Frequently Asked Questions of the New York Personal Injury Attorneys of Terilli & Tintle, PLLC

The following information includes frequently asked personal injury questions. The answers stated are general in nature and are not intended to apply to every personal injury situation. Each case is different and carries its own set of circumstances which must be taken into consideration by competent legal counsel. By contacting the New York personal injury Attorneys Giancarlo Terilli and Myles Tintle, III.

What are Aviation Accidents?

Aviation accidents occur in a variety of different situations. While the most common aviation accidents are those involving commercial airlines, many accidents occur with private airplanes, as well as commercial and private helicopters. The leading causes of commercial airline accidents include engine failures, controlled flight into terrain, approach and landing, loss of control, runway incursions and weather (including turbulence). Private or "general" aviation accidents can include controlled flight into terrain, weather, loss of control and runway incursions.

Depending on the circumstances surrounding the accident, the investigation is conducted by one or more of the following agencies: National Transportation Safety Board (NTSB), Federal Aviation Administration (FAA), Transportation Security Administration (TSA) and Federal Bureau of Investigations (FBI). But, accident investigations may also involve foreign or local authorities, or the Departments of Justice, State and/or Defense. Agencies such as the American Red Cross, Department of Health and Human Services and the Federal Emergency Management Agency may also be involved in providing services to victims and their families.

Do the same laws apply to commercial aircraft and private aircraft?

No. General aviation law applies to all aircraft other than those operated by airlines or the military. Commercial airlines and military carriers are subject to different legal standards.

What is Premises Liability?

Premises liability generally refers to accidents that occur due to the negligent maintenance or unsafe conditions upon property owned by someone other than the injured victim. The State of New York requires landowners to maintain their property in a manner that does not cause injury to those that, for various reasons, visit the property. This law pertains to both business owners and homeowners. Crucial to a premises liability settlement is being able to show how long the defect or injury inflicting element was there, how visible it was, and how much notice the owner had of the dangerous condition before the accident.

What should I do if I've been injured in a slip & fall accident?

Most businesses and homeowners carry liability insurance to protect them in the event that someone is injured while on their property. The owner or possessor of a residence, land or place of business has the duty to exercise reasonable care for the protection of those individuals who are invited to come upon the premises; i.e., individuals visiting for business or pleasure. In such cases, the owner, company or person must inspect the premises to discover any dangerous conditions and warn the invitee of dangers upon said premises. Those injured by a negligent owner or possessor of a premise may recover damages for their injuries, including loss of income, medical expenses, pain and suffering, etc.

What is Medical Malpractice?

Medical malpractice is negligence committed by a professional health care provider - a doctor, nurse, dentist, technician, hospital or hospital worker - whose performance of duties deviates from a standard of practice of those with similar training and experience resulting in harm to a patient or patients. Most medical malpractice cases are based on the concept of negligence - that is, the patient was harmed because the health care provider failed to meet the required standards of skill and care in accordance with generally accepted standards. Instances of malpractice might include cutting off the oxygen supply during surgery, misdiagnosing an injury because routine tests and procedures were not followed, or prescribing an illegal drug or one not approved for the patient's condition.

Does someone who is simply not satisfied with the results of surgery have a malpractice case?

No. In general, there are no guarantees of medical results and unexpected or unsuccessful results do not necessarily mean that negligence occurred. To succeed in a medical malpractice case, a plaintiff has to prove that a medical injury or related damages resulted from the doctor's deviation from the standard of care pertaining to the procedure, not that the results from a standardized medical treatment were unsatisfactory.

Does misdiagnosis fall under medical malpractice?

Yes. Medical malpractice is the failure of a medical provider to properly perform their duties, including the diagnosis of your condition. Misdiagnosis may include the failure to run certain diagnostic tests or failure to diagnose a condition in a timely manner. Medical malpractice is essentially the failure of a medical provider (including doctors, pharmacists, radiologists, laboratory technicians and doctors) to use reasonable care in treating a patient. If you have been injured because of misdiagnosis, you may have a claim against the medical providers who treated you. However, statutes of limitations bar the filing of claims after a certain period of time has passed following the negligent act. For more information on misdiagnosis, consult New York medical malpractice Attorneys Giancarlo Terilli and Myles Tintle, III.

If you or someone you know in New York City or throughout the State of New York needs the assistance or skilled legal counsel of an experienced serious injury lawyer, contact Terilli & Tintle, PLLC, today at 866-786-4778, or complete the contact form provided on this site to begin your free consultation. Legal services available in English, Italian and Spanish.