunately, so many people in the 9/11 community are getting sick and dying that the VCF is running out of money. When Congress passed the 9/11 Zadroga Act into law in 2011, it created the World Trade Center Health Program and the Victim Compensation Fund (VCF). But, cancers had not yet been linked to the WTC toxins by the Centers for Disease Control and Prevention (CDC) and The National Institute for Occupational Safety and Health (NIOSH). That link was made in 2013 and 2014.
When Congress reauthorized the Zadroga Act in 2015, it extended the Health Program for 75 years but the VCF for just 5 years. Billions of dollars were added to the VCF, but neither the CDC nor Congress anticipated the explosion in WTC linked illnesses and deaths, nor the subsequent claims submitted for compensation. As a result, while $5 Billion has been awarded to more than 25,000 people, actuaries at the VCF have concluded that the VCF’s Special Master must cut awards by 50-70%.
For any claim or amendment submitted on or before February 1, 2019, the calculated economic and non-economic loss amounts, before subtraction of offsets, will be reduced by 50%.
For claims or amendments submitted on or after February 2, 2019, the calculated economic and non-economic loss amounts, before subtraction of offsets, will be reduced by 70%.
Those who receive an award letter dated prior to February 25, 2019, will receive the full amount of their award.
The statute mandates that awards be cut in order to ensure that there are funds available for all claimants who file prior to the December, 2020 deadline.
To read the Special Master’s full announcement, visit the VCF website www.vcf.gov.
Working to fix this injustice
On February 25, 2019 Senator Kirsten Gillibrand of New York and Sen. Cory Gardner of Colorado introduced a bill to extend the Zadroga Act and ensure that all claimants receive full justice for their illnesses. Mike Barasch, Lee London, the firm’s 9/11 Managing Attorney, Richie Alles, the firm’s Director of 9/11 Community Affairs, joined 9/11 advocates Jon Stewart and John Feal, and dozens of first responders, downtown residents, office workers, students and teachers at a press conference in Washington, D.C. where the new bill was announced. They also walked the halls of Congress to meet with and educate legislators.
While we wait for Congress to pass this critical legislation, the VCF will continue to award compensation for both non-economic loss (pain and suffering) and, where appropriate, economic loss. Our law firm has recovered more than $2 Billion for over 10,000 of our clients.
Non-economic loss determinations have ranged from $0 to $340,000, depending on the severity of the illness, whether the illness is permanent, how it has affected a claimant’s quality of life, and whether the claimant has already been awarded compensation for the same illness in a prior WTC claim or lawsuit.
Economic loss awards are based on a claimant’s age, work history and prior income. Where a claimant has received a disability pension, Social Security disability award, or WTC litigation settlement, the VCF award will be commensurately reduced. The range of awards is evidence that the VCF is making awards on a case by case basis.
Remember that until Congress passes the pending legislation, future awards will be cut by 50-70% less than what they would have been prior to the recently announced reductions.
It will be up to you and the rest of the 9/11 community to make sure that your representatives in Washington vote in favor of the extension. Please visit https://www.renew911health.org/, the Citizens for the Extension of the Zadroga Act website, to find out if your Member of Congress is planning to support injured 9/11 Responders and Survivors, and is planning to be a co-sponsor the legislation to fully fund and extend the VCF. If they are, thank them for supporting 9/11 responders and survivors. If not, tell them that you are one of their constituents and you need them to sign on. Injured 9/11 responders, survivors and their families do not need speeches, they need action. “Remembering 9/11” should be more than a bumper sticker.
Bear in mind that the deadline for registering for compensation for a known illness is two years from the date that your illness is certified by the WTC Health Program or another governmental entity such as Workers Compensation or the Social Security Administration. And, the at this point, the deadline to submit new claims is December 18, 2092. Unless Congress extends it, that is the date that the Victim Compensation Fund will close forever. Please be assured that we will continue to fight this potential injustice.
Contact our lawyers for a free consultation
To speak with a New York injury lawyer at Barasch McGarry Salzman & Penson at no charge, call 888.746.8212 or contact us online. We can make a difference in your case and in your life.