Areas of Practice
Below is a brief overview of the Practice Areas we serve. Click on the practice area titles for additional information about each specialized area or contact us today for a confidential no cost consultation regarding your legal situation.
If you have been seriously hurt due to another’s negligence i.e their failure to act with ordinary care. We hope to assist you in obtaining fair and just financial compensation for all the harm, losses caused by your personal injury. We have the experience, dedication and skill to handle your case from its inception through trial and to obtain the best possible result.
Our proven track record over the past decades, provides evidence of how meticulously we prepare each and every claim. Leaving no stone unturned in our investigations has earned us a reputation as tenacious and skillful litigators. We specialize in all manner of auto cases, premises injuries, including slip and trip and falls, construction site incidents, medical malpractice claims just to name a few. We would be honored to handle your case and fight for your legal rights. Finding the “right” lawyer to represent you is often the most critical factor in a successful recovery.
People are often injured due to the negligence of a premises owner or occupier. Business owners and lessees have a legal duty to their customers and others lawfully visiting their premises to maintain their property in a reasonably safe condition. Private property owners and lessees may also be held legally responsible for personal injuries which occur on their property.
The NYC and Westchester County premises liability lawyers at Peter DeFilippis & Associates represent victims and their family in cases that include, but are not limited to:
- Accidents in commercial and residential buildings
- Elevator accidents
- Inadequate security leading to assault, rape or murder
- Inadequate and defective maintenance of building and property
- Sidewalk accidents
- Injuries or deaths resulting from improperly maintained cellar grate
- Burn cases from overly heated water
- Violations of the Building Code leading to injury
- Improperly constructed and/or maintained stairs, including missing handrails
Insurance companies have the financial resources to hire skilled lawyers who specialize in defending personal injury claims. The experience and skills of your lawyer will play a pivotal role in the amount of compensation you receive.
Most injury victims do not know that the best, most successful personal injury attorneys in your community charge fees that are the same as inexperienced lawyers who have no track record of success in the courtroom.
Don’t make the mistake of choosing a personal injury lawyer from ads alone. There are unscrupulous lawyers who will settle your case quickly for whatever the insurance company will offer because these firms work on a “high volume” and “quick turnover” basis. Every community has a number of personal injury “wannabe” lawyers who would like to grab your case and settle it quickly for low dollars for you (but a high return for the lawyer’s time investment). We have an established track record of winning large verdicts and settlements by carefully and painstakingly preparing the matter for a trial and gathering all the evidence needed to convince judges, juries and insurance adjusters of the serious nature of your claims.
When a possible deviation from accepted medical standards could be the cause of injury or harm, we have the experience and expertise to protect your rights. We begin by obtaining all necessary medical records for analysis by healthcare professionals. The goal is to determine if there has been a significant departure from accepted medical practice in the medical community where the alleged malpractice occurred.
For one example, we represented a pregnant 25-year old Westchester woman had a sonogram in her final week revealing a baby weighing in excess of 10 lbs. with a very large head circumference. During the early stages of delivery meconium staining was present as was fetal distress. The doctor opted not to perform a Cesarean section though both parents repeatedly requested that she do so. Subsequently, the baby’s head became lodged in the birth canal for ten minutes. Emergency measures were needed to resuscitate the non-breathing baby. An expert OBGYN reported that excessive traction was used in pulling on the baby at the roots of the brachial plexus and the doctor failed to use known methods for extracting the child with shoulder dystocia. Further, a C-Section should have been scheduled at the onset. The baby was left with a mild Erb’s Palsy resulting in deceased shoulder movement and loss of grip strength requiring years of physical therapy. The medical malpractice case was filed in Westchester County and a settlement was reached with the Doctor’s insurance carrier after depositions were held for $600,000.
Gathering as much information and knowledge as possible about the causes of the injury and the alleged medical negligence equips us to fight hard to get you the fairest compensation available for any and all losses sustained, including any lost earnings and all medical costs. We only accept and process cases in which a medical professional’s review concludes legitimate medical misconduct resulted in serious and permanent injuries. In recognition of our work in this area we were named to the New York Super Lawyers list “Top Rated Medical Malpractice Lawyers” in 2019.
There are nearly 6.5 million automobile accidents occurring in the United States each year. The law allows victims of automobile accidents to seek compensation from the parties responsible for their injuries. As a driver, passenger, or pedestrian involved in an automobile accident, you could face injuries ranging from minor to severe or possibly life-threatening. A loved one may even pass away as a result of their injuries.
For examples, we represented a 28-year old warehouse worker who was injured in a motor vehicle accident while a back seat passenger in a taxi cab which was struck broadside by a speeding truck. Injuries included a fracture of the right arm and 50% hearing loss. A total damages award was rendered after a Bronx trial for $1,900,000.
A college teacher aged 73, was injured when a distracted MTA mini-bus driver rear ended her vehicle on the Verrazano Bridge. This set off a chain collision with two other vehicles in front of her. She sustained a fracture of the transverse processes in her neck and was compensated $450,000. We previously established, as a matter of law, the negligence of MTA and our client’s freedom from any negligence in a successful motion for summary judgment. A global settlement was reached in Kings County, Supreme Court with the all Defendants including the MTA just before jury selection commenced for $2,225,000.
Injured in a car accident in Westchester County? When you or a loved one has been involved in an automobile accident, retain a personal injury firm such as ours–one with a long history of consistent successful results in litigating motor vehicle accident claims. We are known for our extensive experience and aggressive strategy. We are committed to protecting the legal rights of our clients injured due to the the fault of another and related to the operation of a car, bus, truck, motorcycle or bicycle, and getting them the compensation they deserve.
Construction sites can be extremely hazardous for workers, particularly when proper safety precautions aren’t taken to minimize the risk of accidents and injuries. The construction accident attorneys at Peter DeFilippis & Associates have experience handling all types of construction accident lawsuits and have helped many workers in NYC, Westchester County and beyond. Find out more by contacting us for an in depth discussion about your legal rights.
Our firm is committed to helping construction workers and other hardworking men and women who have sustained work related injuries. We represent clients throughout upstate New York in workplace accident claims, involving:
- Construction site accidents
- Unsafe work conditions
- Scaffolding incidents
- Ladder, crane and lift injuries
- Unsafe construction work equipment
- Burn injuries
- Defective and dangerous work products
- Heavy machinery mishaps
- Other workplace accidents
Our Attorneys are Recognized Leaders in New York Labor Law Litigation New York Labor Law 240(1)
Commonly known as the “Scaffold Law,” New York Labor Law 240(1) offers financial protection to construction workers who have suffered elevation-related injuries. The labor law places absolute liability-meaning that liability is imposed regardless of fault–on the property owner and general contractor when a worker suffers an injury due to a fall from elevation or is struck by a falling object. By placing absolute liability on general contractors and property owners, the labor law essentially provides construction workers compensation for damages for most elevation-related injuries.
While New York Labor Law 240(1) places absolute liability on general contractors and property owners, it does not guarantee an injured worker compensation for their damages. While absolute liability, in theory, automatically entitles a worker to compensation, it does not prevent property owners and construction companies from disputing the injured individual’s claim. In many cases, property owners, general contractors and their insurance companies will do whatever they can to avoid paying additional compensation to an injured worker; including denying that their injury was elevation-related. As a result, construction workers who have suffered elevation-related injuries should seek the counsel of a lawyer with experience handling lawsuits involving falls from heights at construction sites.
New York Labor Law 241(6)
Workers may also be able to file a claim under New York Labor Law 241(6) if they were injured while performing construction, excavation, or demolition. Under the labor law, property owners and general contractors must follow all safety rules under section 23 of the industrial code. To ensure worker safety in construction, demolition, and excavation, the labor law places vicarious liability-meaning parties may be liable even when they didn’t know a violation occurred-on general contractors and property owners for injuries that occur due to the violation of any specific safety rule found in section 23 of the industrial code. For instance, if an injury occurs because a load of steel members were released from a hoisting rope before being fastened in place, the injured worker may have grounds for a lawsuit against the general contractor and/or property owner as this would be a violation of Section 23-2.3(a) of the industrial code. Property owners and general contractors could be liable in the aforementioned scenario even if they were not present when the violation occurred due to the law’s vicarious liability provision.
While grounds for compensation under New York Labor Laws 240(1) and 241(6) may seem obvious to injured workers, construction companies and contractors often disagree and are willing to fight claims in court. Property owners and construction companies can have vast resources that they are willing to expend in order to avoid paying injured workers the compensation they may deserve. As a result, it is important that construction workers who have suffered an on-site injury retain an attorneys such as Peter DeFilippis & Associates with experience handling law suits relating to Labor Laws 240(1) and 241(6).
We serve businesses and business owners throughout New York City and Westchester County with a variety of business related issues.
All types of businesses rely on Peter DeFilippis & Associates, P.C. for quality, diligent, cost effective legal representation. We are highly skilled and trained litigators prepared to aggressively protect the rights and interests of your business. Let our years of courtroom experience work to your benefit; righting the wrong unjustly impacting your company’s bottom line.
For one example, while representing the minority shareholders selling stock in their Corporation, we fended off litigation challenges from the majority shareholders and an unlawful assignee so that the stock transfer could close. The minority share was valued at approximately $4,000,000.
We have experience resolving commercial disputes either through negotiation, mediation, arbitration, or a jury trial in federal or state court. Many business lawyers must bring in a litigation specialist when the need arises, conversely we possess the litigation skills and experience necessary to handle any needed court work. When the case requires it, our attorneys have also successfully prosecuted and defended appeals in both state and federal appellate courts. Our firm’s boutique commercial litigation practice allows us to serve our clients in a timely and cost-effective manner.
We consistently resolve various types of contract cases and contractual disputes. Our firm regularly expedites cases without jeopardizing the necessary attention to detail. If you feel that another party has breached your agreement, contact our office and have an experienced and dedicated attorney with extensive litigation experience evaluate the matter.
No matter the size of your business, it’s important to consult with an attorney on a wide variety of issues, including:
- Joint ventures
- Human resources
- Employee rights and benefits
- Individual company rules and regulations
- Financial issues, including stock holdings
- Shareholder stock options
- Small business ventures
- Buying or selling a business
Only parties who take an active role in the drafting and negotiation of any contract can feel secure once the document is executed.
Working with an experienced New York business contract lawyer is essential to that process. Specific examples of documents or agreements that you may need prepared or reviewed include:
- Business sale/purchase agreements
- Asset purchase agreements
- Stock/equity purchase agreements
- Buy/Sell agreements
- Partnership agreements
- Operating agreements
- Shareholders agreements
- Employment agreements
- Invention and non-disclosure agreements
- Non-competition and non-solicitation agreements
- Licensing agreements
- Consulting agreements
- Sales agreements
- and more
Our experienced legal staff can help you ensure that your business is protected. Contact us today with any business law question – we’re here to help call 914-478-7777 or 212-227-4001