Kerner_logo_324x131 blog_address

Home About Us
About Our Firm
skerner200x300STUART M. KERNER, Esq. is a graduate of Cardozo Law School and is admitted to practice law in the states of New York and New Jersey. His areas of practice include all aspects of Personal Injury and Accident cases.

He has been practicing law for over 17 years.

He presently resides in Westchester, New York and has an office in Northern Westchester available to consult with clients. He is married and has two children.

is a graduate of Cardozo Law School and is admitted to practice law in the states of New York, New Jersey and Connecticut. His areas of practice include Family Law, Bankruptcy, Real Estate , and Immigration. He has been practicing law for over 20 years. He presently resides in Fairlaw, New Jersey and has an office in New Jersey available to consult with clients. He is married and has three children.

BRUCE STEINOWITZ, Esq. Trial counsel to the law firm

RICHARD PRAVDA, Esq. Trial counsel to the law firm

LEGAL ASSISTANTS: Our office has five legal assistants. Each of our assistants are well trained and experienced to assist our clients in all aspects of their case. Our assistants also all speak fluent Spanish.


Motor Vehicle Accidents

Motor vehicle accidents include cars, trucks, vans, buses, SUV's, and motorcycles, and may involve one vehicle, multiple vehicles and pedestrians. Because there are so many vehicles on the road today, motor vehicle accidents are very common. When auto accidents are caused by another driver's negligence or recklessness The Law Offices of Stuart M. Kerner, P.C. will investigate, prosecute and negotiate with the insurance company of the negligent party to settle your claim and obtain compensation for you based upon the severity of your injury and your pain and suffering.

There are three distinct parts to a motor vehicle case.

Part 1 - No-Fault Insurance Claims
New York is a " no-fault " insurance state. This means that if you are injured in a car accident, you will be able to recover compensation for medical bills and lost wages even if the other driver had no insurance or you, yourself, were partially responsible for the accident. It does not matter who's fault the accident was. The vehicle you were in at the time of the accident (or the vehicle that struck you if you were a pedestrian) will pay for all reasonable and necessary medical expenses arising out of the accident as well as lost earnings up to $2,000 per month and up to $25 daily for other reasonable and necessary expenses. This applies to all cars, trucks, SUVs and vans. However, motorcycles are exempt.
The No-Fault claim must be usually filed within 30 days after an accident and all hospitals and doctors must file their bills in a timely manner in order to get paid. We assist with the filing of these claims.

Part 2 - Liability
Who caused the accident? In New York, fault is apportioned, meaning out of 100%, it is possible that each driver could share some percentage of liability.

Part 3 - Damages
In New York State we have what is known as a serious injury threshold. This means that one cannot legally bring a lawsuit for personal injuries unless those injuries are deemed "serious" under the law. This is an area of constant contention in court. Certainly, where there is death, dismemberment or disfigurement the injuries would automatically be considered serious. The same holds true for a fracture of any bone.
However, for a whole host of other injuries that are not in the first group, a plaintiff must show that the alleged injury is permanent, significantly limiting or has caused that person to be disabled for 90 days out of the first 180 days after the accident. However, some injuries, sometimes called "soft tissue" injuries to the neck, back, head and other body parts require the injured party to prove that these injuries will effect you over a very long period of time.

Please call us for a professional evaluation of your case. We will be happy to analyze your specific fact pattern and discuss the law as it applies to you.

Premises Liability

If you are injured as a result of a defect in a building, store or other premises you may have a right to receive compensation for your injury. Many times a defect like a collapsed ceiling, or broken step, or protruding piece or metal will cause someone to be injured. Renters have the right to expect their home, apartment or commercial space will be maintained at the level necessary to prevent injuries caused by hazards, unsafe design or insufficient security.

Many people are injured each year by slipping and/or tripping resulting in a fall. in a building or premises. Quite often, the cause of the fall is a defect in the floor or stair causing the person to stumble. These cases come under the title of premises liability because the owner / operator of the premises is responsible to maintain the grounds in a safe and hazard free condition. A broken stair, damaged or cracked sidewalk, foreign substance on the floor, uneven floor surfaces, poorly marked changes in elevation, slippery surfaces (due to snow, water, ice) uneven elevators, and faulty escalators are all common examples of slip and fall premises accidents. These accidents can occur in a variety of locations such as a street, sidewalk, office building, private home, apartment building, grocery store, and city owned locations.

Slip/Trip & Fall & Sidewalk/ Crosswalk Cases

Falls, either as a result of tripping, slipping or other reasons, are some of the most common types of accidents causing injuries. If you are injured on a sidewalk, street, school - or other city owned premises owned or maintained by a municipality, (city, village or town) special guidelines apply. When making a claim against a municipality it is generally required to give a written notice of the claim within ninety (90) days after the accident. Call us immediately so that the proper claim can be filed in time. This notice of claim process has very specific requirements including the date and time of the accident, the manner in which it occurred, the exact location and the nature of the injuries sustained. Additionally, sometimes the condition which caused the accident is changed or fixed soon after the accident takes place. As such, we will immediately go to the scene of the accident, take photos and gather any evidence needed to pursue the claim.


Each year, thousands of workers at construction and renovation sites are injured on the job. These accidents happen due to improper or dangerous equipment and the negligence of co-workers or supervisors at work places . Falls from ladders, scaffolding, elevated platforms or other heights are covered under specific labor laws. Workers injured on construction sites are entitled to workers' compensation benefits. In addition, they may be able to sue the property owner and its agents and contractors for full personal injury and pain and suffering. The damages recovered may be very substantial. Building owners and their agents and contractors must supply and operate safety equipment to prevent workers from injuries caused by falls from elevated workplaces. Failure to do so results in absolute liability, even if the worker's own fault contributes to the accident. Please contact us to discuss your specific situation.


In order to win a medical malpractice case, the injured party must prove that the doctor or hospital departed from good and accepted medical practice in the community.
Very often, it would appear to the average person that medical malpractice has been committed in a particular case. However, in order to win a malpractice case, a doctor must testify affirmatively in court that malpractice was committed and that it was a substantial factor in causing the injuries claimed.
Medical malpractice occurs when a hospital, doctor or nurse makes a mistake. Some examples of a medical malpractice case include failing to diagnose cancer or some other serious illness, making a mistake during surgery, prescribing or administering the wrong or incorrect amount of medication, and, incorrectly reading a mammogram, PAP smear, x-ray, MRI or other diagnostic test.


Pursuing a wrongful death action will not bring back your loved one. It won't necessarily make you feel as though justice is being done or even make you feel better. What it can do is help you and your children gain financial security in the years to come and at the same time, work to create a safer community for everyone by holding people and businesses accountable for their actions.
Compensation for a wrongful death lawsuit may be awarded for the following:
Mental anguish
Pain and suffering
Loss of income and support
Medical and funeral expenses
Loss of benefits
Loss of expected future earnings
Loss of parental guidance