Accidents involving motor vehicles are among the most common causes of serious injury and death in the U.S. each year. Car accident claims and lawsuits are one of the most common types of civil tort cases filed by attorneys. Most automobile accidents are caused by driver error or negligence such as failure to yield the right of way, following too closely, driving at an excessive or improper rate of speed, driving while intoxicated, or disregarding a traffic control device. Other distractions resulting in negligence include drivers using cellphones, reading, putting on makeup, changing the radio station, eating or drinking, and numerous other activities.
New York State is a No-Fault auto-accident state. If you are injured in an auto accident in New York, you can file an insurance claim for accident related medical expenses, lost earnings, and other costs regardless of who was at fault. In addition to medical expenses, No-Fault insurance may pay your lost wages for up to three years after an injury. Regardless of who caused the accident, the No-Fault auto insurance company is required to pay up to $50,000 for economic losses such as medical bills, lost wages, and other expenses resulting from the accident. In this regard, it is necessary to file a No-Fault application with the insurance company as quickly as possible.
Ms. Lillis prepares every case thoroughly and in anticipation of litigation. In addition, she utilizes mediation and arbitration in the resolution of her cases as an alternative to the expense and uncertainty of litigation.
Alternative Dispute Resolution (ADR) can substantially reduce legal costs with fewer formalities and procedural restrictions than a trial.
Motorcycles are a common means of travel throughout the highways and streets of New York each year. Due to the nature of the motorcycle, riders are more likely to sustain severe injuries as a result of an accident than those riding in an automobile.
Other drivers may not notice motorcycles and fail to yield to them, follow them too closely, or cut them off. Motorcycles are particularly susceptible to the dangers from roadway defects, or poorly maintained roadways such as potholes and drainage, which can be far more dangerous to a motorcyclist than to a driver of an automobile. The insurance laws and liability rules in New York State are different for motorcycles than for cars.
Bicycles are a common means of transportation, recreation, and exercise throughout New York State. Bicycles offer very little in terms of protection from the hazards confronting a bicyclist on the roadway. This can, and often does, lead to severe and catastrophic injuries to a bicyclist when an accident occurs. The majority of bicycle accident cases in New York State involve contact with a motor vehicle that fails to yield the right of way at an intersection or that unexpectedly turns into the path of a bicyclist.
Bicyclists must observe the same rules of the road and be accorded the same rights of the operators of all other vehicles pursuant to the New York State Vehicle and Traffic Law. If you have suffered a personal injury as a result of a bicycle accident, please contact Ms. Lillis to discuss your case.
Truck and Bus Accidents
Every year, thousands of people are killed or sustain serious injuries in accidents involving commercial trucks and buses. Tragically, many of these accidents are the result of negligent truck and bus drivers, and of their employers. These accidents can result from poor driving, including failure to yield the right of way as well as other violations of the relevant vehicle and traffic laws. Some accidents also involve failure to properly maintain the truck or bus. Thorough knowledge of the laws and rules affecting trucks and buses is imperative to successfully prosecute these cases.
As in all cases, it is imperative that all witnesses are located, drivers interviewed, and physical evidence preserved, as well as that an investigation begins as soon as possible.
Thousands of pedestrians are injured or killed by motor vehicles throughout New York State each year. Pedestrian knock-down accidents are usually the fault of the drivers of motor vehicles. Among the more common causes are drivers who speed, run traffic signals, or fail to yield the right of way to pedestrians, particularly those within a parking lot or within a crosswalk. A pedestrian struck by a motor vehicle may be entitled to have his or her medical expenses resulting from the motor vehicle accident paid for by the applicable No-Fault insurance policy. In order to secure payment for these medical expenses, certain forms and information must be provided to the proper No-Fault insurance provider within a limited time period following the motor vehicle accident (typically 30 days). Tara Lillis has helped hundreds of individuals and families suffering injuries or death as a result of a pedestrian being struck by a car, truck, bus, or other motor vehicle.
Construction Accidents & Scaffold Accidents
As many as thousands of construction workers are injured or killed on construction sites yearly. Although construction companies are required under New York State labor laws to abide by and inspect each site with a wide variety of safety measures, construction workers still face a greater risk of work-related injuries or fatalities than employees in any other U.S. industry.
New York State Labor Laws were enacted to protect construction workers from work-site related accidents and it is for this reason that Tara Lillis believes work-site accidents where those who are not following the laws to ensure the safety of workers should be held accountable. These accidents include but are not limited to scaffolding accidents, ladder accidents, construction site falls, run-over by operating equipment, cutting accidents, structure failure, building or wall collapse, fork lift accidents, and numerous others.
A construction worker involved in a work related accident will often have a claim against the general contractor, or owner of the construction site, pursuant to the New York State Labor Law. This law contains special provisions for workers injured by or on scaffolds, ladders, hoists, stays, slings, hangers, pulleys, irons, ropes, blocks, braces, and other similar devices. This is commonly called the Scaffolding Law and allows injured workers to bring lawsuits against a property owner or general contractor who violates the law rendering them strictly liable for workers injured as a result of inadequate or missing safety equipment at elevated worksites. Architects, subcontractors, and manufacturers of equipment may also be held accountable for inadequate safety precautions.
Medical malpractice is negligence on the part of a doctor or other health care provider. When a doctor or other health care provider departs from accepted medical practice, and injury or death of a patient occurs as a result of that deviation from the standard of care, the doctor or other health care provider can be liable for their actions. Under such circumstances, the patient is entitled to recover for past and future pain and suffering, medical expenses, and loss of earnings. A spouse (or if a minor is injured, the parents) can recover for loss of services. In a death case, the next of kin can recover for their loss.
Tara Lillis is an experienced medical malpractice attorney who works with qualified medical experts in the medical profession to help prove your claim. Departures from good and accepted standards of medical practice include but are not limited to a failure or delay to treat, recognize or diagnose a medical condition resulting in injury or death to a patient. Medical negligence includes the failure to recognize or timely treat an infection, diagnose or treat cancer, diagnose or treat medical conditions such as a heart attack, aneurysm, stroke, and failure to recognize and treat other conditions that cause injuries to patients as a result of such failures. Other types of medical negligence include medication errors, surgical errors or complications. Labor and delivery negligence may occur as a result of a failure to timely perform a cesarean section causing brain damage or injuries to an infant.
When someone dies, through the negligent acts of another, a wrongful death can result. In a wrongful death case, the personal representative of the estate of a deceased person is authorized to file a lawsuit against those responsible for the person’s death. A wrongful death can arise from any type of personal injury case including medical malpractice, automobile accidents, construction accidents, motorcycle accidents, and pedestrian accidents.
Wrongful death actions in New York are governed by The New York Estates, Powers and Trust Laws(EPTL). EPTL, Section 5-4.1 entitled “Action by personal representative for wrongful act, neglect or default causing death of decedent,” gives the right to the legal representative of the estate to bring an action for wrongful death. The right to recover damages for wrongful death is governed by EPTL, Section 5-4.3 entitled “Amount of recovery.” The statute is what is known as a pecuniary loss statute. This means that the legal representative of the decedent must prove pecuniary loss which includes loss of support for the decedent’s next of kin as a result of the loss of the decedent’s earnings. In the case of the death of a parent and dependent children, a claim may be made for the economic loss suffered by them. Economic loss is not limited to loss of earnings alone. Loss of services to the decedent’s spouse as well as loss of parental care and guidance to the decedent’s children may be claimed. In the case of the death of a child, loss of services to the parents may be claimed. Since the statute is a pecuniary loss statute it is imperative that the attorney fully understand the restrictive nature of the statute and meticulously prepare the case in order to fully set forth all economic loss so as to obtain the highest possible recovery.
Slip and Fall
Premises liability cases include accidents or incidents which occur in buildings, stairways, on curbs, sidewalks, walkways and structures. A slip and fall can be as a result of a defect such as a slippery or wet floor, snow and ice accumulation or a building code violation. A personal injury attorney needs to visit the scene as soon as possible to obtain photographs, video surveillance and conduct an expert and thorough inspection of the premises and the condition as it existed at the time of the accident.
Each year, thousands of children and adults are seriously injured as a result of dog bite attacks. If you are a victim of a dog bite and don’t know what to do, contact Tara Lillis for your dog bite injuries as soon as possible. According to the NYS Department of Health, most dog bites occur at home or in a familiar place. The majority of dogs that bite belong to the victim’s family, a friend or neighbor. Children may be bitten by dogs in parks or other public places. Even the friendliest dogs can become uncomfortable and react by biting. In addition to dog owners, landlords who rent to tenants that own dogs are examples of those who may be found liable for injuries caused by a dog bite.
Tara Lillis has handled hundreds of dog bite cases which range in severity from scarring to disfigurement, neurological impairment, muscle loss or damage, to life threatening and permanent injuries.