New York Injury Attorneys

Personal Injury Overview

Most personal injury lawsuits are brought under a theory of negligence. This means that the plaintiff must show that the defendant owed a duty of care, the defendant did not act with the appropriate care, and the plaintiff was injured as a result. Often, a person or business that you try to hold responsible in a personal injury case may argue that you were partly to blame for the accident that gave rise to your claim. New York is a pure comparative negligence state, which means that the amount of compensation that you are entitled to receive will be reduced by any amount equal to your percentage of fault for the accident. This is an important reason to hire a personal injury attorney in the White Plains area to advocate for you so that you receive all of the money that you are due.

Car Accidents

New York is a no-fault insurance state. If you are hurt in a car accident, you need to first turn to your own no-fault insurance coverage in order to be compensated for your medical bills and other economic losses. You can only go outside the no-fault insurance system and file a personal injury lawsuit against an at-fault driver if your claim meets the serious injury threshold that has been put in place in New York. Serious injuries include bone fractures, significant disfigurement, a permanent restriction on the use of a body member or organ, a significant restriction on using a bodily system or function, or a substantially full disability for 90 days. If your injuries are considered serious, you can hold an at-fault driver responsible for the car accident and pursue compensation for all of your losses.

Truck Accidents

We employ a team of investigators who are experienced in trucking accidents. These often cause devastating injuries to more than one accident victim. Our White Plains personal injury attorneys have handled many different kinds of truck accident claims, including those involving aggressive truck drivers, fatigued truck drivers, texting while driving, overloaded trucks, improperly maintained trucks, and equipment failure. In some cases, it is possible to hold a negligent truck driver accountable, but it is important to look at all of the contributing factors and determine whether other parties should also be held accountable. Other potentially responsible parties could include the trucking company, a third-party loader, a mechanic, the truck manufacturer, or the designer or owner of the road.

Motorcycle Accidents

Motorcycle riders are not covered under the no-fault law. A motorcyclist who is injured by another driver can sue that driver for damages, including economic and noneconomic losses. Common injuries include road rash, spinal cord damage, head injuries, arm injuries, leg injuries, and bone fractures. If a motorcycle accident lawsuit is successful, an injured rider can be awarded compensation for medical expenses, pain and suffering, and lost wages, among other damages.

Premises Liability

When you go to somebody else’s property, you do not expect to be injured while there. Unfortunately, there are many dangerous property conditions that can cause injuries, including broken steps, broken rails, potholes, unprotected swimming pools, and insufficient lighting. If you are injured due to a dangerous property condition on someone else’s property, you likely will need to establish that you were on the property lawfully, and the owner was negligent in failing to repair the dangerous condition that caused the accident. A personal injury lawyer in the White Plains area can help you try to show in a premises liability claim that an owner knew or should have known about a dangerous property condition. Constructive knowledge, meaning that the owner should have known about the condition, may be shown by proving how long the condition existed.

Products Liability

Products can be defective in terms of their design, manufacturing, or marketing. It may be possible to sue under a theory of strict liability, breach of implied warranty, negligence, or tortious misrepresentation. What a plaintiff needs to prove hinges on the theory that they are using. For example, a products liability lawsuit based on negligence needs to show that the manufacturer was at fault. However, to establish strict liability, a plaintiff need only show that the product was defective, and the defect caused their injuries. If a claim is based on a breach of an implied warranty, the plaintiff will need to show that the product is not reasonably fit to be used for ordinary purposes.

Construction Accidents

Construction is one of the most dangerous industries for workers. Generally, the only remedy that a worker has against an employer is a workers’ compensation claim. However, it may be possible to recover damages with the assistance of a White Plains personal injury lawyer by bringing a claim under one of the special New York laws enacted to protect construction workers. These laws include Sections 200, 240, and 241(6) of the New York Labor Law. Under New York Labor Law Section 240, for example, employers and property owners can be held fully liable if an employee gets injured because of a fall or falling object while working at high elevations without the appropriate safety equipment.

Medical Malpractice

Sometimes doctors and nurses fail to adhere to the appropriate standards of care in their profession. They may fail to promptly and accurately diagnose a patient, they may make a serious mistake during surgery, or they may administer the wrong medication. If a doctor makes an egregious error, a patient can bring a medical malpractice lawsuit against them. This probably will involve retaining an expert witness to show how the defendant deviated from the standard of care. At our firm, we are experienced in bringing these complex cases and holding health care professionals accountable for their negligence.

Municipal Negligence

Cities, towns, and villages in the State of New York can be held responsible for your injuries or a loved one’s wrongful death if governmental negligence can be established. Our personal injury attorneys can help White Plains residents bring these claims. Liability could result from a government employee’s negligent acts in failing to maintain a building, sidewalk, or road. It may be possible to hold the government responsible for police misconduct or medical malpractice at a government hospital too. Sometimes a municipality can be held liable for a government employee’s negligence while driving.

Appeals

An appeal occurs when somebody who loses a lawsuit asks the appellate court to review the decision and change it. The person who requests the appeal is an appellant, and the person on the other side is a respondent. An appeal can be taken from an order or judgment made by a court. You cannot appeal a judgment made by an arbitrator or appeal after you have settled a case by a mutual agreement. You have just 30 days from the notice of judgment to file an appeal.

Consult an Experienced Personal Injury Attorney

If you have been injured in an accident that was caused by someone else, you should call the skillful personal injury lawyers at Clark, Gagliardi & Miller. We represent victims throughout Westchester, Rockland, Putnam, and Orange Counties, as well as in the Bronx, Queens, and elsewhere in the New York City region. Call us at 914.946.8900 or complete our online form.