Personal Injury Lawyers in Yonkers, NY
You shouldn’t have to face the aftermath of an injury caused by another’s negligence alone. The Yonkers personal injury lawyers at Greenspan & Greenspan are here to help fight for your rights and the compensation you deserve.
Personal injury cases are unfortunately common in Yonkers, affecting countless residents each year. These cases arise from various incidents, including motor vehicle accidents, slip and fall incidents, and dog bites, which often result in severe physical, emotional, and financial hardships for the victims.
The impact of these injuries can be life-altering, with long-term consequences that may require extensive medical treatment and rehabilitation.
Navigating the complexities of a personal injury case can be overwhelming, especially when dealing with insurance companies and legal procedures. This is where the expertise of a dedicated Yonkers personal injury lawyer becomes crucial.
Having an experienced attorney, like a member of the team at Greenspan & Greenspan Injury Lawyers, on your side ensures that your rights are protected and that you have the best chance of securing the compensation you deserve.
Key Takeaways
- Statute of Limitations: In New York, personal injury claims must be filed within three years of the accident, with shorter deadlines for cases involving government entities. Failing to file within this timeframe can result in losing the right to seek compensation.
- Negligence and Compensation: To recover damages, victims must prove the defendant owed a duty of care, breached that duty, and directly caused injuries resulting in measurable losses such as medical costs and lost wages.
- Comparative Negligence Rule: New York follows a pure comparative negligence rule, allowing victims to recover compensation even if they are up to 99% responsible for the incident, with the award reduced proportionally to their level of fault.
- Common Personal Injury Cases: Yonkers residents frequently encounter personal injury claims from motor vehicle accidents, slip and fall incidents, workplace injuries, and product liability cases, each requiring specialized legal expertise.
- Immediate Steps After an Injury: Victims should seek medical attention, document the incident, report to appropriate authorities, and consult a personal injury lawyer as soon as possible to protect their legal rights and maximize potential compensation.
Common Types of Personal Injury Cases
Personal injury cases in Yonkers can arise from a variety of incidents, each with its own unique challenges. Let’s look at some of the most common types.
Motor Vehicle Accidents
Car, truck, and motorcycle accidents are some of the leading causes of personal injuries. These accidents often result in serious injuries due to the high speeds and the potential for collisions with larger vehicles.
Slip and Fall Accidents
Slip and fall accidents frequently occur due to unsafe conditions on someone else’s property, such as wet floors, uneven surfaces, or poorly lit areas. Typical hazards include:
- Slippery surfaces,
- Uneven flooring, and
- Inadequate lighting.
These incidents fall under premises liability laws that hold property owners responsible for maintaining safe conditions for guests. If you have any questions about a possible claim or need assistance, call a knowledgeable injury attorney to help you navigate the process.
Workplace Injuries
Workplace injuries are common, ranging from slips and falls to more serious accidents involving heavy machinery. When workers’ compensation is disputed or insufficient, legal assistance is essential to ensure that victims receive the benefits they are entitled to.
Product Liability
Injuries caused by defective or dangerous products are another significant area of personal injury law. Holding manufacturers accountable through product liability claims can help victims recover damages and prevent further harm to others.
These diverse cases highlight the importance of seeking legal assistance from a knowledgeable Yonkers personal injury attorney to navigate the complexities and secure fair compensation.
Understanding New York Personal Injury Laws
Navigating personal injury laws in New York requires an understanding of several key legal principles, each of which plays a crucial role in determining the outcome of a claim.
Statute of Limitations
In New York, the statute of limitations for filing a personal injury claim is generally three years from the date of the accident. This means that if you’ve been injured, you must file your lawsuit within this time frame, or you risk losing your right to pursue compensation.
Certain exceptions may apply, such as in cases involving government entities like a city, county or school district which have much shorter deadlines.
Negligence and Liability
To recover compensation in a personal injury case, you must prove that the other party was negligent or liable for your injuries. This involves demonstrating that the elements of negligence are present in the case.
Let’s look at the elements you must prove to show negligence:
- The defendant owed you a duty of care,
- The defendant breached that duty,
- The breach directly caused your injury or harm,
- The harm resulted in losses or damages, such as medical costs and lost wages.
You must show these elements are present to successfully establish a claim for compensation based upon negligence.
Comparative Negligence
New York follows the comparative negligence rule, which can affect the amount of compensation you receive. Under this rule, if you are found partially at fault for your injury, your compensation is reduced by your percentage of fault. For example, if you are 20% responsible for the accident, your compensation will be reduced by 20%.
Some state laws only allow a victim to recover compensation under comparative negligence if they are less than 51% responsible for the incident that caused harm. Therefore, in such states, if a court found that you were 52% or more responsible for the incident, you could not seek compensation from the other party.
Interestingly, that is not the case in New York, which follows the pure comparative negligence rule. Under this rule, even if you are 99% responsible for the accident that caused you harm, you can still receive compensation for the remaining 1% of your losses.
Steps to Take After an Injury
Taking the right steps immediately after an injury is crucial to protecting your health and your legal right to seek compensation.
Seek Medical Attention
Always seek medical care right away, even if your injuries seem minor. Some injuries may not be immediately apparent, and prompt treatment can prevent complications. Prompt medical evaluations can also tie your injuries to the incident.
Therefore, if the liable party tries to claim that your injuries came from some other unrelated event, your medical records in the immediate aftermath of the incident will help establish exactly when you were hurt.
Document the Incident
Gather evidence at the scene if possible. Take photos, Use the video function on your cell phone to document the scene and people involved, collect witness statements, and keep any official reports. This documentation will be invaluable when building your case.
Report the Incident
Report the incident to the appropriate authorities, such as the police or your employer. A formal report creates an official record of the events, which can be critical in a personal injury claim.
Consult a Yonkers Personal Injury Lawyer
Contact a personal injury lawyer as soon as possible. Early consultation helps protect your legal rights and allows your attorney to begin the claims process quickly, ensuring you have the best chance of receiving the compensation you deserve.
Trust Greenspan & Greenspan Injury Lawyers
At Greenspan & Greenspan Injury Lawyers, we are a personal injury law firm with decades of experience serving New York residents. We take pride in helping our clients recover after a traumatic experience and will fight to ensure you get the compensation you deserve. Call us today to schedule a consultation, or fill out our contact form to get started.