Tully Law
1830 Commerce Street
Yorktown Heights, NY 10598

Construction Accidents
Under New York State’s Labor Law property owners and general contractors must provide all workers on construction sites, both skilled tradesmen and laborers, with a safe place to work. Construction accidents are common when there is a negligent failure by the owners and/or contractors to make ‘safety first’. Falling from a broken scaffold or being struck by a falling object often results in a devastating injury to the worker and a significant future economic loss to his or her family as well. In addition to successfully representing injured construction workers in court, attorney Andrew W. Tully has written and lectured on the topic of Labor Law 240(1) (“the Scaffold Law”), Labor Law 241(6) (the Industrial Code) and Labor Law 200 (Safe Place to Work).

Excavation Accidents
A trench cave-in is the most common type of serious and too often fatal accident in the field of construction excavation. The most regrettable aspect is that a trench cave-in is preventable if the contractor complies with the existing trench safety laws and regulations. There is no justification in New York State for any laborer or other worker to be compelled to enter and work in an earthen trench unprotected in violation of existing State and Federal trench safety laws. Tully Law Office, P.C. is fully familiar with these laws and regulations and we have experience in representing the victims of a negligent trench cave-in. We have recovered money damages for our clients, by settlement or jury verdict, for the catastrophic injuries and economic losses that result from the violation of trench safety laws.

Workplace Accidents
In New York State, almost all workers are covered by the Workers’ Compensation Law, which guarantees that workers who sustain injury or illness arising in and out of the course of their employment will have their necessary medical bills paid and will receive certain payments for income lost due to the work-related injury. However, the same Workers’ Compensation Law limits the remedies available to injured employees and, in most cases, prohibits an employee from suing his or her employer. The injured employee may, however, have the right to sue a negligent party other than his or her employer (or co-employees), for the injuries sustained. At Tully Law Office, P.C. we will give you our legal opinion as to whether, under the existing facts and applicable law, such a ‘third party’ lawsuit may be brought in your case, and what other remedies may be available to you under the Workers’ Compensation Law.

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Motor Vehicle Accidents
The New York State ‘No Fault Law’ (Insurance Law, Article 52) covers people injured in the state through the use or operation of a motor vehicle. With a few exceptions, this law provides for the immediate payment of certain basic economic losses, including hospital and medical bills, and the reimbursement of a portion of lost wages resulting from accident-related injuries. These payments are made by the No-Fault insurance carrier, regardless of whose negligence caused the accident. However, the ‘No Fault Law’ also limits the right to bring a lawsuit for pain and suffering arising from motor vehicle accident-related injuries to those people who have sustained a “serious injury” as defined by the Insurance Law. At Tully Law Office, P.C., we will give you our legal opinion as to whether the injuries diagnosed by your treating physician fall within one or more of the nine categories of “serious injury” identified by the ‘No Fault Law’. If that jurisdictional threshold has been met, then we’ll discuss with you the benefits and risks involved in pursuing litigation against the negligent party or parties.

Premises Liability
In New York State owners of real property, whether commercial or residential, municipal or private, developed or undeveloped, must use reasonable care to keep their property in a safe condition. This enforceable duty of care is owed to every person whose entry upon the property is either known or reasonably foreseeable. At Tully Law Office, P.C. we are skilled in determining whether or not an actionable defective/dangerous condition existed and whether the owner or other responsible party had legally sufficient notice of said condition. We are experienced in representing people who were injured due to defects or hazards upon someone else’s property, and have recovered monies for our clients in premises liability cases through both settlements and favorable jury verdicts.

Products Liability
Dangerous products in the marketplace can cause significant or catastrophic personal injuries. These products, which have often been moved through a long stream of commerce, can be inherently dangerous by design, or dangerous due to a manufacturing defect or malfunction. The law of New York State imposes several legally enforceable duties of care upon manufacturers and sellers of goods and products. This law of products liability has a high level of interfacing between state and federal substantive, procedural and evidentiary rules. Tully Law Office, P.C. is experienced in the analysis of the liability issues, statutes of limitations, federal preemption, and the determination of the proper party or parties legally responsible for such defects, and we have successfully represented clients significantly injured by a defective product.

Medical Malpractice
Medical malpractice is the most complex, intense, expensive and difficult field of personal injury litigation. Physicians and other health care providers have a legal responsibility to use good and accepted medical practices in the diagnosis, care and treatment of their patients. A departure from good and accepted medical practices can cause or contribute to significant or catastrophic new harm or the exacerbation of a patient’s pre-existing injury, illness or condition. Victims of such medical departures have an absolute right to be fully compensated for their new or worsened injuries, condition or illness. Where it can be established that a medical departure by a heath care provider has resulted in a significant injury, Tully Law Office, P.C. is ready to take up your case and provide you with a full and fair day in Court before a jury.

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Wrongful Death
If a person is killed as a result of the negligence of another, the deceased’s estate has a legal right in New York State to bring a lawsuit against the negligent party and recover money damages for the conscious pain and suffering sustained by the decedent. Also, those survivors who were economically dependent upon the decedent at the time of his or her death have the right to bring a lawsuit to recover lost financial support (past and future) from the party negligently responsible. In most cases, New York law presently does not permit recovery for the emotional consequences of losing a family member, no matter how negligent the offending party. Tully Law Office, P.C. is sensitive to this issue and experienced in the commencement, prosecution and successful disposition of wrongful death actions on behalf of the estate and/or the financial dependents of the decedent

Municipal Liability
Personal injury cases arising through the negligence of the municipalities in New York State such as counties, cities, towns, villages, or the state itself require special attention, because municipalities have their own strictly construed statutory procedures and comparatively short time deadlines for the mandatory filing of a notice of claim and the commencement of a lawsuit against them. Tully Law Office, P.C. is ready to advise you as to the relevant municipal issues including the prior written notice requirements regarding defective sidewalks and certain other properties, filing deadlines, venue, pre-suit municipal hearings, and municipal standards of care, and to represent you if you have been significantly injured due to municipal negligence.

School Safety
Schools are under an enforceable legal duty to adequately supervise the children in their charge. Although some in-school accidents are inevitable and no school is the legal guarantor of absolute student safety, a school or school district will be held liable for all foreseeable injuries sustained by its students as the result of inadequate supervision. At Tully Law Office, P.C., we are experienced in the representation of children seriously injured as a result of their school’s negligent breach of its duty of supervision, and will work with parents to make sure that their child’s legal interests are well protected.

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