(914) 220-1086As you go about your daily life, you’ve probably injured yourself in different ways – like getting a papercut, stubbing your toe, or tripping and falling on a walk. Sometimes, these accidents are just a matter of bad luck. In other situations, you might get hurt because of something that someone else did (or failed to do).
If you were hurt because another person was careless or reckless, you might be able to file a personal injury lawsuit for your losses. Through a legal claim, you can recover financial compensation for your lost wages, medical bills, property damage, emotional distress, and other losses. Our seasoned Mamaroneck personal injury lawyers will advocate for you and help you get the money that you deserve for your injuries.
At the Law Offices of Thomas L. Gallivan, we represent accident victims in Mamaroneck, NY, and throughout Westchester County in all types of personal injury cases. We offer free initial consultations and handle all cases on a contingency fee basis. Reach out today to talk to a Mamaroneck personal injury attorney about your case.
Types of Personal Injury Cases We Handle
In New York, personal injury law includes any type of case where a person is hurt because of another person’s actions. This may be due to negligence (carelessness) as well as intentional or reckless acts. In these cases, the injury victim (plaintiff) can pursue legal action against the at-fault party (defendant).
Our law firm has more than 40 years of experience representing clients in personal injury claims We help people who have been hurt in the following types of accidents:
- Car Accidents: Each month, an average of 3 Westchester County residents are killed in motor vehicle accidents, while another 42 people are hospitalized and 535 people visit the emergency department because of accident-related injuries. If you are hurt in a car accident, we can help you file a personal injury lawsuit against the at-fault driver and their insurance company.
- Trucking Accidents: While big rigs and semi trucks are important to the local economy, they also present a major risk of serious injury to Mamaroneck drivers. We will take on the big trucking companies – and their insurers – to help you get the money that you deserve for your injuries.
- Pedestrian Knock-Downs: When you go for a walk or a run, you don’t expect to be hit by a car – but too often, drivers simply don’t pay attention to pedestrians along the side of the road or crossing a street. Pedestrian accidents often cause severe and catastrophic injuries. Our Mamaroneck personal injury attorneys will fight to protect your legal rights and help you get justice.
- Slip and Fall Accidents: In New York, property owners are responsible for keeping their premises reasonably safe and warning visitors about hazardous conditions. If you are hurt because of an unsafe condition – like an icy sidewalk or an unsafe escalator – then you might be able to file a premises liability lawsuit against the property owner to recover money for your injuries.
- Construction Work Site Accidents: Construction sites are known to be dangerous for workers. While many work-related accidents are covered by the workers’ compensation system, if you were hurt because of a third party – such as a subcontractor on the job site – you might be able to file a personal injury lawsuit against them. We help construction workers evaluate their options and pursue a claim beyond workers’ comp for their injuries.
Our personal injury cases start with a free initial consultation. During this appointment, you will get a chance to talk about what happened to you and why you believe that another person is responsible for your injuries. We will listen carefully before offering legal advice on your rights and options when it comes to filing a personal injury lawsuit.
If you hire our law firm, we will begin with a thorough investigation of your accident. This typically includes requesting accident or police reports, requesting medical records, interviewing witnesses, and seeking photos and videos of the accident scene. We will also research New York law to build the strongest possible legal case for compensation (damages).
The next step in the process is to send a demand letter to the at-fault party’s insurance company. This letter is used to put the insurance company on notice of the claim and to make a demand for compensation. It includes an explanation of what happened, the legal reasons why their insured is responsible for your injuries, and a demand for damages.
In most cases, the insurance company will respond with a counteroffer to begin the negotiation process. For example, you might make a demand for $500,000 in damages and the insurance company may respond with an offer of $250,000. This is just a starting point for negotiations.
Although it may be necessary to file a formal lawsuit to preserve your legal rights, most personal injury cases in the United States are resolved without going to trial. Our Mamaroneck personal injury lawyers are skilled at negotiating high-value settlements for our clients. We are also experienced litigators who have what it takes to win cases at trial.
If the insurance company refuses to offer you a fair settlement for your injuries, we will take your case to court. At trial, we will make arguments, introduce evidence, and question witnesses. We will then ask the jury to return a verdict in your favor.
Filing a Personal Injury Lawsuit in Mamaroneck, New York
If you were hurt because of something that someone else did or failed to do, you might decide to pursue legal action. Generally, the plaintiff in a personal injury case has the burden of proving that the defendant caused their injuries. In most cases, personal injury claims are based on a theory of negligence – or carelessness.
A person is said to be negligent when they fail to use the level of care that a reasonable person would use in a similar situation. For example, a driver who runs a red light or fails to yield might negligently cause a car accident. A business owner might be negligent in failing to keep their sidewalks clear during a snowstorm, leading to a fall.
In some cases, negligence is presumed – a legal concept known as negligence per se. When a person violates a law or regulation that was designed to prevent harm and causes harm that the law was designed to prevent, they are negligent per se. The burden then shifts to the defendant to prove that they weren’t negligent. For example, if a person texts while driving and causes a crash, they will likely be considered negligent per se.
In certain situations, a person is injured not because of carelessness, but because of intentional or reckless behavior. This can include things like drunk driving accidents as well as nursing home abuse. Regardless of whether or not criminal charges are filed against the at-fault party, you can still pursue financial compensation through a personal injury lawsuit.
Proving fault can sometimes be straightforward, such as in a rear-end accident. In other cases, proving liability can be more complicated (such as determining which subcontractor on a job site was responsible for a dangerous condition that led to an accident). Our Mamaroneck personal injury attorneys have significant experience analyzing complex personal injury cases to determine who was responsible for our client’s injuries so that we can help our clients get maximum compensation for their injuries.
Compensation in a Mamaroneck Personal Injury Claim
If you were hurt in an accident, you might be entitled to financial compensation for your injuries. Through a personal injury lawsuit, you can recover money for all of your losses. This may include three types of damages: economic, non-economic, and punitive damages.
Economic damages pay for your direct financial losses, such as property damage, lost wages, reduced earning capacity, medical bills, and future medical treatment. Noneconomic damages pay for intangible losses like pain and suffering, emotional distress, loss of enjoyment of life, scarring, and disfigurement. Together, economic and non-economic damages are referred to as compensatory damages.
Punitive damages are available in more unusual cases where the defendant acted intentionally or recklessly. They are different from compensatory damages because the goal is not to compensate a victim for their losses. Instead, the purpose of these damages is to punish a person who acted in an unacceptable way, whether through drunk driving, assault, or another type of intentional or reckless behavior.
The value of your personal injury claim will be based on a few different factors. This includes how serious your injuries are, whether you will be permanently disabled, and the limits of the defendant’s insurance policy. It will also depend in part on whether liability is clear and if you bear any responsibility for the accident.
Any personal injury settlement should cover all of your losses, including both the direct bills and invoices that you have received as well as the types of losses (like emotional trauma) for which you won’t ever get a bill. If an insurance company refuses to offer you fair compensation for all of your injuries, then you may need to file a legal claim to protect your rights and get the money that you are entitled to under New York law.
Hurt in an Accident? Give Us a Call.
If you were hurt because of someone else’s actions, you might be able to file a personal injury claim to recover financial compensation for your losses. Our legal team will protect your legal rights and take on the big insurance companies for you. While we fight for your right to full compensation, you can focus on what is truly important: your healing and recovery.
At the Law Offices of Thomas L. Gallivan, we advocate for Westchester County residents who have been hurt in all types of accidents. For each case, our goal is to help our clients get maximum compensation for their injuries. To learn more or to schedule a free consultation with a Mamaroneck personal injury attorney, give us a call at 914-220-1086 or fill out our online contact form.
Can I Negotiate My Own Personal Injury Settlement?
After an accident, you might be approached by an insurance adjuster who asks you to give a statement, sign some paperwork, or accept a settlement. You might be tempted to take the check and be done with the case – but this is almost always a mistake. Insurance companies are in business to make money, so their goal is to resolve your claim for as little money as possible.
There are situations where it may make sense to negotiate your own settlement, such as a very minor car accident with no injuries. In almost every other case, your best option is to consult a lawyer before talking to an adjuster or signing any paperwork. In Mamaroneck, contact the Law Offices of Thomas L. Gallivan to talk to a personal injury attorney about your case.
How Can I Pay for a Mamaroneck Personal Injury Attorney?
When you have been hurt in an accident, you might be out of work and experiencing some financial strain with mounting bills. Fortunately, it is possible to hire a lawyer without paying anything out of pocket. Personal injury law firms handle cases on a contingency fee basis, which means that you only pay an attorney’s fee if they recover money for you.
Contingency fee agreements make it possible for anyone to hire a lawyer even if they don’t have extra cash on hand. Call the Law Offices of Thomas L. Gallivan today to schedule a free consultation with a Mamaroneck personal injury lawyer.
