White Plains Personal Injury Lawyer

Construction Accidents

Construction accidents can result from negligence on the part of owners, general contractors, construction managers, contractors, and subcontractors. If you are seriously injured or lose a family member as a result of a construction accident, it is crucial to identify all of the responsible parties and the applicable laws. In cases involving falls from heights from devices such as ladders and scaffolds for example, there are laws which hold owners, general contractors, construction managers, contractors and subcontractors to strict liability or fault by which they are automatically liable regardless of the conduct of the injured person except in very limited and rare circumstances such as a refusal to utilize available safety equipment. Generally, an injured employee is not allowed to sue their own employer for a job-related injury, (for the most part the sole remedy in this circumstance being worker’s Compensation benefits) but other than the employer, all other parties responsible for safety, including owners, general contractors, construction managers and contractors in that specific trade, can be held responsible. New York has enacted certain labor laws to hold owners, general contractors, contractors and subcontractors strictly liable when it is established that a statutory violation in connection with gravity-related risks or the regulations of the Industrial Code of the State of New York has caused injuries.

Car Crashes

Many car crashes result from drivers who fail to use reasonable care under the circumstances. After a car accident in New York in which you or a family member suffer serious injuries, there are least two insurance companies which become significant. First, there is your own insurance company, which is responsible for (first party benefits) no-fault coverage by which your medical and hospital bills are compensated, and a portion of lost earnings are paid. Second, there can be one or more liability insurance companies, or (third party) insurance companies, which would be responsible for the effects of your injuries, including the physical injuries, medical treatment, surgeries, past and future lost earnings and earnings potential, and future medical and hospital bills. Further, the liability insurance companies can be liable for loss of your enjoyment of life. If you have serious injuries that meet the threshold requirement to sue, you may be able to bring a lawsuit against the other driver(s). To establish the liability of the other driver, your White Plains personal injury attorney will need to prove that the other driver violated their duty of care to other drivers on the road when he or she struck your car with their vehicle. At the Law Office of Mark A. Siesel in White Plains, New York, we have been representing the victims of New York car crashes for over thirty years to recover damages for all of their physical, emotional and financial injuries by way of litigation or alternative dispute resolution including arbitration and mediation.

Truck Accidents

Due to the weight and size of a tractor-trailer, when they are involved in an accident, they can cause devastating injuries to pedestrians and the occupants of other vehicles, such as passenger cars. There are many different reasons why truck crashes happen that are related to truck driver negligence. Common issues include tailgating, speeding, overloading a truck, taking a curve too fast, aggression, inexperience, drunk driving, distracted driving, or fatigue. Often, there are multiple victims, and it is critical to look at all of the possible causes of the accident. The personal injury lawyers at our White Plains firm vigorously pursue all avenues of compensation for our clients and all well versed in the federal regulations which govern the conduct of, and operation of commercial vehicles such as tractor-trailers. Often, the insurance companies for the tractor and trailer are different, and there are multiple insurance policies applicable to the crash, so it is mandatory that the proper investigation be done by attorneys with the requisite experience such as the lawyers at the Law Office of Mark A. Siesel in White Plains, New York.

Motorcycle Accidents

If you are a motorcyclist injured in a crash, you will not be able to recover for your losses through the No-Fault Law. A motorcyclist is not subject to the New York no-fault serious injury threshold. Instead, you may be able to recover damages for a motorcycle crash by suing an at fault operator. In most cases, you will need to establish negligence on the part of the driver. You should be aware that insurance adjusters and juries are often biased against motorcyclists. They often try to raise the issue of comparative negligence or the fault of the motorcycle operator for driving too fast, taking unnecessary risks, weaving in and out of traffic when there is congestion, and essentially using the small size of the vehicle to avoid traffic rules. Under the doctrine of comparative fault, if this is proven, it can reduce the amount of compensation that can be obtained by the motorcycle operator, but at the Law Office of Mark A. Siesel in White Plains, New York, we strive to establish that the driver of the other vehicle must bear responsibility for his or her own negligence and no bias against motorcycle drivers is permissible.

Bus Accidents

The Federal Motor Vehicle Safety Standards define a bus as a motor vehicle that has a minimum carrying capacity of 10 passengers. Buses include municipal transit buses, school buses, interstate carriers, airport shuttles, church buses, and large vans used for public transportation. Buses are considered common carriers, and thus their operators owe the highest duty of care. There are inherent dangers in riding a bus if you are a passenger because the bus is top heavy and may flip and roll over. In some cases, a bus crash is a result of a lack of inspection or maintenance, or it happens because the driver was unqualified, inexperienced, distracted, intoxicated or incapacitated. In cases involving school districts for example, there can be responsibility of both the driver and the employer through the doctrine of ‘respondeat superior.” Similarly, to truck collisions, bus crashes involve federal regulations in many instances, and thus it is vital that you retain attorneys with the experience and knowledge to prosecute your bus case and obtain compensation for all of your injuries, including physical, emotional and financial.

Premises Liability

All property owners or occupiers of properties have a duty to keep their property reasonably safe for lawful visitors or provide warnings to visitors about dangerous conditions. As someone who is injured on the property of an owner or tenant, it must be shown that the property owner created the dangerous condition, or knew or should have known about the dangerous condition before the accident occurred. For example, if you slip and fall in an accumulation of liquid in a grocery store, it must be proven that the grocery store owner had actual or constructive notice of the dangerous condition before the slip and fall occurred. Usually, constructive notice is shown by proving that a dangerous condition existed long enough that a reasonable person or entity should have noticed it and fixed the situation or provided warnings.

Medical Malpractice

To hold a doctor or another health care provider liable for your injuries, it must be shown that the defendant medical provider departed from good and accepted medical, or in the case of other types of providers such as a psychiatrist, psychiatric standard of care, and you were harmed as a result. A violation of the professional duty of care may exist when there has been a failure to diagnose, a delayed diagnosis, an anesthesia error, a lack of informed consent, a surgical error, a failure to refer to the proper specialist, a birth injury, or improperly prescribed medications, among other situations. In medical malpractice cases, it is essential that an appropriate, credible and experienced expert is retained to provide testimony about what the standard of care was, how it was violated, and causation.

Nursing Home Negligence

It is difficult to put your loved one in a nursing home, and it is devastating to find that he or she has been abused or neglected there. Warning signs of elder abuse include pressure sores, unexplained bruises and fractures, depression, sudden alterations in mood, bad hygiene, major weight loss, and financial abuse or exploitation. We have experience holding nursing homes liable for injuries resulting from nursing home neglect and abuse, which may be caused by understaffing, lack of qualifications for assigned responsibilities, inadequate cleaning of a facility, inadequate employee background checks, or inadequate maintenance of medical equipment.

Explore Your Legal Options with a Personal Injury Attorney in White Plains

If you suffer serious injuries or lose a loved one due to the fault of someone else, call the Law Office of Mark A. Siesel. Our White Plains firm has represented the people of Westchester County, as well as Brooklyn, the Bronx, Queens, Manhattan, and Putnam, Dutchess, Orange, Rockland, Sullivan, and Ulster Counties for well over thirty years. Call us at (914) 428-7386 or use our online form to set up a free consultation to discuss your case in specific detail.Se habla español.