Taking the Mystery Out of Some Legal Terms

The legal realm encompasses a unique language, often filled with intricate terms and concepts that can seem unfamiliar and perplexing. To aid our clients in navigating this terrain, we’ve devised a concise reference guide focused on key terms in personal injury and medical malpractice. Our aim is to empower our clients with knowledge, fostering their understanding and comfort with the legal process. By enhancing their comprehension, we believe they can actively contribute to achieving our shared objective: securing a favorable outcome for their cases.

Birth Injuries
The arrival of a child is typically a joyous event. Yet, there are instances where negligence during delivery by obstetricians or hospital staff can result in severe birth defects or harm to the mother. Common birth injuries encompass conditions such as cerebral palsy, Erb’s palsy, brain damage, and hypoxia. Should your child experience a birth injury, it’s crucial to consult our experienced New York personal injury lawyers. They can investigate the circumstances and explore the possibility of filing a claim on behalf of your infant.

Car Accidents Negligence Claims
In the aftermath of a severe motor vehicle accident, you maintain the right to pursue a claim against both the negligent driver and the vehicle’s owner. Various types of car accidents encompass rear-end collisions, head-on impacts, rollovers, T-bone collisions, pedestrian knockdowns, and other traffic-related incidents. Many individuals involved in auto accidents sustain soft tissue injuries to the discs of their neck and back due to the abrupt impact’s whipping effect. Additionally, victims might endure broken bones, contusions, and lacerations from colliding with hard surfaces. Unfortunately, some motor vehicle incidents result in fatalities, referred to as “fatal incidents.” If you or a loved one has been injured in a car accident or faced a fatality, the seasoned New York personal injury attorneys at Peter DeFilippis & Associates possess the expertise to assist with the successful resolution of your claim.

Construction or “Labor Law” Accidents
Construction is the most dangerous major industry for workers in the United States. Employees at construction sites are subjected to falls from heights, machinery and equipment accidents, trips and falls, and crane accidents. When a worker is injured on the job, he or she is entitled to file a Workers’ Compensation claim with the company’s insurance carrier and potentially pursue a claim against negligent third parties as well. If you were hurt at a construction site, a NYC personal injury lawyer and construction accident attorney at Peter DeFilippis & Associates can help.

Contingency fee
Our cases are handled on a contingency fee basis meaning our firm does not charge a legal fee until we are successful in obtaining compensation for you, our client. Litigation costs and expenses are advanced by the firm and reimbursed when your case settles or after a trial and judgment. You do not get a “bill” in a personal injury or medical malpractice case for our legal services. if there is a settlement the legal fee is deducted from the settlement amount. The Attorneys do not set the percentage of the legal fee rather it is a percentage of the amount established by the High Court (Appellate Division) of New York State.

Defective Products (aka Products Liability)
Each day, Americans rely on a multitude of products, yet any one of these items could potentially harbor defects leading to injuries. From automobiles, infant safety seats, and child’s swing sets to food items, prescription drugs, or tools, defects in these products can result in harm. Any individual injured by a defective product holds the right to pursue legal action against the manufacturer for the injuries incurred.

Should you suffer harm due to a defective product, our personal injury law firm serving NYC and Westchester County stands ready to assist. We aim to secure compensation for your pain, suffering, and any other losses resulting from the injury caused by the defective product.

A deposition or Examination Before Trial (EBT) is a witness’s sworn out-of-court testimony taken before a Court reporter It is used to gather information as part of the discovery process and, in limited circumstances, may be used at trial. The witness being deposed is called the “deponent.”

FDA and Prescription Drugs 
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.

Medical Malpractice
When we entrust a doctor or other medical professional with our care, we expect them to take all reasonable precautions to ensure that we are safe and healthy. Unfortunately, some doctors are negligent in their diagnosis, treatment, and monitoring of their patients. When surgery is performed, doctors can also commit surgical malpractice. If you were injured because of some sort of medical mistake, you should contact a Manhattan personal injury lawyer as soon as possible as often strict time limitations exist. We are experts in processing medical malpractice claims and will evaluate your potential case with a free consultation.

Litigation has a broad definition when it comes to court cases, whether those cases involve personal injuries, divorce, criminal defense, family law, or civil matters. Essentially, it is defined as a “lawsuit or legal action, including all the procedures involved.” That broad definition includes filing documents, filing petitions and motions, appearing in court to conference a case, handling depositions, and submitting settlement documents in a civil case or handling a plea deal in criminal court. It does not necessarily include just actual trial work.

Personal Injury
Personal injury attorneys primarily advocate for clients (plaintiffs) who have suffered financial and/or physical harm resulting from another party’s fault or negligence (defendants). In instances where the injury leads to a fatality, the claim transitions into a “wrongful death” case. See below for further details.

Slip and Falls
A slip and fall accident also called a premises liability accident, occurs when there is a dangerous condition in a building or on a piece of property. Dangerous conditions can include trip hazards, defective sidewalks, broken or wet stairs, ice, or a spill on the floor that was unattended. If you injured yourself due to a defect in someone else’s building or property, you should speak with an attorney as soon as possible to determine whether you are eligible to file a New York personal injury lawsuit. Evidence must be preserved at the onset of the case as delaying could impact the case.

A subpoena is a legal document compelling the recipient to appear in court as a witness. Receiving a subpoena does not imply wrongdoing; rather, it indicates that you may possess pertinent information required by the litigants and before the court.

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
When an individual dies due to another’s negligence, it can lead to a wrongful death claim. In such cases, the personal representative of the deceased’s estate is empowered to file a lawsuit against those accountable for the death. Wrongful death cases can stem from various personal injury incidents, such as medical malpractice, motor vehicle accidents, construction mishaps, airplane incidents, and other torts.

The loss of a loved one is a deeply distressing event. Our firm specializes in assisting families coping with such tragic circumstances. We’ve honed a unique skill set to support those affected by these losses. Understanding the significance of addressing basic legal matters following a death, we’re dedicated to tenaciously pursuing wrongful death actions to secure a complete financial recovery. Navigating the multifaceted laws surrounding wrongful death cases in New York demands expertise, an area in which our attorneys excel, constructing robust cases against all negligent parties.

Moreover, we engage expert economists and financial analysts. Each wrongful death case involves a distinct array of losses, spanning from lost wages to caregiving expenses and other financial costs, alongside the intangible realm of pain and suffering. Collaborating with these financial professionals enables us to accurately project future costs, facilitating the pursuit of optimal resolutions for our clients.