Personal Injury Law in Yonkers, NY
Were you hurt due to another’s negligence in Yonkers? If so, it may have far-reaching consequences such as a loss of wages or extensive medical treatment. Personal injury law allows an injured person to get damages if the responsible person acted recklessly. A personal injury attorney in Yonkers, NY can help navigate the lawsuit to make sure you receive all of the compensation you deserve.
What Is Personal Injury Law?
Personal injury law in Yonkers relates to the legal process of getting compensation for an injury caused by someone else’s negligent behavior. These cases involve one party, the plaintiff, trying to seek financial compensation for expenses incurred and money lost as a result of the defendant’s reckless behavior. These cases involve both parties’ insurance companies and may even settle before proceeding to litigation.
Examples of Personal Injury Claims in Yonkers, NY
Some personal injury claims are more common than others. However, almost any incident that ends with a physical or mental injury could qualify, depending on the circumstances.
A few of the most common personal injury claims are:
- Car Accidents
- Slip and Fall
- Dog Bites
- Medical Malpractice
- Workplace Accidents
- Burn Injuries
Most Common Injuries in Yonkers
The New York State Department of Health reported that, on average, New Yorkers make nearly 1.5 million visits to the ER each year. The average ER visit cost in New York is about $1,873. Hospitalizations from injuries with an average stay of 6 days amounted to $44,253. Specifically in Westchester County, the leading cause of both ER visits and hospitalizations is falls. Which is in line with the state trends.
Steps in a Personal Injury Lawsuit in Yonkers, NY
Once you determine that you wish to proceed forward with a personal injury action in New York
A lawsuit begins when a complaint is filed with the court and served on the defendant. The complaint alleges your assertion as the plaintiff that the defendant’s negligent behavior resulted in damage to your body or mental state. As the process proceeds forward, you may have to go through depositions, independent medical evaluations, and document production. This discovery process is lengthy and ends in either a settlement or a court appearance. In Yonkers, you begin by consulting with your personal injury attorney, and filing a complaint, typically with the Westchester County Supreme Court. Depending on the amount of damages you are claiming, the case might be filed with the Westchester County Court. After an answer is made by the defendant, you will issue them your bill of particulars, which is a list of the damages they owe you. If mediation attempts after the discovery period fail to produce a satisfactory settlement, you can then proceed to trial. With most personal injury cases, insurance companies and injured parties prefer settlement negotiations rather than going to court for a trial. You may wonder how much you should seek in your settlement and the factors that impact the final amount. It is difficult to find a predictable personal injury settlement amount in Yonkers because there are so many variables like medical bills, injury severity, and pain and suffering that can influence a total settlement amount. Most cases settle outside of court between $3,000 – $75,000, on average. As well, a Yonkers personal injury suit is typically filed with the Westchester County Supreme Court, which hears cases for damage claims above $25,000. If the other party has insurance, the insurance company likely wants to settle out of court to avoid leaving the final settlement decision to a jury. Settlements benefit injured parties as much as they do insurance companies. This is because accepting a settlement means you receive compensation sooner rather than later. Also, by going to court in NY, that means you risk not receiving any compensation at all. If your New York personal injury lawsuit goes before a judge or jury, your legal team will be ready with a request for damages. In personal injury cases, there are three types of damage awards a court may order the defendant to pay to compensate you for the damage he or she inflicted. Special compensatory damages reimburse you for things such as lost income, medical bills, and insurance deductibles. You submit receipts proving these losses. General compensatory damages are subjective. If you receive special compensatory damages, you may also collect general damages. If your injury was particularly painful, you might request that the judge order the defendant to compensate you for the pain and anguish. Punitive damages are the most rarely awarded and are up to the court. The judge or jury may determine that the defendant’s negligence was particularly heinous and the resulting injury to you was equally horrific. According to the Center for Justice & Democracy, there are no caps or limits on the damages that you can seek in a personal injury case in New York State. In personal injury cases, the injured party typically has a limited time to file a lawsuit, governed by the statute of limitations. This period usually begins when the injury occurs or when the injury is discovered. However, proving when the injury was first realized can be more complicated, as it requires clear evidence of when the harm was identified. In New York State, the statute of limitations for personal injury cases is 3 years. For residents of Yonkers, this means you must file your claim within 3 years of the date of your accident to preserve your right to pursue compensation. We recommend you speak with a personal injury lawyer for this matter. Don’t wait too long and miss out on receiving the compensation you deserve for your injury. Pursue a personal injury claim in Yonkers against the responsible person if you are dealing with an injury caused by someone else. One of our experienced lawyers can help you navigate your personal injury claim. We can even help you connect with an attorney across New York state lines. Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States. With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations. Do you need help with another area of Yonkers, NY law?New York Personal Injury Settlement
Damage Awards in New York
Statute of Limitations in Yonkers, NY Personal Injury Law?
Work With an Experienced Yonkers, NY Lawyer
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