Personal Injury

Accident Attorney Assisting Victims in the Westchester County Area and Beyond

Whenever there is an accident, you face the possibility of suffering injuries. Certain injuries are catastrophic, meaning that they change the accident victim’s life permanently and have long-term consequences, such as an inability to work or a need for special equipment. Serious injuries could include amputations, traumatic brain injury, spinal cord damage, disfigurement, burn injuries, quadriplegia, paraplegia, and complex fractures. White Plains personal injury lawyer Mark A. Siesel can help you seek compensation for all of the injuries that you have suffered. If you have been injured, contact The Law Office of Mark A. Siesel for a free consultation.

How Do I Know If I Have a Personal Injury Claim?

To determine if you have a personal injury claim in New York State, there are a few key factors to consider:

• Injury and damages. First and foremost, you need to have sustained an injury to have a claim. This can be physical, emotional, or psychological. The injury must also result in damages, such as medical expenses, lost wages, or pain and suffering.
• Negligence. You must prove that someone failed to take reasonable care to avoid harm. For instance, if you slip and fall on an icy sidewalk because the property owner failed to salt the path, the property owner’s negligence may make them liable for your injuries.
• Proof of liability. To have a successful personal injury claim, you need to demonstrate that the other party was legally responsible for your injury. This could be through direct evidence (like witness testimony, photographs, or video footage) or through the use of expert testimony (such as from medical professionals or accident reconstruction experts).
• Time. In New York State, personal injury claims are subject to a statute of limitations, which is a time limit for filing a lawsuit. For most personal injury cases, you have three years from the date of the accident or injury to file a lawsuit. Missing this deadline could bar you from seeking compensation.
• Severity of the injury. Not every injury will automatically lead to a viable claim. Minor injuries might not justify the time and expense of filing a lawsuit. However, if your injury leads to long-term consequences such as permanent disability, chronic pain, or significant financial loss, you may have a stronger case.

It’s not always easy to tell whether you have a personal injury claim. For example, if you have surgery and have serious complications, was this simply due to unavoidable circumstances or was the doctor negligent? If you are in a traffic accident, how can you know whether the accident was preventable? You might not see that the other driver was texting or was distracted.

If you have been injured, the best course of action is to consult with an experienced personal injury attorney in New York State—even if you’re not sure you have a claim. An attorney can help you evaluate the facts of your case, explain your rights, and guide you through the process of seeking compensation for your injuries. They can also ensure that you don’t miss any crucial deadlines and provide you with the best chance for a successful claim.

Even if you’re not sure you have a claim, it’s important to keep in mind that injuries can be very expensive. The types of expenses may vary based on the type of injury and its severity. For example, if you suffer from quadriplegia after a truck accident, you may need to make alterations to your home and pay for expensive medical equipment. You may need the care of a specialist or therapy to adjust to new restrictions on your movement. When you bring a personal injury lawsuit, you can try to recover these damages. If you don’t seek compensation, you will be responsible for the costs yourself.

Personal Injury Claims

In New York, you must file a personal injury lawsuit for damages within the applicable statute of limitations for your case. There are a variety of statutes of limitations for different types of cases. The standard statute of limitations is three years, but it is different for municipal liability claims, many medical malpractice claims, and many contractual claims. Each case is different, however, so it is important to determine the validity and viability of your claim immediately. There are many different kinds of accidents, and what needs to be proven may vary depending on the type of accident that gave rise to your injuries. Some common accidents include bicycle accidents, car accidents, truck accidents, slip and falls, construction accidents, and dog bites.

Often, personal injury lawsuits are brought under a theory of negligence. A personal injury attorney in White Plains would need to prove by a preponderance of the evidence that you were injured because someone else failed to meet the appropriate duty of care in the situation. The duty of care owed will depend on the circumstances. For example, a truck driver is expected to use reasonable care when operating a truck. A surgeon is expected to follow a professional duty of care when performing a surgery. A property owner is expected to use reasonable care to look over his or her property to make sure that any dangers are fixed or that there are warnings given to visitors about the dangers.

Sometimes a defendant argues that the plaintiff was also negligent as a way of reducing his or her liability. New York follows the doctrine of pure comparative negligence, unlike some states that follow a modified comparative negligence doctrine. Under a doctrine of pure comparative negligence, your damages can be reduced in proportion to your fault for the accident. For example, if you were speeding through an intersection, and a truck was also speeding and T-boned you, the jury would look at the evidence and determine your percentage of fault. If the total damages were $500,000, and you were 20% responsible, you would be able to recover $400,000. A White Plains personal injury attorney can help you challenge allegations of comparative fault.

Damages for Accident Victims

Damages that may be available if you can establish liability in a personal injury lawsuit include compensatory damages for economic and noneconomic losses. Economic losses are often documented, tangible losses. For example, if you are bitten on the face by a dog, you may be able to recover the cost of revision surgeries as an item of loss in your damages by successfully bringing a personal injury lawsuit. Noneconomic damages, such as pain and suffering and mental anguish, are losses that the jury believes would naturally flow from the types of injuries that you experienced.

Seek Guidance on Your Legal Rights and Options

Accidents can result in serious or even fatal injuries. If you were injured in an accident caused by someone else, you may be able to recover damages by bringing a personal injury lawsuit. It is important to have knowledgeable and skillful legal representation. You can contact the Law Office of Mark A. Siesel for a free consultation with a personal injury lawyer in White Plains. With close to 40 years of experience, Mark Siesel has successfully handled a wide range of legal cases, from personal injury claims to complex construction accidents and more. His long-standing career has provided him with the skills and knowledge to navigate even the most complicated legal matters. Whether you’re dealing with a major injury, a business dispute, or another challenging legal issue, you can trust that your case will be managed with the highest level of expertise and care.

We also represent people in Brooklyn, the Bronx, and Queens Counties, as well as Westchester, Kings, Putnam, Dutchess, Orange, Rockland, Sullivan, and Ulster Counties. Call us at (914) 428-7386 or complete our online form.

Viewing this page does not create an attorney-client relationship. You must contact us and retain our firm before you can rely on a legal opinion. You need to schedule an immediate consultation to not prejudice your legal rights.

• Assault Injuries
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• Injuries
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• Municipal Liability
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• Premises Liability
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• Wrongful Death