New York Personal Injury Practice Areas and Legal Definitions

New York Vehicle Accidents:

Legal claims that arise from vehicle accidents are typically governed by the law of negligence. Any individual who negligently operates a motor vehicle may be required to pay damages to an injured victim. A personal injury case involving a vehicle accident may become formalized through civil court proceedings, or may be resolved through an informal settlement before a lawsuit is filed. The surviving family members of a fatally injured accident victim may be able to bring wrongful death charges against the defendant. Vehicle accidents can include:

• Admiralty and maritime law
• ATV accidents
• Automobile accidents
• Aviation accidents
• Bicycle accidents
• Boating accidents
• Commercial bus accidents
• Cruise ship accidents
• Intersection accidents
• Motorcycle accidents
• Pedestrian accidents
• Rear end collisions
• Semi-tractor trailer accidents
• School bus accidents
• SUV rollover accidents
• Train accidents
• Truck accidents
• Yacht accidents

New York Automobile Accidents:

The New York car accident lawyers of Terilli & Tintle have years of experience and a successful track record representing clients who have suffered significant injuries in automobile accidents. They work closely with doctors and other health care providers to discuss the short and long-term medical consequences of an injury. Terilli & Tintle, PLLC, possesses a detailed comprehension of New York's automobile insurance and liability laws and understands the different sources of recovery available to car accident victims and their families.

New York Aviation Accidents:

Airline crashes typically result in the most traumatic injuries and death. These cases are extremely complex and may involve federal, state or international laws and treaties. There may also be limitations on recoveries and caps on damages. Weather, maintenance, ground preparation of flights, pilot error, manufacturing defects and controller error may all contribute to a crash.

Typically, the National Transportation and Safety Board (NTSB) will conduct an investigation. Obtaining a copy of the NTSB report and having the evidence reviewed by an aviation expert is crucial to determining if there is a potential issue and responsibility.

New York Train Accidents:

Train accidents can result in personal injury such as sprains and fractures, catastrophic injury such as head trauma, brain damage and paralysis and loss of lives or property. Train accidents can include derailments, collisions with passenger vehicles or other trains, grade crossing accidents, or accidents due to mechanical failure. It is the railroad's responsibility to ensure there are appropriate signals and gates at every railroad crossing for safety precautions. If the railroad fails to take such precautions, they are liable for any injury or death that ensues. Victims of train accidents may be entitled to compensation for pain and suffering, medical expenses, property damage, lost wages and loss of earning capacity.

New York Construction/ On-the-Job Accidents:

Construction labor makes up one of the three most dangerous occupations in the United States today; each year producing thousands of debilitating injuries and wrongful deaths. Factors that contribute to construction accidents include workers lifting loads with worn and weathered cables, working on elevated platforms without fall protection or wearing defective safety harnesses and lanyards, and/or working in trenches with improper benching and using outdated tools and equipment. Farming and manufacturing accidents, as well as the oil and gas industry can also cause serious injury and toxic exposure.

• Toxic Exposure: Due to the tremendous growth of corporate industry in the United States over the past fifty years, the number of dangerous, toxic substances in the environment has grown significantly. Some toxic substances are shown to cause substantial injury to people; i.e., lead-based paint linked to brain damage, especially in children; asbestos linked to lung cancer and restrictive lung disease; dry cleaning and other solvents linked to brain damage and major organ damage; pesticides such as dioxin and DDT linked to birth injuries and toxic landfill waste linked to leukemia.

Construction site personal injury law is not practiced nor understood by many personal injury attorneys. As a result, many personal injury construction claims are often subject to mediocre representation and minimal financial compensation due to improper legal counsel. Injured construction workers are urged to seek a personal injury attorney who is knowledgeable in a variety of construction techniques and has successfully litigated numerous construction site personal injury cases.

New York Slip and Fall/Premises Liability:

Slip and fall accidents can happen anywhere and can cause serious personal injury. Most slip and falls happen in commercial settings, such as grocery stores, drug stores, office buildings, construction sites, gas stations and malls, but they also happen on private property. Premises Liability accidents can include toxic exposure, animal attacks, swimming pool accidents and amusement park ride accidents. In any event, there exist duties on the part of the property owners to maintain the property responsibly and avoid the existence of hazardous conditions.

Dangerous or defective conditions may be large or small, temporary or permanent. Therefore, investigation of the claim is essential to a successful case. Temporary conditions such as water on the floor of a grocery store, or snow and ice on the stairs of a restaurant need to be investigated quickly.

New York Medical Malpractice:

Medical malpractice is the failure of a health care provider to follow the accepted standards of practice of his or her profession in the community where the service is rendered. If a physician was careless, lacked proper skills, or disregardedstandardized rules resulting in injury to a patient, a jury may find the health care provider liable for negligence. Hospitals can also be held liable for the negligence of their employees, including staff nurses and technicians.

Examples of Medical Malpractice include:

• Failing to diagnose a tumor while reading an x-ray
• Puncturing a nearby organ or tissue during surgery
• Failing to order necessary and appropriate medical tests
• Failing to diagnose a condition in time to treat it properly
• Failing to refer a case to a medical specialist
• Prescribing incorrect medication
• Brain Injury
• Birth Injury
• Cerebral Palsy
• Incorrect diagnosis that results in a failure to treat a medical condition
• Failing to properly administer anesthesia
• Emergency room negligence
• Dental Malpractice
• Cosmetic Surgery Malpractice
• Anesthesia Negligence: Medical malpractice injuries can occur when anesthesia is improperly given or not given in a timely manner to a patient during a surgical procedure. If the failure of the anesthesiologist is the cause of injury or death to a patient, damages may be recoverable under the laws of medical malpractice.
• Birth Injury: Birth injury malpractice is the failure of an obstetrician to properly perform his or her duties; i.e., failure to administer blood tests to detect abnormalities that can result in death or serious injury to both the mother and fetus. If you have been injured because of improper medical care, you may have a claim against the obstetrician/gynecologist who treated you. However, statutes of limitations bar the filing of claims after a certain period of time following the negligent act.
• Cerebral Palsy: Cerebral palsy is permanent brain injuries that affect an infant in the womb, during birth, or in the months following birth and is one of the most common birth injuries in the United States. Cerebral palsy patients are subject to limited motor skills, speech difficulties and learning disabilities. When cerebral palsy occurs as the result of medical malpractice, the responsible party inflicting said injuries can be held legally responsible. Examples of medical malpractice during delivery include leaving the baby in the birth canal too long resulting in oxygen deprivation, and/or failing to perform or delaying a necessary C-section.

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 212-962-6454, or complete the contact form provided on this site to begin your free consultation. Legal services available in English, Italian and Spanish.