Practice Areas

White Plains Attorney Advocating for Accident Victims

At the Law Office of Mark A. Siesel, we are committed to providing skillful and experienced counsel to accident victims. If you are injured through the fault of someone else, you should consult our White Plains personal injury lawyer. We not only understand the law, but we also have a knowledge of human anatomy, how physical and emotional injuries progress, and which kinds of losses may be collateral to temporary or permanent injuries.

Car Accidents

New York follows a no-fault insurance coverage scheme. This means that you must first turn to your own personal injury protection (PIP) coverage if you have been injured in a car accident. However, if your injuries are serious and meet a certain threshold, you can sue an at-fault driver for damages. You will most likely need to establish negligence by a preponderance of the evidence. This means that you would need to show that it is more likely than not that you were owed a duty of care, this duty of care was breached, and actual damages resulted. The duty to use reasonable care while driving can be breached in many different ways, including by speeding, tailgating, drunk driving, driving under the influence of drugs, or failing to obey traffic signals and signs.

Construction Accidents

Construction accidents can result in serious injuries to construction workers and bystanders. As a construction worker who is injured on the job, you may be able to recover workers’ compensation benefits. However, these benefits may not fully compensate a worker for serious injuries. Sometimes it is possible to hold a third party that is not an injured worker’s employer responsible for harm arising from a construction accident. It may be necessary to establish negligence. There are also several special laws that protect construction workers in New York, such that third parties that fail to take certain specified safety measures may be held accountable for injuries. For example, a personal injury attorney in White Plains might bring a claim under Labor Law 240, also known as the Scaffold Law, which provides special protections for workers injured in gravity-related accidents, whether they fall or something falls on them from a height.

Medical Malpractice

Medical malpractice claims can be complex. Not every mistake made by a health care provider counts as medical malpractice. You may be able to recover damages from a licensed health care provider, including a nurse, doctor, physical therapist, specialist, surgeon, or mental health care professional, but only if you can show professional negligence. This means proving that the health care provider was obligated to use the degree of learning, skill, and care expected of a reasonable health care provider in the same profession, and the provider breached the professional duty of care, which caused your injuries.

Truck Accidents

Due to the weight and size of trucks, truck accidents are often devastating. They can be results of truck driver negligence or errors. Truck drivers are supposed to adhere to trucking regulations, and failing to abide by these regulations may be evidence of negligence. For example, interstate truck drivers are limited in the number of consecutive hours that they can drive. If they drive more than what is allowed and then crash into a car because of their fatigue, a White Plains personal injury attorney can help hold them liable.

Premises Liability

If you are injured while you are visiting somebody else’s property, you may be able to hold the property owner or occupier liable for your injuries. Slip and falls are one type of premises liability lawsuit. Accidents can also arise from dangerous property conditions such as broken handrails, missing steps, broken balcony rails, rotted beams, broken bumpers, and potholes. In a premises liability lawsuit, you would need to show that you were lawfully on the property, that the owner or occupier of the property was negligent in addressing a dangerous condition, and that the owner’s negligence caused your injury. You would need to show that the defendant knew or should have known about the dangerous condition and failed to either repair it or issue warnings.

Wrongful Death

A personal representative of a decedent’s estate can bring a wrongful death claim after a death caused by someone else’s negligence. In order to recover damages for wrongful death under New York Estates, Powers, and Trusts Code Part 4, you will need to prove that the death was caused by the defendant’s negligent or wrongful conduct, and the person who passed away could have taken action in court had they not died. One or more survivors must have suffered a loss because of the death, and damages must exist that can be recovered by the estate.

Seek Assistance from a Personal Injury Lawyer in the White Plains Area

Our firm has dedicated itself to providing clients with comprehensive legal representation. We have more than 32 years of experience in obtaining verdicts and settlements for clients in personal injury lawsuits arising out of many different types of accidents. If you were injured in an accident in White Plains, you should consult our firm. Mark A. Siesel also represents clients in Brooklyn, the Bronx, and Queens, as well as Westchester, Kings, Putnam, Dutchess, Orange, Rockland, Sullivan, and Ulster Counties. Contact us at (914) 428-7386 or via our online form.

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