Fighting for Victims in
Times of Need
Times of Need
Injuries
Westchester County Lawyer for Injuries Arising From Accidents
After an accident in Upstate New York, you may be stressed and uncertain about your recourse. You may be able to bring a lawsuit for damages. Common injuries that arise from accidents include back injuries, brain injuries, burn injuries, herniated discs, knee injuries, and neck injuries.
If you suffered injuries as a result of another’s negligence or wrongdoing, the stakes may be high, and you should seek experienced counsel. Contact the seasoned personal injury attorney Mark A. Siesel. With Mr. Siesel’s early professional experience representing defendants until the mid-1990s and representing injured victims of accidents for the last 39 years, he understands how defendants think and defend lawsuits. Mr. Siesel’s law firm, The Law Office of Mark A. Siesel, has an experienced and compassionate team who are here to help when you most need it.
Injuries in Westchester County and Upstate New York
Injuries arising out of an accident can range from minor to catastrophic. More “minor” injuries could include a simple broken bone, concussion, bruises, soft tissue injuries, and small lacerations on parts of the body that are not visible. While these may be dismissed as minor, they can still result in significant medical bills and pain. In addition, they can put you at risk of serious complications.
On the other end of the spectrum are catastrophic injuries, including skull fractures, brain injuries, disfigurement, spinal cord damage, comminuted or complex fractures that don’t heal easily. These injuries can be life-changing, leading to permanent injury and leaving you unable to return to work.
The types and extent of your injuries after an accident will determine your damages. The more significant your injuries and the greater an impact they have on your life and earning capacity, the more you can generally recover. If you’re not sure whether your injury qualifies you for compensation, consult with a personal injury attorney who can explain your options.
If you think you may have a claim, it’s important to consult with a personal injury attorney as soon as you can. In most cases, insurers for an at-fault party will look for ways in which you were at fault in order to shift blame and evade liability, even when you are catastrophically injured, and you have been irreparably harmed by another’s negligence. Getting an attorney involved quickly allows your lawyer to protect you from insurers’ tactics. Fortunately, The Law Office of Mark A. Siesel makes it very easy to contact an attorney fast. You can always contact us for a free consultation when you’re injured. We reply to your email or phone call within 24 business hours, so you get answers quickly.
What To Do If You’re Injured
One of the most common mistakes that individuals make after an injury is to not take the situation seriously. They may try to ignore symptoms or fail to consider the long-term financial and legal implications of their injury. Unfortunately, this can make it more difficult to get fair compensation later. Here is what you’ll want to do if you are injured:
- Seek medical attention. Even if you think the injury is minor, unless you’re a doctor you simply can’t make that determination for yourself. Seeing a medical professional after your injury ensures you get a diagnosis and start treatment. It also starts the process of documenting your injury, since your medical provider’s notes and assessment will be crucial if you file a claim.
- Gather as much evidence as possible. If you can, take photos of the injury and the surrounding area. Write down what you remember. Take note of who may have seen the injury or get the contact information of possible witnesses. This gives your attorney a starting point for building a case.
- Be careful what you say. Sometimes, when we’re seriously injured, we say things instinctively. For example, we may say “I’m fine” if someone asks us if we’re hurt or we may say “I’m sorry” without thinking twice. Even simple statements like these can be used against you by the defendant’s insurers. By the same token, even innocent posts on your social media account can harm your claim. Avoid speaking with anyone but your attorney and doctors about your injuries.
- Contact an attorney. As soon as you can, contact a personal injury attorney. Even if you have been injured in a car accident or workplace accident and believe your injuries are covered by insurance, it’s valuable to get an experienced attorney’s evaluation of your situation. A lawyer may see other options and other liable parties than what you have considered, improving your chances of fair compensation.
Always act quickly to protect your rights and consult with a lawyer before making any statements or signing any documents. Remember that insurance companies and at-fault parties have a financial motive to minimize your claim.
For many individuals, the total costs of a serious injury are much higher than anticipated. For example, The Christopher & Dana Reeve Foundation reports that living with a serious, permanent spinal cord injury can cost over $4.7 million over a lifetime.
When you are first injured, you may not consider all the costs, including medical bills, ongoing medical care, personal care, and lost income. Even if you can return to work, you may have lost earnings capacity or lucrative opportunities. You may be facing incidental expenses, too. It is your attorney’s job to accurately estimate your likely total costs and then aggressively pursue fair compensation to cover more of those expenses.
Proving Negligence in Upstate New York
In order to recover damages for an injury in a lawsuit, our White Plains lawyers will need to show it’s more likely than not: (1) you were owed a duty of reasonable care, (2) breach of the duty to use reasonable care, (3) causation, and (4) actual damages. The particular circumstances will determine what the defendant’s duty to use reasonable care was, and whether and how it was breached. For example, all drivers owe a duty to use reasonable care to avoid injuries to others with whom they share a road. This duty could be breached by speeding, tailgating, weaving, driving under the influence, racing, texting while driving, driving while distracted, or driving while fatigued.
New York follows the rule of comparative negligence. This means that your damages may be reduced by an amount equal to your degree of fault. For example, if you suffered paralysis in a car accident, and the damages were $1 million, but you were 50% at fault for the accident because you were speeding, you would only be able to recover $500,000 in damages.
Damages
In most cases, when our attorneys are able to establish liability, the damages we’ll recover for you will be compensatory. This means they are intended to put you back in the position you would have been in had there been no negligence. They can include both economic and noneconomic losses. If, for example, you fell off a balcony and suffered a spinal fracture and broken legs, you may be in pain and you may find yourself unable to work in the same job or do the activities you were able to do before. Damages we may be able to recover in a premises liability lawsuit include medical bills, lost wages, pain and suffering, loss of enjoyment, and loss of consortium.
In instances of egregious misconduct, our lawyers may be able to pursue punitive damages, which are damages awarded to punish the defendant and deter future misconduct.
Consult a Seasoned Personal Injury Lawyer
If you or a loved one was injured in an accident caused by someone else, even in part, you should discuss a potential claim with White Plains personal injury attorney Mark A. Siesel. His prior defense experience gives him unique insight into how insurance companies and defense lawyers evaluate and defend cases. Mr. Siesel has decades of experience representing accident victims in Brooklyn, the Bronx, and Queens, along with Westchester, Putnam, Dutchess, Sullivan, Rockland, Orange, and Ulster Counties. Please contact us at (914) 428-7386 or complete our online form for dedicated legal representation.