Yonkers residents can seek justice and compensation through personal injury law after accidents cause harm. Accidents can happen anywhere and can take many forms.
Personal injury law covers cases where people are harmed physically, emotionally, or financially because of someone else's negligence or wrongful actions.
From sustaining injuries on hazardous premises to being involved in motor vehicle accidents caused by reckless driving, the consequences of personal injuries can be life-altering. These incidents often lead to medical expenses, lost wages, pain and suffering, and emotional distress.
A Yonkers personal injury attorney serves as a pillar of support, guiding clients through the intricate legal process and advocating for their rights to obtain fair compensation.
The Ward Law Group is a law firm with the finest Yonkers accident attorneys available to assist you whenever you find yourself involved in an accident where the negligent actions of others caused you serious injuries.
Types of Personal Injury Cases Handled
At The Ward Law Group, we are dedicated to providing comprehensive legal representation to individuals in Yonkers who various personal injury incidents have impacted.
Our experienced team of accident lawyers is well-versed in navigating the intricacies of New York law, and we are here to help you seek justice and rightful compensation in various personal injury cases.
Auto Accidents
In the first quarter of 2023, an estimated 286 million vehicles were in the United States. Many people moving can cause accidents despite traffic laws and vigilant police looking for wrongdoers. These include:
- Car Accidents
- Truck Accidents
- Bus Accidents
- Public Transport Accidents
- Motorcycle Accidents
- Pedestrian Accidents
- Bicycle Accidents
- Train Accidents
- MTA Accidents
- Electric Scooter Accidents
New York is known to be a No-Fault state, which means that every driver must have car insurance, and when there is an accident, people may need to file a claim with their insurance companies looking for compensation.
This was a measure to avoid having many lawsuits for minor collisions, and it worked well. However, when the accident is catastrophic, passengers get serious injuries such as brain injuries, spinal cord injuries, concussions, whiplash, PTSD, and burn injuries. The insurance coverage may not be enough because the basic coverage is up to $10,000, and to have a bigger coverage, the premiums tend to be much higher.
Many people can't afford those high prices, so their basic Personal Injury Protection (PIP) is limited.
With the help of a personal injury lawyer in Yonkers, you can get high-level representation to fight for your rights. When these incidents happen, you can seek extra compensation for your injuries.
Slip & Fall Accidents
People visit many places day to day. Property owners have a duty of care with visitors, even a higher duty when they are a commercial establishment.
They must ensure that their place is safe for people coming over. If they fail to do it and somebody gets injured in their facilities, they must be subject to a personal injury lawsuit.
It will depend on the circumstances of the accident and other factors. Talking to a slip-and-fall injury attorney in Yonkers is crucial to understanding how to deal with the problem.
Wrongful Death
Wrongful death refers to a legal claim that arises when another party's negligence, recklessness, or intentional misconduct causes an individual's death. Essentially, it is a civil action brought by the surviving family members or beneficiaries of the deceased person against the party responsible for the death. Wrongful death lawsuits aim to seek compensation for the losses suffered as a result of the death.
Wrongful death claims are based on the premise that the deceased person would not have died if not for the actions or negligence of another party. This can include many situations, such as car accidents, medical malpractice, workplace accidents, or criminal activities.
The individuals eligible to bring a wrongful death claim are typically close family members of the deceased, such as spouses, children, parents, or other dependents. The specific rules regarding who can file a claim vary by jurisdiction.
The compensation sought in a wrongful death lawsuit is intended to cover both economic and non-economic losses. This can cover funeral costs, medical bills, lost financial help, and non-economic harm like pain or loss of companionship.
To succeed in a wrongful death claim, the plaintiffs generally need to prove that the defendant's actions were negligent, reckless, or intentionally harmful and that these actions directly led to the death.
Wrongful death claims are subject to specific time limits, known as statutes of limitations, which vary by jurisdiction. The eligible parties must file the lawsuit within the prescribed time frame.
Some personal injury law firms, like The Ward Law Group, specialize in such cases.
Construction Accidents
The construction industry has a lot of hazards, and accidents can result in serious injuries. Our team deeply understands the laws and regulations governing construction sites. If you've been injured in a construction accident, we are here to guide you through the complexities of seeking compensation from responsible parties.
Our commitment to our client's well-being regarding personal injury cases is unwavering. We provide personalized attention, in-depth legal expertise, and a relentless pursuit of justice.
We at The Ward Law Group are here to support you in any personal injury case. We will fight for your rights and work hard to get you the money you need, including covering medical bills, lost income, and emotional pain. Your well-being is our top priority, and we are here to support you every step of the way.
Establishing Liability and Proving Negligence
In Yonkers, proving negligence and liability is crucial for seeking compensation in personal injury cases.
As Yonkers personal injury lawyers, we will assist you in comprehending crucial legal concepts in these cases. These concepts include duty, breach of duty, causation, and damages.
Duty
The foundation of a personal injury claim is establishing that the responsible party owed a duty of care to the injured individual. This duty signifies a legal obligation to act in a manner that prevents harm. For instance, drivers must operate their vehicles responsibly, and property owners must maintain safe premises.
Breach of Duty
To prove negligence, it must be demonstrated that the responsible party breached their duty of care. This means they failed to uphold the standard of care expected in the given situation. Responsibility can be broken if a driver goes too fast through a red light or a property owner fails to fix a dangerous problem.
Causation
Establishing a causal link between the breach of duty and the resulting injuries is crucial. This requires demonstrating that the negligent action directly harmed the plaintiff. Medical records, expert testimony, and other evidence often play a pivotal role in proving causation.
Damages
In a personal injury case, damages refer to the injuries, losses, and suffering experienced by the victim. These can include medical expenses, lost wages, pain, emotional distress, and diminished quality of life. To pursue compensation, it's essential to quantify and document these damages.
Proving negligence and establishing liability involves meticulous investigation, gathering evidence, and applying legal expertise. In New York, if the plaintiff is partly to blame, they can still get compensation because of the comparative negligence system.
Seek help from a skilled Yonkers personal injury attorney to understand duty, breach, causation, and damages.
At each step of the legal process, a Yonkers attorney from The Ward Law Group is committed to thoroughly examining the details of your case, collecting pertinent evidence, and advocating on your behalf.
We know New York law well and are committed to protecting your rights. We work hard to make sure you get the compensation you deserve.
Recovering Damages For Your Yonkers's Accident
You can file a lawsuit in Yonkers, NY, when you sustain injuries from any accident caused by a negligent party. The lawsuit can be against persons or entities who have exhibited negligent actions. The compensation awarded for such accidents often includes medical bills, missed time from work, and physical rehabilitation.
Victims can get compensation in various ways and may also receive additional compensation that punishes the person who did wrong. These compensations are compensatory damages and punitive damages.
Compensatory damages include economic and non-economic. Economic damages are tangible losses that can be easily quantified, such as medical expenses, lost wages, property damage, and other financial losses.
Between economic damages, we find:
- Medical expenses
- Lost wages
- Property damage
- Funeral expenses
On the other hand, non-economic damages are more subjective and may include things like pain and suffering, emotional distress, and loss of enjoyment of life.
Among non-economic damages, we find:
- Pain and suffering
- Emotional distress
- Loss of consortium
- Loss of enjoyment of life
- Loss of companionship
Punitive damages, also known as exemplary damages, are monetary compensation awarded in a legal case to primarily punish the defendant for their wrongful conduct and deter similar behavior in the future. Unlike compensatory damages, which aim to compensate the plaintiff for their losses, punitive damages are intended to punish the defendant and serve as a deterrent.
Key points about punitive damages include:
- Wrongful conduct
Punitive damages are typically awarded in cases where the defendant's actions are considered particularly egregious, reckless, or intentionally harmful.
- Deterrence
One of the main purposes of punitive damages is to deter the defendant and others from engaging in similar wrongful conduct. The legal system aims to discourage behavior beyond ordinary negligence by imposing a financial penalty.
- Subject to legal standards
Not all cases qualify for punitive damages, and their availability may be subject to specific legal standards. The plaintiff must often demonstrate the defendant's actions were willful, malicious, or grossly negligent.
- Amount determination
The amount of punitive damages is typically left to the discretion of the court or jury. The outcome does not rely on the specific losses of the person filing the lawsuit. Instead, it is determined by factors such as the severity of the defendant's actions and the need to discourage similar behavior.
- Controversy and limitation
Punitive damages have been debated, with concerns about excessive awards and potential abuse. Some jurisdictions have imposed limits on punitive and compensatory damages to address these concerns.
Statute of Limitations in Yonkers Personal Injury Cases
In New York, personal injury cases must be filed within a specific period called the statute of limitations. This law sets a time limit for injured people to sue and get money for their injuries and losses.
In Yonkers, the time limit to file a personal injury case is three years from the incident date, the same as in the rest of New York. If you've suffered harm due to negligence or wrongful actions, you have three years from the accident date to initiate legal proceedings.
This timeframe applies to a variety of personal injury cases. However, some changes apply to specific types of cases.
For instance, when the case is for intentional emotional distress, victims have up to 1 year to file a claim. When it is a medical malpractice claim, victims have up to 2 and a half years to file a claim.
There are also some other previous steps depending on who is the defendant. Suppose the at-fault party is a government entity. In that case, whether it's a city, county, state agency, or any other government body, there is a legal requirement to provide a notice of claim to that entity before filing a lawsuit.
This notice tells the government you plan to sue them for your injury.
In New York, for most personal injury cases against a government entity, the notice of claim must be filed within 90 days from the incident that led to your injuries. This means you have a relatively limited window to submit this notice.
Contact Your Yonkers Personal Injury Lawyer
If someone else's carelessness causes problems for you, you shouldn't have to deal with all the damage on your own. You need a strong support system, a lifeline to justice.
At The Ward Law Group, we've steadfastly provided this much-needed support for over a decade. With a team of seasoned personal injury lawyers, we understand the intricacies of New York law and are here to fight for your rights.
We have secured fair compensation for damages suffered, helping individuals regain their footing and rebuild their lives. You can have a free review of your case anytime. Call 855-DOLOR-55, and one of our lawyers will answer any questions.