(914) 220-1086If you are hurt in a wreck, then you may be entitled to financial compensation for your losses. This can include money for everything from property damage to medical bills to pain and suffering. An experienced Westchester County accident lawyer can work with you to help you get the money that you deserve for your injuries.
In Westchester County, many residents rely on their vehicles to get to school, work, and anywhere else that they need to go. While driving or riding in a car can be safe, there is also a fairly high risk of being in an automobile accident. In fact, in a single year in Westchester County, there were 3,966 emergency department visits, 289 hospitalizations, and 26 deaths linked to motor vehicle crashes.
Based in White Plains, the Law Offices of Thomas L. Gallivan represent accident victims throughout New York – including right here in Westchester County. We offer free initial consultations and never charge a fee unless we recover money for you. Give our law firm a call today to learn more about how we can help.
Can I File a Lawsuit for My Car Accident Injuries?
You can file a car accident lawsuit in New York for your injuries after a motor vehicle accident if the crash was somehow caused by another person. Most often, these cases are based on a theory of negligence (or carelessness). When a person fails to act with the level of care that a reasonable person would use in a similar situation, they may be considered negligent.
The injury victim (plaintiff) has the burden of proving that the at-fault party (defendant) was negligent in a personal injury case. Negligence has four elements:
- Duty: the defendant owed the plaintiff a duty of care
- Breach: the defendant violated that duty in some way (such as by speeding)
- Causation: this violation was the proximate or “but for” cause of the accident (i.e., but for the defendant speeding, they would have been able to stop in time to avoid the crash).
- Damages: the plaintiff suffered losses in the accident (such as damage to their car, medical expenses, and lost wages).
For example, consider a situation where a person is driving home from work when another driver slams into their vehicle in a t-bone accident. The other driver had a stop sign, but drove right through it – and caused a crash. In this case, the driver who ran the stop sign violated their duty to use reasonable care (and follow traffic laws), caused an accident, and the accident victim suffered losses as a result. They would be considered negligent and could be held financially liable for any injuries that they caused.
Of course, negligence isn’t always so clear-cut – and there may even be situations where the defendant acted recklessly or intentionally, such as in a drunk driving accident. If you have any questions or concerns about whether you can file an insurance claim for your motor vehicle collision, reach out to a Westchester County car accident attorney to schedule a free consultation.
Compensation in a Car Accident Claim
If you are hurt in a crash or are a passenger in a car accident, then you may be able to file a lawsuit to seek financial compensation after an accident for your losses. This may include three types of compensation: economic, non-economic, and punitive damages. Economic and non-economic damages are available in all personal injury cases, while punitive damages are only awarded in claims where the defendant acted intentionally or recklessly.
Economic damages compensate an injury victim for the direct financial losses. Examples of economic damages include lost wages, reduced earning capacity, medical expenses, future medical treatment, and property damage. They are often proven through documentation such as pay stubs, invoices, medical bills, and estimates.
Non-economic damages also pay an accident victim for their losses – but for the harder-to-prove emotional injuries that a person suffers. This may include things like pain and suffering, loss of enjoyment of life, emotional distress, scarring, and disfigurement. Significantly, just because these losses don’t come with a bill doesn’t mean that they are any less important than economic damages – or that they’re impossible to prove. A Westchester County car accident lawyer will work with experts in the field and use their knowledge of similar cases to prove your claim.
Punitive damages are a bit different because they are used to punish a wrongdoer instead of compensating a victim. For this reason, punitive damages are only awarded in cases where a defendant acted intentionally or recklessly, such as a DUI accident. There is no cap on punitive damages in New York.
Finally, if a loved one dies as a result of a car accident in White Plains or beyond, then the personal representative of their estate may be able to file a wrongful death lawsuit. Through this type of claim, you can seek compensation for losses such as funeral and burial expenses, healthcare expenses related to the accident, the value of financial support, services, and parental nurturing care that the deceased person would have provided, and the survivors’ lost inheritance. Any money that is recovered through a wrongful death action will then be distributed to heirs through the estate.
How Can a Westchester County Car Accident Lawyer Help Me?
Car accident cases are typically handled through an insurance company. If another driver rear-ends you, then they will file a claim with their insurer. Their insurance company – usually through an adjuster – will then approach you and ask for a statement or even offer you a settlement.
It may seem like the easiest option is to simply accept whatever the insurance company offers you. However, talking to the adjuster without first consulting with a White Plains personal injury lawyer would be a mistake. The insurance company isn’t on your side – and their main goal is to resolve your claim for as little money as possible.
Insurance companies are incredibly profitable. Part of how they reap hundreds of millions of dollars in profits each year is by making it as hard as possible for claimants to get the money that they deserve for their losses. The best way to protect yourself – and get maximum compensation – is by working with a skilled attorney.
During a free initial consultation, your attorney will listen to your story and offer you advice about your legal rights and options. If you decide to hire a law firm, they will start by investigating the underlying case – interviewing witnesses, reviewing accident reports, analyzing medical bills, and going over any photos or videos of the accident scene. At the same time, they will research New York law to build a strong case for compensation.
The next step of the process is sending a demand letter to the insurance company. This letter outlines the facts of the case and the legal reasons why the insured is responsible before making a demand for compensation. In most cases, insurance companies have already performed their own investigation and are ready with a counteroffer.
Insurers often throw out a lowball settlement offer at first, particularly if an accident victim is not represented by counsel. Again, their goal is to resolve the case as cheaply as possible. When you have an aggressive White Plains car accident lawyer on your team, they are more likely to take you seriously – and to offer you a fair car accident settlement that truly compensates you for the full scope of your injuries.
Studies show that people who are represented by counsel recover an average of 40% more in personal injury claims compared to people who represent themselves. The reason why is simple: insurance companies know that it’s risky to take a case to a jury, and they’re more inclined to offer full compensation if they know that you are ready, willing, and able to go to trial. They also aren’t able to trick or manipulate a person who has an attorney as easily as they might an accident victim who does not know their rights under New York law.
If you want to get the money that you deserve for your injuries, then your best option is to work with a Westchester County car accident attorney. They will fight for your rights, handle the insurance company paperwork and communications for you – and they won’t back down until you get maximum compensation.
Will My Car Accident Case Go to Trial?
Probably not. The vast majority of personal injury claims are resolved outside of court. It is often necessary to file a lawsuit to preserve your legal rights. That does not mean that your case will go to trial. Instead, it is an opportunity to continue negotiations to get you the compensation that you deserve.
If you have been hurt in an accident, the Law Offices of Thomas L. Gallivan is here for you. Reach out today to talk to a Westchester County car accident attorney.
How Can I Pay a Lawyer for My Car Accident Case?
Most Westchester County Personal injury lawyers handle cases on a contingency fee basis. This means that you pay no money out of pocket, and only pay an attorney’s fee if you get money through a settlement or verdict at trial. The total fee will be a percentage of your recovery based on your agreement and New York law.
Contingency fee agreements make it possible for anyone to hire a lawyer. Contact the Law Offices of Thomas L. Gallivan to schedule a free consultation with a Westchester County car accident lawyer today.
Car Accidents in Westchester County, NY
In an average year in New York, there are 136,913 emergency department visits, 12,093 hospitalizations, and 1,098 deaths due to traffic accidents. Here in Westchester County, motor vehicle traffic accidents are a leading cause of death, hospitalizations, and ER visits. On average, there are 355 car crashes in Westchester County every month that cause injury, and 2 fatal accidents per month.
Given its proximity to New York City, it isn’t surprising that traffic in Westchester County is often a nightmare. There are also quite a few roads – such as Saw Mill River Road, Hutchinson River Parkway, and the Taconic State Parkway – that are well-known for being dangerous for drivers. On top of heavy traffic, hills, and poor road maintenance, drivers also have to deal with changing weather conditions, including rain, ice, and snow.
Car accidents in Westchester County can happen for a variety of reasons. According to the National Highway Traffic Safety Administration (NHTSA), the leading cause of motor vehicle accidents is driver error. This may include:
- Distracted driving
- Speeding
- Improper passing
- Failure to yield
- Driving under the influence of alcohol and/or drugs
- Tailgating
- Running stop signs or red lights
- Backing up without looking
- Making unsafe or illegal turns
In addition, factors outside of a driver’s control – such as a faulty car part or bad road conditions – may cause a collision. If you have been hurt in a crash that was caused by another driver or even something like poor road conditions, you may be able to file a claim for your losses. Reach out to the seasoned personal injury attorneys of the Law Offices of Thomas L. Gallivan to schedule a free consultation with a member of our legal team.
Hurt in an Accident? We Can Help.
Being in a car accident can be incredibly scary. In the days and weeks that follow, you may not know what to do or where to turn for help. Our law firm is here for you.
The Law Offices of Thomas L. Gallivan advocates for the rights of accident victims throughout New York. We offer free initial consultations and never charge a fee unless we recover money for you. To learn more or to talk to a Westchester County car accident lawyer, give Gallivan Law Firm call at (866) 931-9539 or fill out our online contact form.
