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.
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. You may need therapy to adjust to new restrictions on your movement. When you bring a personal injury lawsuit, you can try to recover these damages.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. We also represent people in Brooklyn, the Bronx, and Queens, as well as Westchester, Kings, Putnam, Dutchess, Orange, Rockland, Sullivan, and Ulster Counties. Call us at (914) 224-3086 or complete our online form.
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- Assault Injuries
- Backover Accidents
- Bicycle Accidents
- Construction Accidents
- Dangerous & Defective Products
- Dog Bites / Animal Attacks
- Electric Bike Accidents
- Food Poisoning
- Medical Malpractice
- Municipal Liability
- Nursing Home Neglect
- Pedestrian Accidents
- Police Misconduct
- Premises Liability
- Subway and Railroad Accidents
- Wrongful Death