Ben B. Rubinowitz
Top rated Personal Injury attorney in New York, New York
Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf
Practice Areas: Personal Injury, Medical Malpractice, Products Liability; view more
Licensed in New York since: 1982
Education: Hofstra University School of Law
Selected to Super Lawyers: 2006 - 2024 Call today:
646-846-4028
Free Consultation Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf
80 Pine Street34th Floor
New York, NY 10005 Visit website
Details
In recognition of his skills Ben Rubinowitz has been named "LAWYER OF THE YEAR" four times.
Throughout his 30-year legal career, Ben B. Rubinowitz has made his mark as a leading trial lawyer combining hard work and dedication with his remarkable courtroom skills and presence. He began his career as a prosecutor, where he honed the trial skills that would become his hallmark. Mr. Rubinowitz's meticulous approach to the preparation and trial of a case has produced 28 verdicts and over 200 settlements in excess of $1 million in cases arising out of automobile accidents, wrongful death, premises accidents, construction accidents, medical malpractice and products liability. In addition to his skills as a trial lawyer, Mr. Rubinowitz has successfully argued appellate cases before the Appellate Division and the highest court in the state of New York, the Court of Appeals.
For the fourth time Mr. Rubinowitz was named "Best Lawyers Lawyer of the Year". In 2017, Ben was named Personal Injury Lawyer of the Year, In 2016 Mr. Rubinowitz was named "Best Lawyers Lawyer of the Year" for Products Liability and in 2013 he was named "Best Lawyers Lawyer of the Year for Personal Injury for representing the victims of the Negligence of others. Most recently, Ben was named Best Lawyers "Lawyer of the Year" for 2018.
Mr. Rubinowitz's experience and legal acumen is also sought-after outside of the courtroom. He has appeared as a legal expert on Court TV, and he co-authors a regular column in the NY Law Journal on the subject of trial advocacy. To date, he has lectured in over 400 Continuing Legal Education Programs and was recently asked to lecture to Judges and mediators at the Judicial Institute. As a tribute to his success as a trial lawyer, Mr. Rubinowitz was asked to lecture to the NYS Judicial Conference on Medical Malpractice. He has also lectured at the Queen's Counsel Solicitors and Advocates in Edinburgh, Scotland. Mr. Rubinowitz serves as an adjunct professor of Law at Cardozo Law School where he teaches a course in advanced trial techniques.
Mr. Rubinowitz is a member of the International Society of Barristers, The International Academy of Trial Lawyers, American Association for Justice and the New York State Trial Lawyers Association. Mr. Rubinowitz is a member of the most prestigious bar association in the country, The Inner Circle of Advocates. The Inner Circle is an invitation-only organization whose membership is limited to the top 100 trial lawyers in the country. To become a member each lawyer must have had multiple million-dollar verdicts and possess the highest standing in his or her respective states. Most recently Best Lawyers, the oldest peer-review publication in the legal profession, has named Ben B. Rubinowitz as the 2018,2017, 2016 and 2013 New York City Personal Injury Litigation - Plaintiffs "Lawyer of the Year."
Contact Ben at 212 943 1090. Direct E Mail: [email protected]
Practice areas
Personal Injury - General: Plaintiff, Personal Injury - Medical Malpractice: Plaintiff, Personal Injury - Products: PlaintiffFocus areas
Birth Injury, Brain Injury, Construction Accident, Delayed or Incorrect Diagnosis, Informed Consent, Medical Devices, Medical Malpractice, Motor Vehicle Accidents, Motor Vehicle Defects, Personal Injury - Plaintiff, Pharmaceutical, Premises Liability - Plaintiff, Slip and Fall, Toxic Mold, Trucking Accidents, Wrongful Death
- 40% Personal Injury - General: Plaintiff
- 40% Personal Injury - Medical Malpractice: Plaintiff
- 20% Personal Injury - Products: Plaintiff
First Admitted: 1982, New York
Professional Webpage: http://www.gairgair.com/ben-b-rubinowitz.html
Bar/Professional Activity:
- Nation Institute for Trial Advocacy, Team Leader, Teaching Attorneys Trial Advocacy, 1982-Present Chair, Board of Trustees, National Institute of Trial Advocacy, 2018 - December 2020
- Past President of the New York City Chapter, American Board of Trial Advocates
- Member, American Association for Justice
- Member, New York County Lawyers Association
- Member, The Inner Circle of Advocates
- Fellow, The International Academy of Trial Lawyers
- Member, New York State Bar Association
- Ben is the Program Director and Team Leader of the "Drills" Program teaching advanced cross examination techniques to lawyers. Ben was Co-Director of the Flagship National Program teaching Trial Techniques to lawyers from across the Country., 2020
- Fellow , International Society of Barristers
- Dean, New York State Trial Lawyers Association
Educational Background:
- JD Hofstra Law School, 1981
- Boston University, Magna cum laude with Distinction, 1978
Honors/Awards:
- In 2011, Ben became a member of the Inner Circle of Advocates, an invitation only organization of the Top 100 Plaintiff's Trial Lawyers in the Country. The Prentice Marshall award was presented to Ben Rubinowitz at the New England Regional NITA Program in Boston, Massachusetts in December, 2008. Ben was recognized for his outstanding contributions as a Faculty Member at the National Institute for Trial Advocacy for over 25 years. In 2009 Ben was elected by his peers to the Board of Trustees of The National Institute for Trial Advocacy. He is one of only 19 members nationwide elected to this prestigious position. Ben has also been recognized as an expert in his field having been asked by the New York Law Journal to be a featured writer on the Field of Trial Advocacy. He has been a featured writer and contributor to this scholarly journal for the past decade., The Prentice Marshall Award, NITA, 2007
- The Prentice Marshal award was presented to Ben Rubinowitz at the New England Regional NITA program in Boston, Massachusetts in. Ben was recently awarded the position of “Editor-In-Chief” of Smart Litigation, a publication of the New York Law Journal. Ben was recognized for his contributions as a Faculty Member at the National Institute for Trial Advocacy for over 25 years of outstanding service. Ben was elected by his peers to the Board of Trustees of the National Institute for Trial Advocacy. He is one of only 19 members nationwide elected to this prestigious position. Ben has also been recognized as an expert in his field having been asked by the New York Law Journal to be a featured writer on the Field of Trial Advocacy. He has been a featured writer and contributor to this scholarly journal for the past decade.
- Best Lawyers in America "LAWYER OF THE YEAR" 2017 Plaintiff's Personal Injury New York City, Best Lawyers in America "LAWYER OF THE YEAR" 2013 Personal Injury Best Lawyers in America "LAWYER OF THE YEAR" 2016 Products Liability
- Lawyer of the Year 2018 Lawyer of the Year 2017 Lawyer of the Year 2016 Lawyer of the Year 2013 Lawyer of the Year Award for Products Liability, Lawyer of the Year, Best Lawyers in America, 2016
- Ben was awarded the highest rating possible in the Martindale-Hubbell Peer Review List Best Lawyers, the oldest peer-review publication in the legal profession, has named Ben B. Rubinowitz as the 2013 New York City Personal Injury Litigation - Plaintiffs "Lawyer of the Year.", Best Lawyers of America, 2013
- For the third time Ben Rubinowitz was voted Best Lawyers "Lawyer of the Year" for Plaintiff's Personal Injury Litigation. Ben was also voted "Lawyer of the Year in 2016 and 2013., Best Lawyers "Lawyer of the Year", 2017
Videos:
- In this video Ben Rubinowitz demonstrates successful techniques for the trial of a Wrongful Death case focusing on both liability and damages. , Demonstration Summation Wrongful Death Case, Trial Lawyers, Law Students, 2020
- In this video, renowned New York trial lawyer Ben Rubinowitz demonstrates an examination by the plaintiff's attorney of an adverse witness. In this example, the witness is a site foreman with experience in the construction industry. The technique of the examination was to lead the witness to embrace his role as the person in charge of the site. He was in control of the overall safety on the site since the New York Labor Law imposes this duty on the owner and general contractor. In addition to his experience, the witness should be familiar with any contractual obligations in the contract with the owner. He should also be able to answer questions about custom and practice in the industry. New York Personal Injury Lawyer Ben Rubinowitz conducted the cross. , Cross Examination in a Construction accident case, Trial Lawyers, Law Students, 2021
- The Appellate Division of New York just allowed $29 million for Pain and Suffering in the case of a young man who suffered catastrophic burn injuries during a botched chemistry experiment in a NYC high school. Although the jury verdict was reduced, the award remains the largest award for Pain and Suffering ever affirmed by an Appellate Court in New York State. This award is nearly 50% higher than the previous record setting award., Appellate Argument , Largest Pain and Suffering award ever in New York State, Trial Lawyers, Law Students, 2022
Other Outstanding Achievements:
- Ben became the Chair of the Board of Trustees at the National Institute for Trial Advocacy., 2020
- Moderator and Speaker, The Child Victims Act, THE JUDICIAL INSTITUTE, 8/3/2021. Educational teaching to New York State Judges at their annual conference. Discussion as a member of the Plaintiff’s Steering Committee for all CVA cases in New York City. Moderator and Speaker, Medical Malpractice / COVID and the Courts, THE JUDICIAL INSTITUTE, 8/2/2021. Educational teaching to New York State Judges at their annual conference., 2021
- Ben became a member of the Inner Circle of Advocates, an invitation only organization of the Top 100 Trial Lawyers in the Country., 2011
- Editor in Chief of Smart Litigator, published by ALM The New York Law Journal, 2011
Scholarly Lectures/Writings:
- In this article the authors show the importance of ethical considerations in trial practice., Author, The Ethics of Trial Practice, New York Law Journal, Trial Lawyers, Law Students, 2021
- To many trial lawyers, jury selection holds the key to a successful verdict. For this reason, it is crucial to carefully explore juror attitudes, biases, and beliefs during voir dire. In contrast to a “one size fits all” approach to jury selection, lawyers would be far better served by carefully crafting their questions to provide insight into a juror’s mindset. If conducted properly, not only will the information gleaned during voir dire inform a lawyer’s decision of whether or not to challenge that juror, but additionally, it will offer valuable information that can be used effectively to emphasize points during the course of trial. In particular, during jury selection, trial lawyers should avoid asking check list type questions., Author, Strategic Jury Selection, New York Law Journal, June 18 2021, New York Law Journal, Trial Lawyers, Law Students, 2021
- As consumers of various products and services, we often place our trust and reliance in those who make weighty decisions that have the potential to impact our health, safety, and well-being. The concept of trust and reliance permeates almost every aspect of our lives; however, we rarely, if ever, stop to contemplate whether our trust and reliance should properly be placed in those who make these weighty decisions in the first place., Author, Trust and Reliance: A Powerful Theme for Cross, New York Law Journal, May 7 2021, New York Law Journal, Trial Lawyers, Law Students, 2021
- Chair, Construction Site Accidents - - The Trial of a Labor Law case, New York State bar Association, 2009
- Common Mistakes on Direct Examination, December 28, 2010
- Direct and Cross Examination Skills, Trial Academy of the N.Y. County Lawyers' Assn.
- Suffolk County Bar Association, Directed Cross Examination Skills, April 8, 2008
- "Trial Advocacy, Economic Testimony: From Lay Witness to Economist, New York Law Journal, 2003
- Using Operative Terms From Jury Charge in Cross-Exam, 7/26/2007
- "Using the Internet As A Tool for Cross Examination," New York Law Journal, February 28, 2011
- Lecturer, Continuing Legal Education
- Winter Urologic Forum Scientific Program, State of the Art Urology; Lecture: Issues in Medical Malpractice sponsored by the Postgraduate Institute of Medicine
- "Trial Advocacy, The Deposition as a Tool For Trial", New York Law Journal, 2003
- Continuing to Try Your Case After the Summations, 5/4/2006
- "Dealing with Damages In Voir Dire and Summation," New York Law Journal, April 25, 2011
- Trial Advocacy Training Program, Corporation Counsel, N.Y.C.
- N.Y.S.T.L.I., 2008
- "Trial Advocacy, The Cross Examination of the Radiologist in a Soft Tissue Case", New York Law Journal, 2003
- Trial Advocacy, Golden Rule Violations: Placing the Jury in the Shoes of Your Client", New York Law Journal, 2003
- Compendium of Trial Advocacy Drills , by Robert Stein & Ben Rubinowitz, NITA, 2006
- "Good As Gold: Using Analogies and Short Stories in Summation," New York Law Journal, June 28, 2011
- Lecturer, 1999-Present, National CLE Program
- Chair, Construction Site Accidents: The Law and The Trial, New York State Bar Association, 2007 and December 2008
- "Trial Advocacy, Direct Examination of a Hostile Witness", New York Law Journal, 2004
- Direct Examination is an Overlooked Art Within Trial Practice, 10/29/02
- Depositions: An Important Tool for Trial, New York Law journal, August 23, 2011
- "How To Try An Auto Accident Case", N.Y.S.T.L.A.
- Update on Trucking Litigation and Claims, N.Y.S.B.A., 2006
- "Authoritative Texts and Cross-Examination of Medical Experts", New York Law Journal, 2007
- Dealing With Monetary Damages from Voir Dire to Summation, 11/29/01
- Proving Liability Through Injuries, New York Law Journal, October 28, 2011
- Openings and Closings Seminar, N.Y.S.T.L.A.
- Bronx County Bar Examination, Lecture, How to Cross Examine an Expert, 2006
- North Shore University Hospital, The Criminalization of Medical Malpractice
- "The Use of Hypothetical Questions as Weapons at Trial", New York Law Journal, 2006
- The Use of the Rhetorical Question on Summation, 5/16/01
- Examining the All-Purpose Expert, New York Law Journal, December 29, 2011
- Lecture on Medical Malpractice, Winter Urological Forum, Duke University School Of Medicine
- Grand Rounds, Mt Sinai School of Medicine, New York City., Speaker, Medical Malpractice, 2011
- "Hypothetical Questions on Cross", New York Law Journal, 2006
- Program Director, National Program, National Institute for Trial Advocacy, Summer, 2012
- Aggravation of a Pre-Existing Medical Condition, New York Law Journal, April 23, 2012
- "Perspectives on Medical Malpractice", Long Island Radiologic Society
- Trial Advocacy, Common Mistakes on Direct Examination, New York Law Journal, 2011
- "Jury Selection: Time Constraints and Weaknesses in Cases", New York Law Journal, 2007
- CHAIR, Master's Program, New York State Trial Lawyers Association, May and June 2012
- Controlling Witnesses on Direct and Cross, New York Law Journal, June 19, 2012
- "Dealing with the New York State Judicial Conduct Commission", New York State Supreme Court Judges Association
- How to secure large jury verdicts by bringing out the full extent of the client's pain and suffering., Chair, Masters Series, New York State Trial Lawyers Institute, 2011
- "Proving Damages in Wrongful Death Case", New York Law Journal, 2007
- Featured Speaker, Suffolk County Bar Association, The Trial of a Medical Malpractice Case- Opening Statements, April
- Ben was asked to CHAIR the CLE Program as a result of his expertice in representing victims of catastrophic injuries. Ben continually shares his expertise with trial layyers throughout the country., CHAIR, THE BASICS OF CIVIL TRIAL PRACTICE, New York State Bar Association, 2013
- Masters Class in Jury Selection, Brooklyn Bar Association, April 3 2006
- Ben was asked to lecturer at the Winter Urologic Forum, the premier National meeting of the Top Urologists in the Nation. Ben spoke to the doctors from the perspective of a trial lawyer who has represented individuals who had been injured as a result of medical malpractice., Featured Lecturer, Winter Urologic Forum, 2011
- Trial Advocacy, The Opening Statement in the Herniated Disc Case", New York Law Journal, 2005
- Featured Speaker, Winter Urologic Forum, Medical Malpractice, January 2012
- Program Director for the NITA National Program, Program Director, National Institute For Trial Advocacy, 2015
- "Cross Examination," Bronx County Bar Association, April 19, 2006
- ATLA, "Thinking Inside the Box: Jury Selection and Opening Statement Seminar," April 21-22, 2006, Austin, TX
- Methods for exposing key points during cross examination., Lecturer, Maximizing Success : Effective Cross Examination Techniques, St. John's Law School, 2011
- "Trial Advocacy, The Virtue of Patience: Setting Up Expert Witness on Cross-Examination", New York Law Journal, 2005
- Featured Speaker, Decisions 2011, NYSTLA
- Featured Speaker at the annual Judges Conference, Saratoga Springs, NY. Lecture on Medical Malpractice to New York State Judges, Featured Speaker, New York State Judicial Conference, 2015
- Chair, "Examination of Medical Witnesses," N.Y.S.T.L.A., 2006
- Lecturer, National Urologic Conference, 2011
- "Trial Advocacy, The Trial of a Soft Tissue Injury Motor Vehicle Case", New York Law Journal, 2005
- Guest Lecturer, St. John's Law School, Successful Cross Examination of Experts
- Featured Speaker at the National Conference. Lecture: Cross Examination: The Anger Factor., Featured Speaker, Go Big Or Go Home, Plaintiff's Trial Bar, 2015
- Lecture: Medical Malpractice, A Plaintiff's Perspective, Featured Speaker, Grand Rounds, Winthrop University Hospital, 2015
- Kings County Bar Association, Jury Selection Seminar, 2006
- This program focused on maximizing damage awards for seriously injured clients., Co-Chair, The Trial of a Personal Injury Case, Nassau County Bar Association, 2011
- "Trial Advocacy, Who's Up First? Issues Related to Order of Summation", New York Law Journal, 2005
- Chair, Construction Site Accidents, New York State Bar Association, December, 2011
- Trial Demonstration, Opening Statements, Featured Speaker, Anatomy Of A Trial, New York City Bar Association, 2015
- "Social Security Disability Law Forum," Cross Examination of Medical Experts, N.Y.C., 2007
- Proving Your Case Through Adverse Witnesses, New York Law Journal, 2010
- "Trial Advocacy, Impeachment With a Prior Inconsistent Statement", New York Law Journal, 2006
- Panelist, The Judicial Conduct Commission, November 2011
- Chair, Cross Examination Seminar, N.Y.S.T.L.A., 2000-Present
- Trial Demonstrations of Opening Statements and Closing Arguments., CHAIR, Masters Program, New York State Trial Lawyers, 2015
- Chair, "Construction Site Accidents: The Law and The Trial," New York State Bar Association, 2007
- Common Mistakes on Direct Examination, New York Law Journal, 2010
- Cross Examining A Medical Witness, New York Law Journal, 2008
- Chair, Basics of Civil Practice -- The Trial, New York State Bar Association, November, 2011
- Trial Practice Training Program, S.D.N.Y., United States Attorneys Office
- Attorneys are now obligated to conduct a Social Media check of their clients not just during intake but throughout the pendancy of the case. The failure to conduct a detailed search could well result in an adverse verdict., Author, Protecting Your Client From Their Own Social Media, 2017
- Lecture and Trial Demonstration on how to enhance Damage Awards by exposing the less than honest witness., Speaker, Cross Examination : Maximizing Damages, Texas Trial Lawyers Association, San Antonio Texas, 2015
- "Decisions," N.Y.S.T.L.A., Trial Practice, 2007
- This article shows trial lawyers how to maximize damage awards in motor vehicle and car accident cases, medical malpractice cases and Wrongful Death claims., Dealing With Damages In Voir Dire And Summation, New York Law Journal, 2011
- The Cross Examination of the Defense Economist, The New York Law Journal, 2008
- Chair, Masters Program, Westchester County, New York, September 2011
- "Trial Advocacy, Some tips On Rules, Time Constraints, Questioning Techniques", New York Law Journal, 2000
- Article published in the New York Law Journal, 2015, Attacking the Electronic Medical Record, New York Law Journal, 2015
- Chair, Masters Of The Art Of Trial Advocacy, January 16, 2007; February 26, 2007; March 19, 2008
- The Cross Examination of the Forensic Psychiatrist, Lecture with Justice Arthur Diamond, 2010
- "Trial Advocacy, Introduction of Exhibits in Civil Cases", New York Law Journal, 2006
- Team Leader, Edinburgh, Scotland, Lecture and Demonstration to the Advocates
- Featured Lecturer, New York State Bar Association, How to Commence a Civil Lawsuit, Depositions, May, 2011
- "Trial Advocacy, The Opening Statement", New York Law Journal, 2000
- NYSTLI, 2008
- Prep is Key to Cross- Examining Medical Witness, 5/29/08
- "Trial Advocacy, Common Mistakes and Simple Remedies", New York Law Journal, 2006
- Featured Lecturer, National Winter Urologic Forum, "Representing Patients Who Have Been Injured Through Medical Negligence," January, 2011
- "Jury Selection Strategy, Cross-Examination Of A Medical Expert", New York Law Journal, 2000
- Article published in the New York Law Journal, 2015, From Opening to Summation : Making First Impressions Count, New York Law Journal, 2015
- Winter Urological Forum Scientific Program, State of the Art in Urology; Lecture: Issues in Medical Malpractice, sponsored by Postgraduate Institute for Medicine
- Getting the Big Picture: Using Exhibits Throughout a Trial, 7/31/08
- "Redirect Examination", New York Law Journal, 2007
- Chair, Construction Site Accidents, NYSBA, 2010
- Featured Speaker, Dutchess County Bar Association, "Successful Trial Techniques -- Direct and Cross Examination."
- Article published in the New York Law Journal, 2015, Scaled Questions During Jury Selection, New York Law Journal, 2015
- North Shore/Long Island Jewish Hospital, Cross Examination of the Forensic Psychiatrist, April 18, 2008
- The Art of Jury Selection: Working With Challenges, 8/29/08
- "Prep Is Key to Cross-Exam of Examining Medical Witness", New York Law Journal, 2008
- Guest Lecturer, Cardozo Law School, Opening Statements, 2010
- "Trial Advocacy, Cross Examination Of a Medical Expert: Collateral Attack", New York Law Journal, 2000
- Article published in the New York Law Journal, 2015, Cross Examining the Mistaken Witness, New York Law Journal, 2015
- Suffolk County Bar Association, Directed Cross Examination Skill, April 8, 2008
- The Cross Examination of the Defense Economist, 10/31/08
- "Getting the Picture: Using Exhibits Throughout a Trial", New York Law Journal, 2008
- Featured Speaker, Views From a Patient's Lawyer, Medical Liability Mutual Annual Seminar, Albany, NY 2010
- "Trial Advocacy, The Use Of The Rhetorical Question On Summation", New York Law Journal, 2000
- Confronting Difficult Issues in Jury Selection Head On, New York Law Journal, August 2016Use of Supporting Evidence With the IME Physician at Trial, New York Law Journal, April 25 2016Winning With Failures and Omissions, New York Law Journal, February 10 2016
- St. John's Law School, Mastering the Art of Cross Examination, April 11, 2008
- Dealing with Weaknesses and Maintaining Credibility, October 20, 2009
- "Trial Advocacy, The Use of Photographs in Personal Injury Cases", New York Law Journal, 2004
- "Trial Advocacy, Tips on Narrative Direct Examination", New York Law Journal, 2004
- Nassau Suffolk Trial Lawyers, How To Be An Effective Advocate, 2010
- "Trial Advocacy, Cross Examination of Vocational Rehabilitation Experts", New York Law Journal, 2001
- Ben lectured to Physicians and Residents about the dangers of Electronic Medical Records making clear that the failure to properly check the record and input correct data will not only result in a potential medical malpractice case but will result in harm to the patient. , Grand Rounds, 2017
- The Effective Use Of Exhibits Throughout Trial, 2008
- Jury Selection: Dealing with Damages in Era of Tort Reform Trial Advocacy, December 23, 2008
- "Trial Advocacy, Voir Dire in Medical Negligence Cases: A Plaintiff's Perspective", New York Law Journal, 2004
- Team Leader, National Program, National Institute for Trial Advocacy, 2010
- "Trial Advocacy, The Use Of The Analogy During Trial", New York Law Journal, 2001
- Ben lectured to more that 100 State Supreme Court and Appellate Court Judges regarding The NYS Commission on Judicial Conduct. The lecture focused on how to avoid the Commission and what to do if a Judge is the subject of an investigation by the Commission., Featured Speaker, The NYS Commission On Judicial Conduct, NYS Judges Annual Convention, 2017
- Rethinking the Chronological Presentation of Evidence, New York Law Journal, 2009
- Rethinking the Chronological Presentation of Evidence, 7/28/09
- Trial of A Soft- tissue Knee Injury Case, August 27, 2009
- Chair Lecturer, Examination of Medical Witnesses, 2006
- Howrey Law Firm, Faculty Trial Techniques Course, 2010
- "Trial Advocacy, The Tale of The Tape: Dealing With Video Surveillance Of Your Client", New York Law Journal, 2001
- The article educates trial attorneys on techniques to deal with Immigration Bias., Confronting Immigration Bias in Jury Selection, New York Law Journal, 2017
- The Trial of a Soft Tissue Injury Case, New York Law Journal, 2009
- Control During Cross Examination: Stopping the Run Away Witness, November 19, 2009
- Proof of Damages Seminar, Practising Law Institute
- St. John's Law School, How to Cross Examine Effectively, 2010
- "Trial Advocacy, Focusing On The Negative In An Independent Medical Exam", New York Law Journal, 2002
- Dealing With Weaknesses and Maintaining Credibility, New York Law Journal, 2009
- Exposing Biased Testimony on Cross, February 23, 2010
- Trial Tactics Seminar, N.Y.S.T.L.A.
- Guest Lecturer, Annual Dinner Nassau/Suffolk Trial Lawyers Association, Crucial Aspects of Trial Advocacy
- "Trial Advocacy, Cross-Examination: The Basics", New York Law Journal, 2002
- Control During Cross : Stopping the Run Away Witness, New York Law Journal, 2009
- Cross Examination, Dealing with Changing Testimony: From Set Up to Knock Down, April 22, 2010
- Lecturer, Fordham Law School, Continuing Legal Education
- Long Island Radiologic Society, Lecturer to Physicians, What you need to know about Medical Malpractice, 2009
- "Trial Advocacy, The Voice Of Reason: A Powerful Approach To Cross-Examination", 2002
- Lecturer, How to Try a Medical Malpractice Case, New York City Bar Association, 2010
- The Adverse Direct Examination of a Defendant Doctor, July 6, 2010
- Lecturer, Master Advocates Program, N.I.T.A.
- How to Deliver Effective Opening Statements and Closing Arguments, Chair, Masters Series, New York State, 2009
- "Trial Advocacy, The 'Freeze-Frame' Technique: A Method For Exposing Key Points", New York Law Journal, 2002
- How to Deliver Effective Opening Statements and Closing Arguments, Chair, Masters Series, New York State Bar Association, 2009
- Chair, Masters of Trial Advocacy, New York State Trial Lawyers Association, February and March, 2009
- Preserving and Protecting the Trial Record, August 30, 2010
- Jury Selection Seminars, N.Y.S.T.L.A., 2000-present
- Lecturer, Winning Cross Examination, Saint John's Law School, April, 2009
- "Trial Advocacy, Direct Examination: The Basics", New York Law Journal, 2002
- Lecturer, Maximizing Damage Awards: How to appropriately and successfully represent the victims of Construction Site Accidents
- Proving Your Case Through Adverse Witnesses, November 1, 2010
- Rising Star Seminar, N.Y.S.T.L.A., 2000
- Lecturer, Summation, Bronx County Bar Association, February, 2009
- Trial Advocacy, Cross Examination Of Medical Doctors: Recurrent Themes, 2003
Verdicts/Settlements (Case Results):
- Record Setting $29 Million Award allowed by the First Department Appellate Division for a 16 year old child burned in his High School Chemistry Class. This is the largest award for Pain and Suffering ever allowed in New York State History. , 2022
- $2 million settlement in a Medical Malpractice case in which the wrong medication was administered to the patient resulting in neurologic injury. , 2021
- $59,125,000.00 Verdict for a young man injured in a botched science experiment conducted by his 10th grade high school teacher and the NYC Board of Education. The injured man suffered 3rd degree burns to 31% of his body. , 2019
- $27,500,000 Settlement against the Diocese of Brooklyn for the Sexual abuse of 4 young boys., 2017
- $8,000,000 settlement for a Wrongful Death case in which a 23 year old mother was killed by a drunk driver. The woman who was killed was survived by her husband and her 4 year old daughter . The young child was entitled to compensation for the loss of her mother – expressed legally as her loss of parental care, support and guidance. This is the largest award in New York State for the death of a mother leaving one child surviving her.
- $71,000,000.00 Verdict, New York Supreme Court, for a young woman injured in a Motor Vehicle Accident suffering Spinal Injuries. As a result of the accident she suffered a neurogenic bladder among other injuries., 2018
- $42,500,000.00 Verdict for the Wrongful Death of a NYC Sanitation Worker, 2018
- $2,000,000 recovery in a Medical Malpractice case for a man whose physician failed to timely diagnose his prostate cancer. In this case, the treating physician ignored the rise in the PSA results and failed to notify the patient of the significance of the result. The doctor departed from accepted standards of care by allowing 9 months to go by before conducting a biopsy. By the time the cancer was discovered, it had spread outside of the seminal vesicles -- which suggested a much worse prognosis. As a result of the pre-trial work done in this case, the doctor’s entire insurance policy was offered to settle this claim.
- $5,000,000 settlement in a Wrongful Death case in which a man (father and husband) was killed in an auto accident. The defendant driver failed to pay proper attention to the road conditions and traffic patterns and as a result of his failure to keep a reasonable and proper lookout, slammed into a car that was forced to stop on the Long Island Expressway due to traffic. This young father and husband was killed instantly by the negligent actions of the defendant driver.
- $1,800,000 verdict for a man who suffered the loss of his spleen due to a construction site accident.
- $4,000,000 settlement for a woman who was struck by a bus and suffered a severe knee injury.
- $1,500,000 verdict in a Medical Malpractice case in which a woman underwent surgery for a hernia repair. During the procedure the surgeon negligently transected her ilioinguinal nerve causing a loss of sensation to a portion of her vagina. Although the defense never made an offer in this case, the jury agreed that the surgeon departed from accepted standards of care and that this injury was not simply a “risk of the procedure.” Although the Trial Court reduced the verdict on a defense motion to $750,000 claiming that the Westchester jury allowed too much for her pain and suffering, Mr. Rubinowitz successfully argued this case before the Appellate Division and was able to reinstate the original $1,500,000 verdict, plus interest.
- $17,250,000 verdict for a 43 year old man who was rendered partially incontinent as a result of a doctor committing Medical Malpractice in failing to diagnose a spinal arterial-venous malformation (AVM). The man, who lived in upstate New York, had complained of progressive sensory and motor loss below his waist; however, his complaints were largely ignored by his treating physician. As a result of this medical negligence the man suffers from sensory loss and walks with a noticeable limp. The case was tried in Onondaga Supreme Court and was, at the time, the largest verdict in the county.
- $3,000,000 for a construction worker who suffered a herniated cervical and lumbar disc after falling 10 feet from a scaffold. In this case, the man who was injured suffered from a pre-existing neck and back condition for which he had been treated in the past. The claim was based on the aggravation and exacerbation of the pre-existing condition which now prevented the man from returning to work as a carpenter.
- $7,750,000 for injuries suffered in a Snowmobile accident in Upstate New York. The case was tried in Malone, New York. This record result in Franklin County , New York is the largest personal injury award to date., 2016
- $41.5 Million Verdict for the family of a 43-year-old sanitation worker who was killed by a street sweeper truck. The victim, a New York City Sanitation Worker, was in a city garage making adjustments to his truck, a street sweeper, when he was fatally struck by another street sweeper. He suffered 2 to 3 minutes of excruciating pain before dying at the scene of the accident. He left behind a wife and 4 children. The victim who had been working for the city for 18 years, including 4 as a New York City Policeman, was set to retire from the City in 2 years. His goal was to become a Financial Planner. The record setting award was for the Wrongful Death of a father and husband including loss of Parental Care and Guidance, financial loss and pain and suffering of the victim.
- $2,500,000 settlement in a Medical Malpractice case for a man whose physician failed to timely diagnose bladder cancer. The man had complained to his doctor of urinary urgency and frequency; however, his doctor simply attributed these symptoms to prostatitis without doing a full urologic work-up. When the man returned 6 months later, he was now complaining of the same symptoms along with blood in his urine. His doctor still failed to do a complete work-up. When another physician properly performed a cystoscopic examination the following month, the bladder cancer was diagnosed. As with all cancers, the earlier the diagnosis the better the outcome. Here, the claim was that his first treating physician deviated from the standard of care by failing to timely diagnose the patient’s bladder cancer which prevented him from receiving appropriate treatment at an earlier point in time.
- Verdict April, 2007 $6,200,000 Verdict on behalf of a Construction Worker injured when he fell from a scaffold. He suffered a fractured elbow and pelvis. The jury awarded $4,250,000 for past pain and suffering and $2,000,000 for future pain and suffering.
- $10,000,000 settlement for a woman who suffered severe injuries to her legs as a result of the negligence of a bus driver. An MTA bus lost control while attempting to park and struck a pedestrian who was lawfully in the bus waiting area.
- $2,000,000 recovery in a Medical Malpractice case for a man whose physician failed to timely diagnose his prostate cancer. In this case, the treating physician ignored the rise in the PSA results and failed to notify the patient of the significance of the result. The doctor departed from accepted standards of care by allowing 9 months to go by before conducting a biopsy. By the time the cancer was discovered, it had spread outside of the seminal vesicles -- which suggested a much worse prognosis. As a result of the pre-trial work done in this case, the doctor’s entire insurance policy was offered to settle this claim.
- Record Setting $71 Million Verdict for a 19 year old woman who suffered a broken back in a NY Car Accident. The Victim suffered a fracture of Lumbar Vertebra L1 resulting in a Spinal Injury. Although she is now able to walk with braces, she will require continued medical care, including Psychological, Physical and Occupational therapy for the rest of her life. After a 3-week trial, the jury awarded $60 million for her medical needs over her lifetime, $5 million for her past pain and suffering and $6 million for her future pain and suffering. This is the largest award in the Country for this type of injury.
- $8,000,000 settlement during trial in a Medical Malpractice case in which a newborn baby was given excessive amounts of a hypertonic solution to treat a bowel obstruction. In this case, the pediatric surgeon administered 300cc’s of a hypertonic solution when he should have administered 30-60cc’s . As a result of this departure from accepted standards of care, the baby suffered a brain injury.
- $1,900,000 recovery for a pedestrian who was struck by a driver. The injured man who was in his 80's suffered a mild traumatic brain injury.
- $4,800,000 verdict for the Wrongful Death of an 8 year old child killed as the result of the negligence of a truck driver. This case was brought against the Truck Driver, the New York City Department of Transportation and Parks Department. Although the Truck Driver ran a red traffic light, the city was also responsible for this accident. The truck driver claimed he could not see the traffic light. The proof at trial revealed that the traffic light itself was not visible -- even at the time it was installed – because it was set up behind a large tree which obstructed the view of oncoming motorists. The jury found both the driver and the city at fault for causing this accident and killing an 8 year old girl.
- $1,750,000 verdict in a Medical Malpractice case. A 51 year old woman underwent aortofemoral bypass surgery in an upstate hospital to relieve blocked arteries. During the procedure, the surgeon negligently nicked her bowel causing a peritonitis (an infection). As a result of the bowel injury the woman had to undergo additional surgeries . The jury returned a $1,750,000 verdict for her pain and suffering.
- $26,000,000 settlement for a pedestrian struck by a truck in a Personal Injury and Wrongful Death action. The decedent was a research analyst at a well regarded brokerage firm who was on her way to work when the truck made a right turn striking her while she was walking in the cross walk. She was killed in this accident leaving behind her husband and their young child.
- $3,300,000 for a woman who suffered a Traumatic Brain Injury after being struck by a truck while she was crossing the street
- $7,125,000 verdict for a man injured in an automobile accident who suffered knee injuries including a torn anterior cruciate ligament, posterior cruciate ligament and medial collateral ligament. The case was brought against the City of New York for its failure to properly close the West Side Highway when construction was taking place. This is the largest verdict ever for such injuries in New York. , 2016
- $11,400,000 verdict for the sexual abuse of two teenagers. A youth minister repeatedly raped and sodomized two teenagers that were part of his Parrish. The case was brought for the negligent hiring and retention of the Minister and for the emotional distress suffered by the teenagers. The jury concluded that the defendants acted with reckless disregard for the health, safety and wellbeing of the teens. Both Teens suffer from Post Traumatic Stress Disorder.
- $1,200,000 verdict for a woman who, while riding her bicycle, suffered a lower back injury (herniated disc) after being struck by a car.
- $3,000,000 settlement during trial for a motorcycle driver injured after being struck by a NYC Sanitation Department truck. The case was tried in New York County. The city mounted a vigorous defense claiming the plaintiff motorcyclist improperly passed on the left of the truck while it was in the left lane. The plaintiff's scientific proof, however, made clear that the truck was not in the left lane as claimed, but was in the center lane. The plaintiff suffered knee injuries., 2016
- $10,000,000 settlement for a woman rendered blind as a result of being struck by a drunk driver. The Drunk Driver, who was convicted criminally for Driving While Intoxicated and Criminally Negligent Homicide, had a limited Insurance Policy. As a result of our thorough investigation, it was determined that this driver had been served alcoholic beverages at a restaurant while he was visibly intoxicated. This is a violation of the New York State Dram Shop Law which prohibits bars and restaurants form continuing to serve alcoholic beverages when a patron has had too much to drink. Both the driver and restaurant were at fault for this accident. Mr. Rubinowitz successfully argued this case before the highest Court in the State - - The New York Court of Appeals, winning a 7-0 decision in favor of his client.
- $2,000,000 verdict for a man who suffered a fractured hip and head trauma in a train accident.
- $41.5 Million Verdict for the family of a 43-year-old sanitation worker who was killed by a street sweeper truck. The victim, a New York City Sanitation Worker, was in a city garage making adjustments to his truck, a street sweeper, when he was fatally struck by another street sweeper. He suffered 2 to 3 minutes of excruciating pain before dying at the scene of the accident. He left behind a wife and 4 children. The victim who had been working for the city for 18 years, including 4 as a New York City Policeman, was set to retire from the City in 2 years. His goal was to become a Financial Planner. The record setting award was for the Wrongful Death of a father and husband including loss of Parental Care and Guidance, financial loss and pain and suffering of the victim..
- $8,000,000 settlement for a man who lost his wife as a result of the negligent and reckless conduct of a man who drove while intoxicated (DWI). The drunk driver was fully at fault for the accident.
- $1,200,000 settlement for a man who suffered a burst fracture of a lumbar vertebra due to an unsafe condition at a school.
- $5,000,000 settlement in a Wrongful Death case in which a bar permitted a man to continue to drink alcoholic beverages before he started driving. That man then drove drunk, killing a father of two children. The claim was brought under the New York State Dram Shop Law which prohibits bars and restaurants from serving alcoholic beverages to those patrons who have had too much to drink. As with most Drunk Driving cases, the drunk driver here had insufficient insurance coverage; however, the responsibility of the bar was fully explored, and it was determined that the bar was also at fault for failing to comply with New York law prohibiting the service of alcohol to those who appear visibly intoxicated.
- $1,120,000 settlement for an 83 year old man who suffered a fractured leg in an automobile accident.
- $27,500,000 verdict for a pedestrian struck by a bus. The pedestrian, a woman who was 45 years old at the time of the accident, suffered the loss of her leg after being struck by a New York City Transit Authority bus. The jury found that the Transit Authority was 100% at fault for the happening of the accident. The jury awarded $8,000,000 for past pain and suffering, $8,000,000 for future pain and suffering, $9,500,000 for future medical expenses, and $1,000,000 to the pedestrian’s husband for past loss of services and $1,000,000 for his future loss of services. This is the largest verdict for such an injury in New York State history.
- $4,000,000 verdict for a woman who suffered injuries and whose husband was killed as a result of inadequate security at the building in which she lived. The building, North Shore Towers, was a luxury apartment complex in Queens , New York. The security at this building was inadequate at the time of the event in that anyone who went shopping in the public basement arcade of the building had access to every apartment without going through security. In this case, a man carrying a gun was permitted to enter the building, avoid security altogether, rob the apartment, and murder the woman’s husband. Although the assailant was tried and convicted of murder, the Apartment complex was held civilly responsible for its failure to provide adequate security to its tenants.
- $1,500,000 settlement for a man who suffered a fractured femur after falling on a defective stairway.
- $12,400,000 settlement in a Wrongful Death case in which a mother of three children died due to the negligence and carelessness of Consolidated Edison-- a utility provider in New York City -- when Con-Ed employees failed to evacuate a home in light of a known gas leak. As a result of Con-Ed's negligence, the house exploded killing a mother of three children. This is the largest settlement in New York for a case based on the Wrongful Death of a mother and corresponding damages of the children's loss of parental guidance and support.
- $2,500,000 for the wrongful death of a woman who was struck by a truck while she was crossing the street in the middle of the block. After our thorough pre-trial work-up of the case the total insurance coverage was offered to settle the claim.
- $5,000,000 Settlement in New York County for a pedestrian injured as a result of being struck by a City of New York Department of Transportation Van. The pedestrian suffered a tibial plateau fracture and pelvic fractures., 2016
- $8,000,000 settlement for a Wrongful Death case in which a 23 year old mother was killed by a drunk driver. The woman who was killed was survived by her husband and her 4 year old daughter . The young child was entitled to compensation for the loss of her mother – expressed legally as her loss of parental care, support and guidance. This is the largest award in New York State for the death of a mother leaving one child surviving her.
- $2,050,000 verdict for a man who, while riding his bicycle, suffered a fractured pelvis, after being struck by a bus. The bicyclist, a 70 year old man, was struck by a New York City Transit Authority bus and suffered a comminuted fracture of his pelvis.
- Record Setting $71 Million Verdict for a 19 year old woman who suffered a broken back in a NY Car Accident. The Victim suffered a fracture of Lumbar Vertebra L1 resulting in a Spinal Injury. Although she is now able to walk with braces, she will require continued medical care, including Psychological, Physical and Occupational therapy for the rest of her life. After a 3-week trial, the jury awarded $60 million for her medical needs over her lifetime, $5 million for her past pain and suffering and $6 million for her future pain and suffering. This is the largest award in the Country for this type of injury.
Representative Clients:
- The client is a 16 year old child severely burned in his high school Chemistry class when an experiment went terribly wrong due to the negligence of the teacher and the Board of Education. The Verdict of approximately $60 Million was affirmed by the trial Court and was recently decided by the appellate court. The Appellate Division, First Department allowed $29,000,000 for Pain and Suffering. This is the largest amount ever allowed by an appellate court in New York State history., 2022
- $7,500,000 Settlement in a Child Sexual Abuse case, 2022
Pro bono/Community Service:
- I have volunteered my time teaching lawyers throughout the Country and Internationally teaching Advocacy Skills for more than 25 years., 2021
- Medical Malpractice: Using Defendants' Evidence Against Them, 12/30/04
- For more than 25 years Ben has donated his time teaching Lawyers various aspects of Trial Techniques at the National Institute For Trial Advocacy. He is the Program Director of the Drills Program, a National Program held Semi-annually at the National Education Center, Boulder, Colorado., 2017
Industry Groups:
- Airplane Accidents
- Automobile Accidents
- Aviation Accidents
- Bedsores
- Birth Injuries
- Boat Accidents
- Brain Injuries
- Burn Unjuries
- Bus Accidents
- Catastrophic Injuries
- Civil Rights Violations
- Construction Accidents
- Crane Accidents
- Cruise Ship Accidents
- Decubitis Ulcers
- Defective Buildings
- Defective Products
- Electrical Shock Accidents
- Elevator Accidents
- Factory Accidents
- Failure To Diagnose Cancer
- Failure To Properly Perform Surgery
- False Arrests
- Fire Accidents
- Hospital Negligence
- Improper Prescriptions Leading To Injury And Death
- Inadequate Security
- Injuries Causing Brain Injuries
- Injuries Causing Spinal Cord Injuries
- Injuries Involving Paralysis
- Injuries Suffered As A Result Of Drunk Drivers
- Injuries Suffered As A Result Of Sexual Abuse
- Ladder Accidents
- Landlord Negligence
- Medical Malpractice
- Motorcycle Accidents
- Municipal Negligence
- Nursing Care Negligence
- Nursing Carelessness Leading To Injury
- Nursing Home Abuse
- Nursing Home Neglect
- Paraplegia
- Pedestrian Accidents
- Pedestrians Injured By Careless Drivers
- Pharmaceutical Class Actions
- Police Misconduct
- Product Recalls
- Quadreplegia
- Roadway Defects
- Roof Accidents
- Scaffold Accidents
- Severe And Serious Personal Injuries
- Swimming Pool Accidents
- Train Accidents
- Truck Accidents
- Unsafe Products
- Workplace Injuries
- Wrongful Death
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