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Dealing with a painful and debilitating injury can put victims in a difficult position.  You may feel that you have few options to deal with your situation.  However, if your injuries were caused by another party who failed to reasonably prevent them from occurring, you may be able to seek compensation in court. 

Personal injury lawsuits allow victims to file claims against negligent or reckless people or entities to recover for the harms that they sustained.  To succeed, you must prove the four traditional elements of negligence: duty of care, breach of duty, causation, and injury.  Damages in a personal injury lawsuit in Westchester could include medical expenses, lost wages, and pain and suffering.  If you are interested in filing your lawsuit, you must do so within three years of the date of your injury, so be sure to act quickly and consult a lawyer about your options as soon as possible. 

The Martello Law Firm takes pride in our ability to obtain the compensation that our clients require to engage in their recovery in financial comfort.  No matter what concerns you may have about your potential case, our Westchester personal injury attorneys are waiting by the phone, ready to help.  To schedule your first appointment or to hear more about our services, call us at (646) 396-0236. 

Proving Negligence in a Personal Injury Lawsuit in Westchester, NY

You may be able to file a personal injury lawsuit against whoever caused your accident.  Personal injury suits typically rely on the plaintiff’s ability to prove that the defendant was negligent.  Negligence requires four key elements: duty of care, breach of duty, causation, and injury. 

Duty of Care

In a negligence case, the defendant must have owed the plaintiff a duty of care, or a responsibility to take reasonable steps to ensure their safety.  Duties exist based on circumstances and the relationship between the plaintiff and the defendant.  Examples of relationships where a duty exists include those between doctor and patient, property owner and guest, and manufacturer and customer. 

Breach of Duty

The second step in a negligence case is proving that the defendant failed to meet their duty of care.  To do this, you must establish what specific duties the defendant owed you, as well as how they fell short of them through their actions (or failure to act). 


Once you have established the first two elements, you have proven that the defendant was negligent.  But you still must show that the negligence was the cause of the accident that injured you.  Proving causation can be complicated because external factors can come into play, including a defensive argument that you were contributorily negligent.  Your Westchester personal injury attorney can answer any questions you may have about proving causation for your potential case. 


The last step of the traditional negligence argument is proving that you sustained compensable injuries as a result of the accident.  You should always seek medical attention immediately after you are injured to get necessary treatment and to document your injuries. 

Damages in a Personal Injury Lawsuit in Westchester

Proving injury is also critical for establishing what your compensation should be in your personal injury lawsuit.  This compensation is also referred to as “damages.”  Damages are meant to provide recourse for personal injury victims in line with the consequences of the defendant’s negligence. 

You can recover damages for specific expenses you incur as a result of your injuries.  The majority of these expenses will be medical bills.  You can be compensated for the money that you are forced to spend on emergency procedures, hospital stays, surgery, rehabilitative therapy, and specialist appointments, to name a few. 

You may also seek damages in line with your loss of wages from missing time at work while rehabbing from your injuries.  If your injuries lead to long-term setbacks in your ability to perform the functions of your job, your damages could include money to represent your decreased earning potential or missed opportunities for advancement in your field. 

The consequences of your injuries are not limited to the bills that you have to pay or the paychecks that you lose.  Personal injury victims suffer chronic pain, loss of enjoyment of life, or psychological conditions such as anxiety or depression brought on by the victim’s condition. 

It is too difficult to estimate the value of any given personal injury case without sufficient information about the victim, the circumstances of the accident, and the injuries sustained.  If you are curious about what you stand to gain from a lawsuit against the party responsible for your accident, our Westchester personal injury lawyers can listen to your story and present you with the options that are best for you. 

Statute of Limitations in a Personal Injury Lawsuit in Westchester, New York

The “statute of limitations” (or time limit for filing a lawsuit) in the State of New York runs for three years from the date of the injury.  This means that you must file your suit with the appropriate court less than three years after the accident, or else you will be barred from recovery for your injuries. 

It can take more time than you might expect to prepare and file a lawsuit, as you will have to identify all possible defendants, gather information, and come up with damage estimates.  Further, the sooner you file your lawsuit, the sooner you will likely see the compensation you will require to recover comfortably from your injuries.  Therefore, we strongly recommend that you speak to one of our Westchester personal injury lawyers as soon as possible after your injuries are evaluated and treated so that you can get started on your recovery. 

The Martello Law Firm Can Help You Recover for Your Personal Injury

No matter how severe your injuries are, you deserve the competent, resourceful counsel of the experienced Westchester personal injury attorneys at The Martello Law Firm.  To hear from us on your potential case and recovery, call us today at (646) 396-0236. 

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