(914) 220-1086When you leave your house each day, you probably don’t expect to be in an accident. Yet each day, thousands of us get hurt in some way. Oftentimes, it is just a matter of dumb luck – but sometimes these accidents are caused by someone else.
If you were hurt by another person’s carelessness, you might be entitled to financial compensation for your property damage, medical bills, pain and suffering, and other losses. A personal injury lawsuit can help you hold the at-fault party accountable for their actions. Our experienced New Rochelle personal injury lawyers can help you get the compensation that you deserve.
At the Law Offices of Thomas L. Gallivan, we represent accident victims in New Rochelle, NY and beyond in all types of personal injury cases. We are fierce advocates for our clients, helping them get maximum compensation. Reach out today to talk to a member of our legal team about your case.
Types of Personal Injury Cases We Handle
Personal injury law – sometimes referred to as “torts” covers a broad category of cases. Generally, a personal injury claim can be brought whenever someone is hurt because of something that someone else did or failed to do.
Our law firm has significant experience representing clients who have suffered serious and catastrophic injuries in all types of cases. Our practice area includes:
- Construction Work Site Accidents: Construction sites can be particularly dangerous for workers. If you are hurt while working on a construction site, you might be able to file a personal injury lawsuit against a third party who caused your injuries. We help construction workers who have been hurt by falls from scaffolding, falling objects, explosions, negligent operation of equipment, and more.
- Car Accidents: Each year, an average of 12,093 people are hospitalized and 136,913 people visit the emergency department due to injuries from motor vehicle accidents. If you are hurt in a car crash, you might be able to file a personal injury claim against the at-fault driver and any other responsible party.
- Trucking Accidents: Commercial trucks play a crucial role in the New York economy – but they can also be incredibly dangerous. Big rig accidents often leave other people with severe injuries. We can help you get justice by taking on the big trucking companies and their insurers for you.
- Pedestrian Knock-Downs: People walking, jogging, or running on roads and sidewalks are uniquely vulnerable to being hit by a car. These accidents are often associated with severe and life-threatening injuries. Victims of pedestrian knock-downs can count on our New Rochelle personal injury attorneys to help them get the compensation that they deserve.
- Slip and Fall Accidents: Property owners have a legal duty to maintain their premises in a reasonably safe condition and to warn others about known hazards. If you get hurt after falling on an uneven sidewalk or tripping on an unsafe elevator, you might be able to file a claim against the property owner and their insurance company for your losses.
Each of our personal injury cases begins with a free initial consultation. During this meeting, you’ll have the opportunity to talk about what happened to you. We will then explain your legal options and rights and give you a ballpark estimate of the value of your claim.
If you decide to hire our law firm, we will get to work immediately to start building a strong claim. We will start with a thorough investigation. Our team will interview witnesses, analyze photos and videos, review documentation, request accident and/or police reports, and gather medical records and other documentation of your loss. At the same time, we will be researching New York law and reviewing insurance policies to determine the best way to proceed with your claim.
Once our investigation is complete, we will draft a demand letter to be sent to the at-fault party’s insurance company. A demand letter has 3 parts: (1) an explanation of what happened; (2) a discussion of the legal reasons why their policyholder is responsible; and (3) a demand for damages (compensation). Typically, when an insurance company receives a demand letter, they will respond with a counteroffer.
The overwhelming majority of personal injury cases in the United States are resolved outside of court. In many cases, skilled negotiation combined with the potential for litigation can push the insurance company to offer a fair settlement., When the insurer knows that the accident victim has an experienced New Rochelle personal injury attorney on their side, they are more likely to offer a settlement rather than risk taking the case to court.
Of course, there are situations where the insurance company refuses to offer an accident victim the money that they deserve. As seasoned trial lawyers, we are ready, willing, and able to litigate the case for you. We will take your case to court and ask a jury to return a verdict in your favor.
Proving Fault in a New Rochelle Personal Injury Case
The key to winning any personal injury claim is being able to demonstrate that the at-fault party (the defendant) caused the victim’s (plaintiff’s) injuries. Most personal injury cases are brought based on a theory of negligence. In legal terms, negligence is the failure to use the level of care that a reasonable person would use in a similar situation.
A defendant might be negligent in any number of ways. On a construction site, a contractor might negligently fail to ensure that safety protocols are followed – leading to a subcontractor suffering a fall from improperly constructed scaffolding. On the road, a driver might speed or use their phone while driving, causing a motor vehicle accident. At a business, the store employees might not mop up a spill, which results in a customer slipping and falling.
In a personal injury case, the plaintiff has the burden of proving that the defendant was negligent in some way. Our New Rochelle personal injury attorneys will use both the evidence and their knowledge of the law to build the strongest possible case to prove liability.
In some cases, the personal injury claim arises out of intentional or reckless conduct. For example, a nursing home abuse case that involves physical or sexual assault could be brought on this basis. It is still possible to file a personal injury lawsuit against someone who acted intentionally or recklessly – whether or not there is a separate criminal case against them.
In many cases, liability is relatively straightforward – such as a driver failing to yield to a pedestrian in a crosswalk and striking them with their car. In other cases, it might take a bit more work to untangle who exactly is liable for a person’s injuries. Our law firm is adept at handling both complicated and simple personal injury lawsuits – always with the ultimate goal of getting our clients maximum compensation for their injuries.
What Kind of Compensation Can I Get for My Case?
If you were hurt in any type of accident, you may be curious about how much money – if any- you are entitled to in a claim. The specific value of your case depends on many different factors, such as:
- The severity of your injuries;
- Whether you are expected to make a full recovery;
- If liability is established;
- The limits of the defendant’s insurance policy; and
- Whether you were partially responsible for the accident.
No matter how much your case is worth, any settlement that you get should cover all of your losses – not just the bills that you have already received. In fact, compensation in a personal injury claim can include much more than just your medical bills and lost wages.
There are three types of damages that are potentially available in a personal injury lawsuit. Compensatory damages – which include both economic and noneconomic damages – pay an accident victim for the direct and indirect losses that they have experienced. Punitive damages punish someone who acted intentionally or recklessly.
In a personal injury lawsuit, you might recover money for:
- Economic damages such as property damage, lost wages, reduced earning capacity, medical expenses, and future medical treatment;
- Noneconomic damages for your pain and suffering, loss of enjoyment of life, scarring, disfigurement, and emotional distress; and
- Punitive damage in more unusual cases involving intentional or reckless conduct (such as a drunk driving accident).
The best way to get full compensation for your injuries is by working with an experienced New Rochelle personal injury lawyer. We will analyze your case to develop a strong claim for damages – and fight to get you every penny that you are entitled to under New York law.
How Our Law Firm Can Help
Accidents might be part of life, but if someone else caused your injuries, you might be able to file a lawsuit against them. We can help you get the money that you deserve for your losses.
At the Law Offices of Thomas L. Gallivan, we are fierce advocates for clients throughout New York who have been hurt in all types of accidents. We offer free initial consultations and never charge a fee unless we recover money for you. To learn more or to talk to a New Rochelle personal injury attorney, give us a call at 914-220-1086 or fill out our online contact form.
How Can I Afford to Pay a New Rochelle Personal Injury Lawyer?
Personal injury law firms typically handle cases on a contingency fee basis. This means that you won’t pay any money up-front – and will only pay a fee if we recover money for you. The attorney’s fee will be a percentage of your total recovery through settlement or trial.
Contingency fee agreements make it possible for anyone to hire a lawyer, even if you don’t have a lot of extra cash on hand. In New Rochelle, contact the Law Offices of Thomas L. Gallivan to talk to a personal injury attorney about your case.
Will My Personal Injury Lawsuit Go to Trial?
Most personal injury cases are resolved outside of court. While it is always possible that you will have to go to court, it isn’t typical. Many times, a lawsuit is filed as a way to preserve your rights and continue negotiations. Once the parties exchange information through the discovery process, it often helps move the case toward a settlement.
At the Law Offices of Thomas L. Gallivan, we work hard to settle our clients’ cases quickly and for a fair settlement. When necessary, we will take a case to trial to get our clients maximum compensation. Call our law firm today to schedule a free consultation with a New Rochelle personal injury lawyer.
Related: New Rochelle Car Accident Lawyers
