(914) 220-1086At the Law Offices of Thomas L. Gallivan, we are fierce advocates for accident victims. From our offices in White Plains, we represent clients throughout New York as a whole. To learn more or to schedule a free initial consultation with a Westchester County personal injury attorney, call our law firm today.
Personal injury law encompasses a broad range of claims, from slip and falls to car accidents to construction accidents. If you have been hurt because of something that someone else did – or failed to do – then you may be entitled to financial compensation. This can include money for property damage, lost wages, medical bills, pain and suffering, and more.
Filing a Lawsuit for a Personal Injury Matter
In a personal injury claim, there are usually two parties: the injury victim (plaintiff) and the person who caused the harm (defendant). Typically, the defendant is represented by their insurance company. Their automobile, renter’s, homeowner’s, or commercial insurance policy will usually cover any settlement or verdict at trial.
Most personal injury cases are based on a theory of negligence, which is a type of carelessness. In some situations, a claim is based on intentional or reckless conduct – such as a drunk driving accident or nursing home abuse. Generally, the plaintiff has to prove that the defendant is legally responsible for causing them harm.
For negligence cases, a plaintiff must prove the following:
- Duty: the defendant owed the plaintiff a duty of care
- Breach: the defendant violated that duty in some way (such as by swerving into a bike lane and hitting a bicyclist)
- Causation: this violation was the proximate or “but for” cause of the accident (i.e., but for the defendant moving into the bike lane, the accident wouldn’t have happened).
- Damages: the plaintiff suffered losses in the accident (such as emotional trauma, property damage, and medical bills).
Negligence can often be more complicated, such as in medical malpractice claims (where a plaintiff will have to prove that the defendant did not meet a certain standard of care). There may even be situations where both parties bear some of the fault for an accident. If you have questions about whether you can file a personal injury claim, reach out to our law firm to schedule a free initial consultation.
Getting Compensation for a New York Personal Injury Claim
If you decide to hire a Westchester County personal injury lawyer to represent you, they will get to work right away to investigate and support your claim. The first step is usually an investigation, where your lawyer will analyze reports, medical bills, photos and videos, and interview witnesses to get a better understanding of what happened and who may be at fault. For example, you may think that the only person that you can sue for a car accident is the other driver – but you may also be able to file a claim against a local government agency that failed to properly maintain the road.
Your attorney will simultaneously research New York case law to put together a strong claim. Next, they will draft what is known as a demand letter to the at-fault party’s insurance company. This letter will set forth the facts of the case, explain why the insured is responsible, and then make a demand for compensation (damages).
In a personal injury lawsuit, you may be able to recover three types of damages: economic, non-economic, and punitive. Economic and non-economic damages are compensatory, as they compensate an injury victim for their losses. Punitive damages are designed to punish someone who acted intentionally or recklessly.
Economic damages pay for direct financial losses, or your out-of-pocket expenses. They may include things like property damage, lost wages, reduced earning capacity, medical bills, future medical expenses, and more. For example, if you have to renovate your house to accommodate a disability, then that could be covered as part of your economic damages.
Non-economic damages pay for intangible losses. This category of damages is often harder to prove, given that you don’t exactly get a bill for the different ways that anxiety or depression affect your life. But these losses – like pain and suffering, emotional distress, scarring, disfigurement, and loss of enjoyment of life – are incredibly important. They are often key to making a person whole again.
Finally, punitive damages are available in cases where the defendant acted intentionally or recklessly. They are awarded by a jury if your case goes to trial. In New York, there is no cap or limit on punitive damages.
Insurance companies often focus on economic damages and often downplay non-economic losses. They may use an algorithm to come up with a settlement number based on your economic damages multiplied by a number that represents what they think are your non-economic damages. This often results in a settlement offer that is far below the true value of your case.
Once your lawyer has sent a demand letter, the insurance company will usually respond with a counteroffer. The parties will continue to negotiate until a settlement has been reached. In some cases, it may be necessary to file a lawsuit to preserve your legal rights, uncover more information, and continue negotiating.
The majority of personal injury cases are resolved outside of the courtroom. However, if necessary, your Westchester personal injury attorney will take your case to trial to ask a jury to return a verdict in your favor.
How Much Is My Personal Injury Case Worth?
It depends. The value of any personal injury claim is based on multiple factors, including the severity of your injuries, whether you were partially at fault, and even the size of the at-fault party’s insurance policy. During a free consultation, your attorney can give you a ballpark estimate of the value of your case.
If you have been hurt in an accident, the Law Offices of Thomas L. Gallivan will fight for your right to maximum compensation. Give our law firm a call today to talk to a Westchester County personal injury attorney.
How Long Do I Have to File a Personal Injury Lawsuit in New York?
The statute of limitations for personal injury claims in New York is 3 years. With some exceptions – such as for children who were under 18 at the time – you have 3 years from the date of the accident to file a claim. For medical malpractice, the statute of limitations is slightly shorter – 2 years and 6 months.
To best protect your legal rights, it’s important to consult with an attorney as soon as possible. Contact the Law Offices of Thomas L. Gallivan to schedule a free consultation with a Westchester County personal injury lawyer today.
How Can a Westchester County Personal Injury Lawyer Help Me?
Insurance companies are not generally interested in making sure that Westchester County accident victims get the most possible money for their injuries. Instead, their primary goal is to pay out as little as possible on claims. That is one of the ways that insurance companies are able to be so profitable.
Having an attorney by your side reduces the risk that an insurer will be able to talk you into a lowball settlement or convince you to give up important rights. It also increases the odds that you will get maximum compensation for your injuries.
Studies commissioned by the insurance industry show that people who are represented by counsel recover an average of 40% more in personal injury claims compared to people who represent themselves. Insurance companies know that if you hire an attorney, the chance of you getting a fair settlement is higher. They also know that you can take the case to trial if necessary – and that you won’t simply accept any settlement that they offer you.
In addition to fighting for your right to full compensation, a Westchester personal injury attorney will take on the burden of fighting the insurance company for you. They will handle all correspondence, paperwork, and other details so that you can focus on what is truly important: your health and your family.
Types of Westchester County Personal Injury Cases We Handle
Personal injury law – also known as tort law – is designed to protect people who have suffered some type of injury because of another person or entity. In a personal injury lawsuit, the at-fault party (defendant) may be required to pay the victim (plaintiff) for any losses that they may have suffered.
You can file a lawsuit against another person or entity (such as a government agency or corporation) if you got hurt because of something they did or failed to do. Our law firm has significant experience handling all types of personal injury matters, including:
- Construction work site accidents, including falls from scaffolding and explosions;
- Automobile accidents
- Pedestrian knock-downs
- Truck accidents
- Uber accidents
- Motorcycle accidents
- Bicycle accidents
- Train, subway, and bus accidents
- Slips, trips, and falls
- Unsafe elevators
- Dog bites or animal attacks
- Negligent security
- Uneven sidewalks
- Nursing home abuse
- Group home abuse
- Medical malpractice
- Orthopedic malpractice
We also help family members who have lost a loved one in an accident through wrongful death lawsuits.
Our clients and their families have suffered all types of injuries, from broken bones to traumatic brain injuries to paralysis to death. We treat each client with respect and compassion. For each case, we work hard to help our clients and their loved ones get maximum compensation – and some measure of justice.
If you have been hurt in any type of accident, don’t hesitate to call. Contact the skilled personal injury attorneys of the Law Offices of Thomas L. Gallivan to schedule a free consultation with a member of our legal team.
Need a Personal Injury Attorney? We’re Here for You.
Being hurt in any type of accident can be incredibly traumatic. As you recover from your injuries, you may be worried about the next steps and how you can best advocate for yourself. The answer is simple: you can reach out to a personal injury law firm to fight on your behalf.
Based in White Plains, the Law Offices of Thomas L. Gallivan works with injury victims in Westchester County and beyond. We offer free initial consultations and handle all cases on a contingency fee basis. To learn more or to talk to a Westchester County personal injury lawyer, give us a call at (866) 931-9539 or fill out our online contact form.
