Personal Injury Lawyer White Plains, NY
Contacting a personal injury lawyer White Plains, NY victims recommend will be in your best interest in the wake of an accident involving negligence. There are a plethora of accidents that may warrant taking legal action for damages that you have incurred. At Greenspan & Greenspan P.C., our team of experienced professionals can lead New York victims through the process of receiving the compensation they are entitled to. We can guide you through the process by gathering critical pieces of evidence and moving forward with your case before the statute of limitations expires.
Common Personal Injury Legal Cases
In most cases, injured accident victims were not planning on sustaining injuries. Personal injury accidents are not typically something people plan for. As a result, the losses from an accident can be substantial. While recovering, expenses could financially impact you and your family in a significant way. If you are a loved one who has suffered an injury due to another’s negligence, it’s critical to contact our office. We have represented a wide range of personal injury cases:
- Motorcycle Accidents
- Premises Liability
- Car Accidents
- Product Liability Cases
It can be challenging to know whether it’s in your best interest to speak with a lawyer. Sometimes, it may even be tempting to represent yourself. Depending upon the possible value of your case, this may not be recommended. By scheduling a consultation with our White Plains, New York personal injury lawyer, we can examine whether there was a breach in the duty of care and review the damages suffered to determine whether it’s in your best interest to take legal action.
Strong Evidence to Prove Your Case
To pursue legal cases for personal injury accidents, evidence outlining the details of what happened and the damages will be critical. As the plaintiff, it will be your responsibility to prove that the other party was negligent. This is where a lawyer can play a beneficial role as they will work with you to gather evidence supporting your claim. When you meet with us, we may ask for:
- Accident Reports
- Medical Records
- Police Reports
- Eyewitness Contact Information
- Proof of Lost Wages
- Medical Expenses
- Video Footage
If you can gather evidence from the very start, it can prevent the added challenge of tracking information down later on. Additionally, the sooner legal action is taken, the more straightforward your case may be as events and evidence may still be fresh.
Pain and Suffering Damages
Under New York law, a victim who has suffered an injury due to the actions or behavior of another party has the right to pursue damages against that party in a personal injury claim or lawsuit. A White Plains, NY personal injury lawyer can evaluate your case to determine what type of legal options you may have in your situation.
Damages in a lawsuit include two types – economic and non-economic. Economic damages are those that have an actual dollar value to them. Medical expenses for treatment of accident injuries is one example of economic damages. All of those expenses can be added up to come up with one total amount of all medical treatment costs and the victim can recover that total amount in their lawsuit. The same rule applies to lost income. If a victim is unable to work while they recover, the total amount of wages lost can be calculated and that amount is also recoverable.
Non-economic damages are also recoverable, but they do not have an actual dollar value to them and require a different type of calculation. One of the most common types of non-economic damages awarded is for pain and suffering. Pain and suffering damages apply to the negative impact that the injuries have caused for the victim and the effect on their overall quality of life. The following are some of the more common pain and suffering damages a White Plains, NY personal injury lawyer may include in your lawsuit:
- Physical pain: Many injuries cause pain for a victim. This pain can range from mild to severe, temporary to chronic, depending on the severity of the injury itself.
- Emotional anguish: Accidents can have a significant emotional impact on a victim. If they are suffering from chronic pain, this can cause depression and stress because of the limit this pain puts on the victim’s life. There may also be an emotional impact of the accident itself. Many accident victims suffer from anxiety, insomnia, PTSD, and other mental health issues after experiencing a serious accident.
- Loss of life enjoyment: Many victims’ injuries prevent them from engaging in activities they used to enjoy prior to the accident. This may be temporary or if they are left with permanent disabilities, it may be long-term.
- Loss of consortium: While the victim may have supportive family, the emotional and physical impact of their injuries can have a dire effect on their relationships with their loved ones.
There are several ways that damages for pain and suffering can be calculated to determine what financial value they should have in the victim’s lawsuit. Your White Plains, NY personal injury lawyer can calculate the amount you should be compensated for based on other factors in your situation.
Statute of Limitations – What You Should Know
When considering whether to pursue an accident case, know that you will have a limited amount of time to take action. The statute of limitations is the amount of time you have to pursue your case. Typically, the clock starts running at the time of the accident or when the injuries were discovered. In the state of New York, the statute of limitations is three years. Once the timeframe expires, you may no longer have the ability to pursue a lawsuit. There are a few exceptions to this rule, for example:
- The statute of limitations for minors does not start until they are 18. At this point, they have three years to take action.
- You were not aware of the injury for some time; one primary example where this may occur is for asbestos/mesothelioma exposures.
When you contact Greenspan & Greenspan P.C., you have the opportunity to work with legal professionals who can assist with organizing the case and strategizing the best approach based on the specifics of the case. Don’t hesitate to schedule an appointment with our White Plains, NY personal injury lawyer to initiate the process.
Tips for Personal Injury Claims
At Greenspan & Greenspan, PC, we want to help our clients get the compensation they deserve. There are several things you can do to get medical treatment in the meantime, take care of your expenses and build a strong case.
Explore All Available Avenues for Compensation
When it comes to dealing with courts and insurers, you may not receive compensation immediately. How can you cover your medical expenses in the meantime? Depending on the type of accident you have gone through, several options may be available.
For example, drivers may have personal injury protection (PIP) in their insurance coverage. If the accident happened at work, you may be able to apply for worker’s compensation benefits immediately. Your personal injury lawyer in White Plains, NY, can help you analyze the avenues available in your case.
Ask Your Personal Injury Lawyer What To Expect
Some people hesitate to ask questions when visiting a personal injury lawyer in White Plains, NY. They may think that their lawyer will feel insulted or irritated. That’s not the case at all.
At Greenspan & Greenspan, PC, we encourage you to ask questions because we want to help you get the settlement you want. What questions can you ask? Here are a few:
- How strong is my case?
- How long does it take to receive compensation in this type of case?
- What can I do to strengthen my case?
- How much is my case worth?
- What happens if I have other injuries later?
- What are the benefits of settling versus going to court?
There are no “wrong” questions. If there’s anything you don’t understand, including unfamiliar terms, don’t hesitate to ask for clarification. Knowing what to expect can help you build a stronger case.
Don’t Deal Directly With Your Insurance Company
In cases of personal injury related to vehicle accidents, for example, your insurer may contact you right away with an offer. This offer may not cover all of your needs, especially injuries that haven’t appeared yet. It’s wise to let your personal injury lawyer in White Plains, NY, handle the negotiations with insurances. This can often increase the amount of the settlement.
Don’t Accept the First Settlement Offer
It’s true that settling can help you avoid court costs, but it’s generally smart to avoid taking the very first offer your receive. Many insurance companies purposely start as low as possible. If the offer is just a little below what you expect, your personal injury lawyer in White Plains, NY, can make a counteroffer.
Do’s and Don’ts When Seeking a Personal Injury Lawyer
Your personal injury claim may be fairly straightforward, or it may be a complex case that takes a while to work out. Either way, you will want to follow some common-sense guidelines when choosing and using the services of a personal injury lawyer in White Plains, NY.
Don’t withhold any relevant information
Your attorney needs to know every detail that could affect the outcome of your case. Be sure to describe all the details of the event that caused your injury, precisely as they happened and in the order that they happened. Also note any people present, as they could be potential witnesses. Don’t forget to describe any statements made by those present, especially the responsible party.
Don’t hire the first attorney you see in the phone book
Remember that both your financial wellbeing and your legal rights are on the line. Choosing a personal injury lawyer in White Plains, NY without proper consideration could be one of the most costly mistakes you ever make.
Don’t wait too long to hire an attorney
The ideal time to reach out to a personal injury lawyer in White Plains, NY is as soon as possible after the injury happens. Delays in seeking legal advice could lead to lost opportunities to recover all that you are owed. Greenspan & Greenspan, P.C. can explain about the statute of limitations for personal injury lawsuits as well as any exceptions that may apply in your case.
Do share all communications you receive from the other party
Anything information provided to you by the party responsible for your injury could be relevant. Your attorney’s office should be notified of any call, email or letter you receive from anyone who is involved in the injury claim. If you are suing a business, any communications from either the business owner or an employee may be relevant. Letters from insurance companies representing the other party also should be shared with your legal representative.
Do respond to your attorney’s office in a timely manner
Greenspan & Greenspan, P.C. will always try to communicate with clients as expeditiously as possible. You should take your own case just as seriously and respond to messages and requests for information from your attorney in a timely manner.
Do respect both your instincts and your attorney’s expertise
When you choose a personal injury attorney in White Plains, NY, you naturally hope to get a “good feeling” from them that tells you this is someone you can trust with your case. Once you are working with the professionals, always seriously consider their advice. Remember that their expertise is why you chose them in the first place.
Important Issues to Remember When Filing a Personal Injury Lawsuit
When a person is injured in an accident caused by another party’s negligent, reckless, or illegal actions, New York law allows the victim to pursue a personal injury claim or lawsuit against the at-fault party in order to recover some of the damages they have suffered due to their injuries. That party may be another individual, a business, a property owner, or even a government entity. There may even be more than one liable party. A personal injury lawyer in White Plains, NY can help victims obtain the financial compensation they deserve.
If a victim is considering filing a claim against an at-fault party because they have suffered injuries and losses, it is important to remember that there is only a certain amount of time that victim has to file a lawsuit. This time is referred to as a statute of limitations. In New York, a victim only has three years from the date of injury to file their claim. Once that time has passed, the window has closed, although there are some exceptions, as mentioned above.
It is also critical for a victim to act quickly and contact a White Plains, NY personal injury lawyer right away. The success of any case depends on the evidence that is presented, but key evidence can be lost or even destroyed if too much time passes without the involvement of an attorney.
Many people think they don’t need an attorney because the at-fault party’s insurance company tells them they are willing to settle quickly. While the majority of cases do settle without ever going to trial, the insurance company is never looking out for the victim’s best interest and will try to settle for far below what the victim rightly deserves. An experienced personal injury attorney will have the negotiation skills that lets the insurance company know they must either negotiate a fair and just settlement offer for the victim or prepare to litigate the case in court.
Another concern many victims have is that they will not be able to afford an attorney for their case, but most personal injury attorneys work on a contingency fee basis. This means that the attorney will only get paid if they win the case. The legal fees are taken from any settlement or award the victim receives. The White Plains, NY personal injury lawyer you meet with for your free consultation at Greenspan & Greenspan P.C. can explain what percentage of the final amount you receive will cover all legal fees.