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Practice Areas

Personal Injury

If you have suffered a personal injury in an auto accident, construction accident, medical malpractice or slip and fall, you may be facing serious medical expenses and functional limitations on your ability to work, enjoy life or do the things you used to do. Recovering from an injury or learning to cope with a disability can be a challenging task. By helping you obtain compensation from the negligent parties responsible for your injuries, you get the real help you need to move forward with your life while knowing also that principles of justice and accountability have been served.

Our firm’s comprehensive personal injury practice includes the representation of persons injured in truck accidents, motorcycle accidents, nursing home neglect and much more. Our lawyers handle the most serious accidents, including those causing catastrophic injuries or wrongful death.

Auto Accidents

When you are injured in a car crash because another driver was speeding, texting or distracted driving, or otherwise negligent or reckless, it should seem obvious that they are liable to compensate you for your injuries. However, obtaining that compensation under New York’s confusing array of no-fault and fault-based motor vehicle insurance laws can be daunting, and the burden is on you to pursue your claim and prove your case. We have the knowledge and experience necessary to manage your case right from the start and get you the compensation you need and deserve. Our lawyers handle auto accidents and all types of motor vehicle accidents in Ulster, Orange and Dutchess counties.

Medical Malpractice

When we need medical care, we trust our health and our very lives to doctors and hospitals we believe have the level of skill and competence based on their education and training to deliver the proper care and treatment. A breach of that duty not only shakes our faith in the medical community but can cause serious personal injury or even wrongful death. Holding doctors and hospitals accountable requires a deep understanding of the complicated medical and legal issues involved and the ability to communicate these complicated facts to a jury or refute claims made the insurance companies and their medical experts. Our lawyers handle all types of medical malpractice cases in the Hudson Valley, including representing our most vulnerable citizens in Birth Injuries and cases of Nursing Home Abuse & Neglect.

Construction Accidents

One in every five worker deaths occur in the construction industry. Construction can be a dangerous occupation, and it is precisely for that reason that New York Labor Laws require property owners and contractors to provide workers with a safe workplace, complete with all the safety equipment and protections they need to perform work safely. Owners and contractors can be held absolutely liable for construction accidents that occur in violation of NY labor law, but the construction companies and their insurers fight hard in court to avoid liability by winning on some technical point of law. Our construction accident lawyers fight just as hard or harder to hold contractors liable for their failures to provide a safe worksite.

Premises Liability

In general, property owners have a duty to provide a safe environment for persons lawfully on their premises. Proving a property owner’s premises liability can be difficult, particularly when the hazardous condition was temporary in nature, such as an icy patch, a food or drink spill, or an object on the ground creating a tripping hazard. Our attorneys know how to investigate a slip and fall accident and prepare a case that proves that the property owner knew or should have known about the danger yet failed to correct it in a reasonable time. Our New York premises liability practice encompasses the full range of premises liability cases, including:

Catastrophic Injuries

In cases involving severe or catastrophic injuries, it is especially important to obtain qualified, experienced legal representation. Catastrophic injury cases typically involve a greater amount of money damages and a wider range of needs for injury victims and their families. We understand these needs and what is required to quantify damages for an insurance company or jury. We make sure all of your needs are addressed so you are provided with the care and treatment you need and the opportunity to live as full and independent life as possible while living with a particular catastrophic injury.

Estate Planning & Elder Law

It is never too early to begin estate planning, and (almost) never too late. Our estate planning and elder law attorneys work with you to create the right combination of wills, trusts, powers of attorney and healthcare directives to make sure that you are properly cared for during your lifetime, and that your wishes are carried out after you are gone. We look out for the rights and interests of elder persons through asset protection planning and representation in guardianship proceedings. Our experienced courtroom lawyers also provide strong, effective representation in probate matters and will contests. We take the time to listen to you, understand your needs, and prepare the necessary documents to see that your goals are met.

We offer comprehensive estate planning services and elder law representation to ensure that you are taken care of during your lifetime, and that future generations are taken care of after you are gone. Our attorneys draft the full complement of wills, trusts and advance directives to create a complete estate plan that considers every need, goal and eventuality.

Family Law & Divorce

If you are going through a divorce or family law crisis, meeting these challenges is often difficult to deal with emotionally. Our attorneys are sympathetic to your needs while ensuring you get the right advice and representation to make sure your needs and your family’s needs are met now and for the long-term. We look out for your interests in all issues in a divorce, including child custody, child support, spousal support and the division of marital property. Our comprehensive family law practice includes seeking or challenging post-divorce modifications of court orders, and representation in paternity proceedings.

Divorce is a stressful and emotional experience, which makes it critical that you are represented by knowledgeable attorneys who can sympathize with your situation and provide you with the advice and representation you need to make the best decisions for yourself and your family and protect your interests now and into the future. Our family law attorneys are adept to handle your divorce and any collateral issues which must be determined along with it.

Bankruptcy & Foreclosure

Times are tough, and millions of Americans are struggling to pay their bills every month, or to keep up with their mortgage payments. For those who find themselves falling farther and farther behind with no ability to catch up, the nation’s bankruptcy laws offer a way out. We help people to stay in their home and keep their most important possessions, while making a fresh start or getting the breathing room they need to get back on their feet. We help consumers with Chapter 7 and Chapter 13 bankruptcy filings, and move quickly to put a stop to unfair debt collection or creditor harassment.

In today’s tough economy, a sudden job loss, an unexpected illness or an extended business slump can be enough to push an individual, family or business past the ability to pay off outstanding debt, and from there the situation only gets worse. We help our clients make the most of U.S. bankruptcy protections, so they can get out from under unmanageable debt and make a fresh start in building a successful financial future. We can help you save your home or business, exit gracefully, wipe the slate clean or develop a workable payment plan; whatever your needs and goals, we can help you meet them. Call for help with:

Commercial Litigation

As one of the most established law firms in the Hudson Valley, the attorneys at Rusk, Wadlin, Heppner & Martuscello have built a strong reputation of protecting the rights and interests of business owners in commercial litigation. Business disputes are inevitable, and for those which require formal legal intervention to resolve, our firm provides practical, strategic advice and effective representation in the resolution of contract disputes, business torts, corporate matters and other business or commercial disputes.

The business trial lawyers at Rusk, Wadlin, Heppner & Martuscello, LLP provide sound legal advice and professional representation in the resolution of any business or commercial dispute, including breach of contract, business torts, corporate officer and shareholder disputes, employment disputes, and more. We take the time to sit down with you and devise a litigation strategy that meets your goals within your budget and satisfies your short-term and long-range objectives. We represent clients in negotiation, mediation, arbitration and courtroom litigation as necessary to ensure their rights and best interests are protected.

Real Estate

Every piece of property is unique, and parties to real estate transactions invest significant time, money and effort into making the right deal with the right portion of real estate. Unfortunately, real estate matters are complex, and one misstep along the way can derail the project and send the parties back to square one. Our comprehensive real estate law practice provides advice and representation at every phase of the residential or commercial property transaction, from title searches and surveys to closings. We assist buyers, sellers, investors, lenders and developers in the full range of real estate legal matters, including land use and zoning, mortgages and foreclosures, landlord-tenant matters and more.

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