Taking the Mystery Out of Some Legal Terms
The legal realm has its own unique language, often filled with complex terms and concepts that can seem unfamiliar and perplexing. To help our clients navigate this terrain, we’ve created a concise reference guide focused on some key terms in personal injury and medical malpractice. Our goal is to empower clients by enhancing their understanding and comfort with the legal process. We believe they can actively contribute to achieving our shared objective: securing the best possible outcome.
Birth Injuries
The arrival of a child is often a moment of joy and celebration. However, in some cases, negligence during delivery by obstetricians or hospital staff can lead to serious birth injuries, affecting both the child and the mother. Common birth injuries include conditions such as cerebral palsy, Erb’s palsy, brain damage, and hypoxia. If your child has suffered a birth injury, it is essential to seek guidance from experienced New York personal injury lawyers. Our team can thoroughly investigate the circumstances surrounding the incident and help determine whether you have grounds to pursue a claim on behalf of your child.
Car Accident Negligence Claim
After a severe motor vehicle accident, you have the right to pursue a claim against both the negligent driver and the vehicle’s owner. Auto accidents can take many forms, including rear-end collisions, head-on crashes, rollovers, T-bone accidents, pedestrian knockdowns, and other traffic-related incidents. Many accident victims suffer soft tissue injuries, such as damage to the discs in their neck and back, caused by the sudden whipping motion of the impact. Additionally, injuries like broken bones, contusions, and lacerations can occur from striking hard surfaces. Tragically, some motor vehicle accidents result in fatalities, referred to as “fatal incidents.” If you or a loved one has been injured or killed in a car accident, the experienced New York personal injury attorneys at Peter DeFilippis & Associates are here to help. We have the expertise to guide you through the legal process and work toward a successful resolution of your claim.
Construction or “Labor Law” Accidents
Construction is one of the most hazardous industries in the United States, with workers facing a high risk of serious injuries every day. Construction site employees are vulnerable to a wide range of accidents, including falls from heights, equipment malfunctions, machinery accidents, trips and falls, and crane-related incidents. When a worker is injured on the job, they are typically entitled to file a Workers’ Compensation claim through their employer’s insurance carrier. In addition to Workers’ Compensation, injured workers may also have the right to pursue a claim against negligent third parties who are responsible for the accident.
If you have been injured at a construction site, the experienced personal injury lawyers and construction accident attorneys at Peter DeFilippis & Associates are here to help. We specialize in construction accident claims and are dedicated to ensuring that you receive the full compensation you are entitled to. Whether you need assistance navigating the Workers’ Compensation process or exploring potential third-party liability claims, our team will fight for your rights and work to secure the best possible outcome for your case.
Contingency fee
At Peter DeFilippis & Associates, we handle personal injury and medical malpractice cases on a contingency fee basis. This means that you do not pay any legal fees unless we are successful in securing compensation for you. Our firm covers all litigation costs and expenses upfront, which are reimbursed only when your case settles or after a trial and judgment. You will never receive a “bill” for our legal services in these types of cases. If your case results in a settlement, the legal fee is deducted directly from the settlement amount.
The percentage of our fee is not set by the attorneys but is determined by the New York State Appellate Division. This ensures that our fees are fair and in line with state regulations, so you can have peace of mind knowing that our interests are aligned with yours: achieving the best possible outcome for your case.
Defective Products (aka Products Liability)
Every day, Americans depend on a wide range of products, yet many of these items carry the potential for defects that can lead to serious injuries. From automobiles and infant safety seats to children’s swing sets, food products, prescription medications, and household tools, any defect in these products can pose significant risks to consumers. When a defective product causes harm, the injured party has the right to pursue legal action against the manufacturer or responsible parties.
If you have been injured by a defective product, our experienced personal injury law firm, serving NYC and Westchester County, is here to help. We are committed to securing fair compensation for the pain, suffering, and financial losses you have incurred due to the product defect. Our team will guide you through the legal process and fight to ensure that you receive the justice and compensation you deserve.
Deposition
A deposition, also known as an Examination Before Trial (EBT), is a formal legal process in which a witness provides sworn testimony outside of the courtroom, typically before a court reporter. This testimony is part of the pre-trial discovery process, which allows both parties in a case to gather relevant information and evidence. During a deposition, the deponent—the person being questioned—answers a series of questions posed by attorneys from both sides.
The purpose of the deposition is to help clarify facts, uncover details about the case, and assess the credibility of the witness. While the deposition is conducted outside of court, in certain circumstances, portions of the testimony may be used during the trial itself, especially if the witness is unavailable or their testimony contradicts their statements at trial. The entire deposition is recorded by the court reporter, who prepares a transcript for later review.
Discovery in Civil Litigation Cases
After a lawsuit is filed and the defendant(s) submit their answer, the parties enter the discovery phase of the legal process. Discovery is a critical pre-trial procedure that allows both parties to gather relevant information, uncover facts, and identify evidence that may be admissible in court. The purpose of discovery is to “discover” key details about the case, which can help each side evaluate the strengths and weaknesses of their arguments and prepare for motions and trial.
Discovery can take several forms, including written and oral methods. Common written discovery tools include interrogatories (written questions), requests for production of documents, and requests for admissions. Oral discovery typically involves depositions, where witnesses provide sworn testimony under oath. Both the plaintiff and the defendant are required to engage in discovery, exchanging information and evidence in a fair and transparent manner.
The discovery process plays an essential role in the litigation process, as it enables both sides to build their case, clarify issues, and potentially resolve the dispute before trial. Properly navigating discovery is crucial to achieving a favorable outcome in a case.
FDA and Prescription Drug Cases
Medications must be approved by the FDA to be sold in the United States. Products approved by the FDA, yet used for unapproved purposes may be unsafe and carry dangerous risks. The timely, efficient, and effective resolution of defective medical products often calls for an attorney who is experienced in handling these matters and dedicated to providing the client with personal service. The average person needs a law firm that is ready, willing, and able to stand up to those who are marketing defective drugs and supplements that can have potentially dangerous side effects.
Litigation
Litigation encompasses a broad range of legal activities involved in court cases, whether they relate to personal injury, divorce, criminal defense, family law, or other civil matters. At its core, litigation is defined as a “lawsuit or legal action, including all the procedures involved.” This broad definition covers a variety of steps, such as filing legal documents, submitting petitions and motions, appearing in court for case conferences, handling depositions, negotiating settlement agreements in civil cases, or managing plea deals in criminal cases. Importantly, litigation is not limited to trial work alone—it includes all the procedural and preparatory steps that occur before, during, and after a trial, which can often be just as critical to the outcome of a case.
Medical Malpractice
When we place our trust in a doctor or medical professional, we expect them to exercise the highest standard of care to ensure our safety and well-being. Unfortunately, not all healthcare providers live up to these expectations. In some cases, doctors may be negligent in diagnosing, treating, or monitoring their patients, leading to preventable harm. Surgical malpractice, where errors occur during a procedure, is another serious form of medical negligence. If you or a loved one has been injured due to a medical mistake, it’s crucial to act quickly, as strict time limits—known as statutes of limitations—often apply to medical malpractice claims. As experienced Manhattan personal injury lawyers, we specialize in handling medical malpractice cases and offer a free consultation to assess your situation. Let us help you understand your legal options and work toward securing the compensation you deserve.
Motion
A motion is a formal, written request made by one party to a court, asking the judge to take a specific action or make a ruling on a particular issue in a case. The motion must clearly articulate what the party is asking the court to do, whether it’s to grant a request, issue an order, or rule on a legal matter. In addition to stating the desired action, the motion must provide compelling reasons and supporting legal arguments to justify the request. It often includes relevant facts, legal precedents, and any necessary evidence that the judge will need in order to make an informed decision. Motions are an essential part of legal proceedings, and how they are crafted can significantly impact the outcome of a case.
Personal Injury
Personal injury attorneys specialize in representing clients (plaintiffs) who have suffered physical, emotional, or financial harm due to the negligence or wrongful actions of another party (defendants). These attorneys work to hold the responsible parties accountable and seek compensation for medical expenses, lost wages, pain and suffering, and other damages. In cases where an injury results in death, the claim shifts into a “wrongful death” lawsuit, which allows surviving family members to seek justice and financial recovery for their loss. See below for more details on wrongful death claims.
Slip and Fall Incidents
A slip and fall accident, also known as a premises liability accident, occurs when a hazardous condition on someone else’s property leads to injury. These dangerous conditions can include trip hazards, defective sidewalks, broken or wet stairs, icy surfaces, or spills that were left unattended. If you are injured due to a defect or hazard on someone else’s property, it is crucial to consult with an experienced attorney as soon as possible to determine if you have grounds to file a personal injury lawsuit in New York.
Prompt legal action is essential, as preserving evidence from the scene of the accident by taking photos or videos is key to building a strong case. Delaying the investigation or failing to preserve important evidence could significantly impact your ability to recover compensation for your injuries. Our team is dedicated to helping you navigate the complexities of premises liability cases, ensuring your rights are protected and your case is thoroughly investigated.
Subpoena
A subpoena is a formal legal document that compels the recipient to appear in court or provide evidence in a legal proceeding. It serves as a request for testimony or the production of documents, records, or other materials that may be relevant to the case. Receiving a subpoena does not imply any wrongdoing on your part; rather, it indicates that you may have valuable information that is crucial to the litigation process. The parties involved in the case, as well as the court, may believe that your testimony or documents could help clarify important facts or resolve issues in the dispute. It is important to respond to a subpoena appropriately, as failing to comply can result in legal penalties or other consequences.
Work-Related Accidents
An accident in the workplace can be a serious, debilitating, and even fatal accident. Many jobs have serious hazards, including jobs that involve heavy machinery, heights, or heavy lifting. However, almost any job can have a health or safety hazard. A nurse can injure his/her back while lifting a patient. A worker who handles asbestos can develop mesothelioma. A construction worker can be injured in a crane accident. All of these injured workers need a skilled personal injury attorney who can help them get a fair Workers’ Compensation settlement or pursue a claim against other persons or entities who may be negligent.
Wrongful Death
The loss of a loved one is an incredibly painful and emotional experience, and the legal process surrounding wrongful death claims can feel overwhelming. Our firm is dedicated to supporting families navigating these tragic circumstances. We have developed a unique expertise in handling wrongful death cases, and we understand the importance of addressing both the legal and emotional challenges that follow such a loss. Our goal is to pursue wrongful death actions relentlessly, ensuring a complete financial recovery for those affected. Wrongful death claims in New York involve complex legal considerations that require specialized knowledge. Our attorneys are highly skilled in this area and are committed to building strong cases against all negligent parties. We also work closely with expert economists and financial analysts to assess the full scope of losses in each case. These may include lost wages, caregiving expenses, future financial costs, loss of parental guidance, and the profound pain and suffering experienced by the deceased before they perished. By collaborating with these professionals, we can accurately project future financial needs and pursue the best possible resolution for our clients.
