New Rochelle, NY Personal Injury Lawyer

Common Causes of Accidents in New Rochelle

New Rochelle, like any vibrant city, experiences various types of accidents. Understanding the common causes can help you protect yourself and your rights if an accident occurs. These include:

• Motor vehicle accidents: Busy roadways and intersections lead to frequent car accidents, including collisions, rear-end impacts, and pedestrian accidents. Distracted driving, speeding, and drunk driving are significant contributing factors.
• Premises liability: Slips, trips, and falls on poorly maintained properties (businesses, residences, public spaces) are common. Inadequate lighting, hazardous conditions, and negligent security can all lead to injuries.
• Construction accidents: Construction sites in New Rochelle present significant hazards. Falls from heights, equipment malfunctions, and unsafe working conditions can result in severe injuries.
• Medical malpractice: Errors in diagnosis, treatment, or surgery can have devastating consequences. Misdiagnosis, surgical errors, and medication errors are common causes of medical malpractice claims.

Types of Injuries We Handle in New Rochelle

The injuries sustained in accidents are diverse and can range from minor to catastrophic. We handle a wide spectrum of injuries, including:

• Traumatic brain injuries (TBIs): Often resulting from car accidents, falls, or assaults.
• Spinal cord injuries: Can lead to paralysis and require extensive medical care and rehabilitation.
• Fractures and broken bones: Common in car accidents, falls, and workplace accidents.
• Soft tissue injuries: Such as sprains, strains, and whiplash, often requiring extensive physical therapy.
• Burn injuries: Can result from fires, explosions, or chemical spills.
• Internal organ damage: Often caused by high-impact collisions or falls from significant heights.
• Nerve damage: Can lead to chronic pain and loss of function.
• Psychological injuries (Including anxiety, depression, and PTSD): Are often overlooked but equally significant.

Who Is Responsible for Your Injuries?

Determining liability in a personal injury case is crucial. Several parties may share responsibility, including:

• Negligent drivers: Drivers who violate traffic laws or operate vehicles recklessly can be held liable for injuries they cause.
• Property owners: Property owners have a legal duty to maintain safe premises. Failure to do so can make them liable for injuries sustained on their property.
• Employers: Employers are responsible for providing a safe work environment. Negligence in safety protocols can lead to liability for workplace accidents.
• Healthcare providers: Doctors, nurses, and hospitals can be held liable for medical malpractice that causes injury.
• Manufacturers: Manufacturers of defective products can be held liable for injuries caused by their products.

How Long Do I Have to File a Personal Injury Claim In New York?

New York State has a statute of limitations for personal injury claims, which generally means you have a limited time to file a lawsuit. The most common statute of limitations is three years from the date of the injury.

However, there are exceptions:

• Medical malpractice: The statute of limitations for medical malpractice claims is often shorter, typically 2.5 years from the date of the injury or the date the injury was discovered.
• Cases involving minors: If the injured person is a minor, the statute of limitations may be extended until 3 years after they reach the age of majority (18).
• Wrongful death: Wrongful death claims have their own statute of limitations, typically two years from the date of death.

It's crucial to consult with an attorney as soon as possible after an accident to ensure you don't miss any deadlines. The sooner we begin investigating your case, the better we can protect your rights.

Do I Need a Lawyer If the Insurance Company Offers Me a Settlement?

Insurance companies often make initial settlement offers that are significantly lower than the actual value of your claim. Their job is to pay you as little as possible. While it might seem tempting to accept a quick settlement, consulting with an attorney before accepting any offer is strongly recommended.

Our experienced personal injury lawyers can:

• Evaluate the offer: They will assess whether the offer fairly compensates you for your injuries and losses.
• Negotiate a better settlement: They can negotiate with the insurance company to secure a more favorable settlement.
• Protect your rights: They will ensure that your rights are protected throughout the process.
• Pursue litigation: If a fair settlement cannot be reached, they can file a lawsuit on your behalf.

What If I'm Partially at Fault for the Accident? Will I Still Receive Compensation?

New York is a "pure comparative negligence" state. This means that even if you are partially at fault for the accident, you can still recover damages. However, your compensation will be reduced by your percentage of fault. For example, if you are found to be 20% at fault, your compensation will be reduced by 20%. Our experienced attorneys can help build a strong case to minimize the percentage of fault assigned to you.

Building a Strong Personal Injury Case

Successfully pursuing a personal injury claim requires a comprehensive understanding of New York State law and a meticulous approach to evidence gathering. We will:

• Thoroughly investigate the accident: We'll gather evidence, interview witnesses, and consult experts to reconstruct the events.
• Negotiate with insurance companies: We'll aggressively negotiate to secure a fair settlement on your behalf.
• Prepare and file your claim: We'll handle all necessary paperwork and meet all deadlines.
• Represent you in court: If a settlement cannot be reached, we'll litigate your case to protect your rights.