Times of Need
Yonkers, New York
Yonkers Lawyer for Personal Injury Lawsuits
With a population of 200,183, the largest in Westchester County, Yonkers is located on the Hudson River in Westchester County. It is home to the Hudson River Museum, which has its own planetarium, and beautiful parks including Untermyer Park. The city is also known for one of the original outdoor shopping malls at the Cross County Shopping Center, and harness racing at the Empire Casino (formerly the Yonkers Raceway). In 2006, the city added legalized video slot machine gambling at “Empire City.” The world’s first elevated mass transit system was created in 1867 in the city. In 1988, the country’s first game of golf was played in the city on Lake Avenue. Unfortunately, at present, DMV statistics show that the city has the highest rate of vehicle accidents in Westchester County. The average EMS wait time in the city after a motor vehicle accident is 7.4 minutes. The seasoned Yonkers personal injury lawyers of the Law Office of Mark A. Siesel are just 15 miles from Yonkers City Hall. Give us a call if you were injured in an accident caused by someone else.
Personal Injury Lawyers
Most personal injury lawsuits filed, from car accidents to pedestrian accidents, are pursued under a theory of negligence. When we pursue damages under a theory of negligence, we will need to show it is more likely than not: (1) the defendant owed you a duty of care, (2) the defendant breached that duty, (3) the breach caused your injuries, and (4) you suffered actual damages as a result. If our lawyers are unable to show any of these elements, we will not be able to prevail in your case.
The situation will determine whether the defendant breached his or her duty of care. All drivers owe a duty to use reasonable care to avoid injuring others with whom they share the road. They may breach this duty by speeding, weaving, tailgating, failing to obey traffic signs and signals, drunk driving and driving while distracted. For instance, if a defendant was eating a slice of pizza while driving in Yonkers and rear-ended you because he was paying attention to the pizza instead of responding to traffic, that would be evidence of negligence. For another example, if the defendant ran a red light because he was under the influence of cocaine, we may be able to show he was negligent, in addition to any criminal penalties he may also face.
Comparative Negligence
New York courts follow the doctrine of comparative negligence. Under this doctrine, your damages will be reduced by an amount proportionate to your degree of responsibility for the accident. Suppose for example that the jury decides your economic and noneconomic losses in a motorcycle accident amount to $500,000 but finds you 10% responsible for speeding slightly while the other driver is 90% responsible for the crash. Your damages would be reduced by $50,000, such that you could only recover $450,000 from the other driver.
Other Personal Injury Cases
Other rules may apply to other situations. For example, in a premises liability lawsuit arising out of a dangerous property condition that causes you injuries, our attorneys would need to show that the defendant knew or should have known about the dangerous property condition before you were injured and either failed to repair or failed to issue warnings when he should have. Construction accidents in Yonkers involving heights may be brought under Labor Law 240(1), which is also called the Scaffold Law.
Call a Seasoned Personal Injury Lawyer About Your Lawsuit
It is crucial to consult a trustworthy Yonkers personal injury attorney if you were injured through the fault of another in the area. Knowledgeable counsel will have built up a strong reputation with the courts and opposing counsel that practice in the same region and specialty, and this can allow your case to be resolved more expeditiously and fairly. Once you become our client, we will keep you apprised of the status of your case until it is resolved. We will fight to obtain the maximum compensation for our clients, by way of trial, mediation or resolution with the insurance companies involved. Please contact Mark A. Siesel at (914) 428-7386 or complete our online form for a free initial consultation and dedicated legal representation.