What Our Clients Are Saying*
Unfortunately, personal injuries never happen when it is convenient. Dealing with your recovery may cause severe financial and personal hardship which can be even more difficult to handle when you are also trying to rehabilitate. Fortunately, there may be a path for you to obtain compensation that can make your life a little easier.
Personal injury victims have the right to file a civil lawsuit against the party that injured them in a New York court. To determine whether you have this opportunity, you will have to evaluate your case based on the four elements of negligence: duty of care, breach of duty, causation, and damages. We recommend that you do this soon, as you only have a limited amount of time within which to file your claim in court.
If you have been the victim of a personal injury, the White Plains personal injury attorneys at The Martello Law Firm, PLLC are here for you. We can help you assess whether you have a case, who you should name in your suit, and how much you stand to gain from your efforts. To hear more for free, call us today at (914) 685-6950.
How to Know if You Have a Personal Injury Lawsuit in White Plains, NY
You can pursue damages in a New York State court for a personal injury if the person, business, or other entity that you name in the lawsuit (the “defendant”) was responsible for negligently, recklessly, or intentionally causing the accident that led to your injuries. The easiest and most common form of personal injury lawsuit alleges negligence, which requires a four-prong test. The four elements of the test are duty of care, breach of duty, causation, and damages.
Duty of Care
To prove that the defendant was negligent, you will first have to establish how they should have behaved under the circumstances. This is what is known as a duty of care. There are a number of different types of legal duty of care. These are defined by the relationship between the victim and the defendant as well as the experience, education level, and other background information of the defendant. For instance, a doctor’s duties to their patient, such as the duty to obtain informed consent, are different than a driver’s duties to others on the road, such as the duty to abide by traffic regulations.
Breach of Duty
Once you have established what duties the defendant owed you, you can then show that they violated these duties. To use the above examples, a doctor who does not explain the side effects or risks of a course of treatment when advising a patient has not obtained informed consent. A driver who speeds through a stop sign at an intersection has breached their duties to drive according to regulations.
Just because you can prove that the defendant breached a duty that they owed does not mean that you have proved your case. You also must show that the breach in question actually caused the accident that injured you. This is by far the most complicated area of New York personal injury law, as courts have utilized several different tests in recent years. If you are concerned about who actually caused your injuries, speak to your White Plains personal injury attorney to sort through the confusion.
The point of a personal injury lawsuit is to obtain compensation for the consequences of your injuries. Therefore, it makes sense that plaintiffs must explain these consequences to the court in order to win their case. Proving damages is important not only for winning your case but also for establishing how much you rightfully deserve after your ordeal.
Damages are calculated based on both economic factors, such as medical bills, and non-economic factors, such as pain and suffering. For a more thorough accounting of the damages available in your specific case, we recommend speaking to one of our excellent White Plains personal injury attorneys.
Comparative Negligence in White Plains, NY
If you are concerned that your own actions may have played a part in causing the accident that injured you, you should know that you may still be able to recover compensation anyway. The State of New York operated under a pure comparative fault law for personal injury negligence cases. The law states that injury victims who contributed to causing either the accident or their own injuries may recover compensation that matches the level of fault that the defendant shared.
For instance, let’s say that you were involved in a car accident where the other driver was driving negligently but you were not wearing a seatbelt. The court will determine how big of a factor your failure to wear a seatbelt was in the causing of your injuries. If you claim $20,000 in damages and the court finds that your own negligence was 25% at fault for causing your own injuries, you can still recover 75% of the damages (or $15,000) from the at-fault defendant. We urge you to speak to one of our diligent White Plains personal injury lawyers to find out how much you stand to gain in light of your own part in the accident that injured you
Statute of Limitations in White Plains, NY
It is in your best interest to act quickly to secure your compensation after an accident. This is because the statute of limitations, or law that governs the length of time that a case can be filed, runs for three years for New York personal injury claims. In other words, if you don’t file your lawsuit within three years of the date of your accident, you will not be able to recover in a New York court. Get in touch with the White Plains personal injury lawyers at The Martello Law Firm, PLLC before it’s too late.
The Martello Law Firm, PLLC is on Your Side
To obtain a free initial case evaluation from one of our dedicated White Plains personal injury lawyers, call The Martello Law Firm, PLLC at (914) 685-6950.