O'Malley Law Firm

Thomas K. O'Malley Esq.
Address: 4093 River Road
Latham, NY 12110
Phone: (518) 783-0493
Fax: (518) 783-0493
Email: Info@TheOMalleyLawFirm.com

Personal injury occurs when a person has suffered some form of injury, either physical or psychological, or both, as the result of an incident, either accidental or intentional.  The most common type of personal injury claims are traffic accidents, accidents at the workplace or at home, slip-and-fall or trip-and-fall accidents.

Negligence rests on the duty of a reasonable person to exercise due care in his conduct toward others under the circumstances.  In other words, negligence is the failure to use such care as a reasonably prudent person would use under similar circumstances.  The scenarios are many. 

Medical malpractice can be seen as a subset of personal injury but it is very specific.  Medical malpractice is an act or omission by a health care provider (clinician or hospital) which deviates from accepted standards of practice in the medical community and which causes injury to the patient. In other words, medical malpractice is professional negligence by a healthcare provider that causes an injury.

Family law is an area of the law that deals with family-related issues and domestic relations and in many cases associated with divorce.  However, family law is also concerned with domestic partnerships; issues arising during marriage, including spousal abuse, legitimacy, adoption, surrogacy, child abuse & neglect; and the termination of the relationship and corollary matters including divorce, annulment, property settlements, alimony, and parental orders.  The most common-place issues are child custody and visitation, and child support awards. 

Divorce or dissolution of marriage is the ending of a marriage before the death of either spouse.  New York requires fault to end a marriage and New York is not a community property state, but rather based on equitable distribution.  In my practice, uncontested divorce is the instrument of choice because the two parties are able to come to a mutual agreement about the property, children and support issues.  This is formalized in a separation agreement.  It is usually the most cost-effective process to terminate a marriage.  Litigated divorces account for a small fraction of divorces and exhaust assets and resources that could otherwise be allocated in an uncontested matter.  Prenuptial agreements are documents drawn prior to marriage that sets forth, “What would happen if the marriage is terminated prior to death?”  In doing so, it usually leaves little to negotiate or argue about at divorce.

Closings are real estate transactions and are formal meetings usually between the seller and buyer that conclude the sale and purchase of real estate.  If a money lender is involved then that party is also part of the meeting.  The sale and or purchase of property require contracts, deeds, insurance documents, appraisals, inspections and the like.  Occupancy agreements may also be necessary.

Alcohol and drug-related driving offenses are usually categorized by severity, beginning with a driving infraction, then elevated to a misdemeanor, and ultimately a felony.  Most cases are resolved in the local city, town, or village court.  Felony DWIs that cannot be favorably resolved would be recommended to a criminal trial attorney.
Traffic Tickets can sometimes be concluded by mail but oftentimes requires court appearances and perhaps even a trial.

Business transactions such as formation of limited liability corporations and limited liability partnerships require several processes including but not limited to the drafting of articles of incorporation and registering with the Department of State, and various other processes.
Contracts are legal documents that set forth the duties, obligations, rights and liabilities of the parties to an agreement.  A contract must be valid to be enforceable.  Contract review is essential to assess validity and well as to engender successful contract negotiation.

Wills are one facet of estate planning.  It is a legal document expressing the party’s wishes with regard to the disposition of property after death.
Living wills are legal documents determining the party’s choices concerning medical decisions.  These documents are used when the party becomes incapacitated in some way and cannot act in their own behalf.