New Rochelle Personal Injury Lawyer
Fiedler Deutsch, LLP’s partners have more than 50 years of combined legal experience. Our firm has been recognized by local, state, and national awards, a testament to our commitment to zealous client advocacy and results. If you were seriously injured in an accident caused by another person’s negligence, contact us today for a free consultation.
How a New Rochelle Personal Injury Lawyer Can Help
New York law provides the right for injury victims to pursue fair compensation if another’s negligence caused their injuries. A New Rochelle personal injury lawyers can help with this process by:
- Investigating the accident and all potentially liable parties
- Professionally assessing your claim
- Obtaining evidence to prove liability in your claim and prove your damages
- Calculating the fair value of your claim
- Answering any questions you have and advising you of your legal options
- Gathering photos or videos taken of the accident scene, witness statements, accident reports, and other relevant evidence
- Ensuring you receive the medical treatment you need
- Handling communication with other parties or insurance companies
- Negotiating a fair settlement for your claim
If you were injured in an accident and would like to know if you have a viable personal injury claim, call us at (914) 993-0393 or contact us online.
Types of Personal Injury Claims We Handle in New Rochelle, New York
Our New Rochelle car accident lawyers have over five decades of combined legal experience representing clients in all types of cases, including:
- Slips and falls
- Premises liability
- Construction accidents
- Medical malpractice
- Car accidents
- Bus accidents
- Truck accidents
- Motorcycle accidents
- Wrongful death
Our firm is dedicated to helping you during this difficult time. Contact us today for a free case review.
Common Injuries in New Rochelle Personal Injury Accident
At Fiedler Deutsch, LLP, we work with clients who have sustained a wide variety of injuries, including:
- Traumatic head and brain injuries
- Spinal cord injuries
- Broken bones and complex factors
- Internal organ damage or internal bleeding
- Severe burn injuries
- Scarring and disfigurement
After an accident, you need to concentrate on your health and recovery. Our lawyers are prepared to handle all aspects of your claim. Get in touch today to learn more about how we can help and the compensation to which you might be entitled.
Compensation You May Be Entitled to Recover in a New Rochelle Personal Injury Accident
If you were injured in a personal injury incident, you may be entitled to compensation for the economic losses and non-economic losses you suffered. Depending on the circumstances of your case, you may be able to recover compensation for:
- Medical bills – High medical bills often follow a personal injury. However, you may be able to recover compensation to pay for hospital and doctor visits, diagnostic tests, occupational and physical therapy, rehabilitation, medication, medical devices, and future medical treatment.
- Lost income – If an injury causes you to miss work, you can pursue compensation for the lost wages you suffered while you were unable to work. Additionally, if the injury caused you to switch jobs or become disabled, you can seek compensation for your lost or reduced earning capacity.
- Property damage – You can pursue compensation for any property damage you suffered, such as damage to your vehicle.
- Pain and suffering – The law recognizes that not all types of damages are easy to quantify but that accident victims still have a right to recover them. For example, you may have suffered pain that interferes with your enjoyment of life.
- Emotional distress – Some accidents cause considerable psychological trauma, including shock, anxiety, post traumatic stress disorder, or depression. You can pursue compensation for these negative consequences.
- Funeral and burial expenses – In wrongful death cases, you may be able to recover compensation to pay for your loved one’s burial and funeral expenses.
You can find out about the potential value of your claim by contacting our personal injury lawyers in New Rochelle today.
How Is Fault Proven in a Personal Injury Case?
To prove another party is at fault for your injury will require demonstrating the following four elements of negligence:
- Duty of Care: The defendant (at-fault party) owed you a duty of care to act reasonably to prevent harm. For example, in a car accident case, New Rochelle drivers are required to obey traffic laws, such as following the speed limit, to ensure the safety of themselves and others on the road.
- Breach of Duty: The defendant breached their duty of care. Returning to the car accident example, if a motorist is texting while driving, they have breached their duty of care since that is an illegal activity in New York.
- Causation: Next, the plaintiff (victim) must prove that the defendant’s breach of duty directly caused them injury. That means there must be a link between the defendant’s negligence and your resulting injury. In other words, you would not have been injured if not for the defendant’s actions.
- Damages: Lastly, the defendant’s negligence must have caused damages. The plaintiff must prove they suffered economic damages, such as medical bills and lost wages, and/or non-economic damages, such as emotional distress or pain and suffering.
It is not uncommon for both or several parties to share liability for a personal injury accident. As a result, New Rochelle courts will apply the state’s law of “pure comparative negligence.” Under this rule, each party is assigned a percentage of fault which reduces the amount of compensation they recover. For example, if you are awarded $100,000 and found 60 percent at fault for your accident, you will only receive 40 percent of the award, or $40,000. If you are found 10% responsible, you will receive 90% of your award, or $90,000, etc. As long as you are not 100 percent to blame, you can recover some compensation.
What Should I Do After a New Rochelle Personal Injury Accident?
After a personal injury accident, you may feel overwhelmed, and the scene can be chaotic. However, it is important to try and remain calm and keep the following essential steps in mind:
If you or anyone else requires immediate medical attention, call 911. If emergency medical attention does not seem necessary, still notify the police. They will send an officer to the scene to create an accident report, plus some severe injuries have delayed symptoms, so you may not realize the extent of your harm. The police officer will include critical details in their report, such as how they believe it occurred, who was at fault, and statements from the parties involved and any witnesses. This report often carries substantial weight in an insurance company’s decision on fault.
Document the Scene
If you are not taken to the hospital, stay at the scene to take photos or videos of the area, any property damage, and your injuries. Also, if anyone witnessed the accident, ask for their name and contact information.
Seek Medical Treatment
See a doctor as soon as possible. Medical documentation must link all injuries and any potential harm to the accident. If you wait too long to seek medical help, the insurance company can argue that your injuries were not caused by the accident with their policyholder or are not as severe as you claim.
Speak To a New Rochelle Personal Injury Lawyer
It can be challenging to obtain full compensation on your own. An experienced New Rochelle Personal Injury Lawyer can help you with every aspect of your case, including dealing and negotiating with the insurance company for a fair settlement.
Should I Settle My Claim or File a Lawsuit?
If you were injured in an accident, you may be anxious to recover compensation to help cover medical bills and lost wages. However, you do not want to settle your claim too quickly because once you settle, you cannot pursue any further compensation even if you discover you were injured more than you thought or have unexpected expenses related to the accident.
A New Rochelle personal injury lawyer can help you prepare your claim and negotiate for maximum compensation. Your lawyer can advise whether you should accept an offer or pursue compensation by filing a lawsuit. Most personal injury claims do resolve themselves through settlement. However, insurance companies might not take the matter seriously until a lawsuit is filed. Nonetheless, this does not prevent you from settling your claim some time after you file a lawsuit.
An experienced New Rochelle personal injury lawyer can advise you about the best way to resolve your claim that is tailored to your particular situation.
Time Limit for Filing Your New Rochelle Personal Injury Case
New York has statutes of limitations that limit the amount of time you can file certain types of lawsuits. The deadline depends on the type of claim you have. For example, the filing deadline for the following claims is:
- Bodily injury claim – three years
- Intentional infliction of emotional distress – one year
- Unintentional infliction of emotional distress – three years
- Product liability – three years
- Medical malpractice in New Rochelle – two and a half years
If you fail to file your personal injury case before this timeline expires, the court can dismiss your claim. Because your time is limited, it is important you reach out to a personal injury lawyer as soon as possible.
Contact a New Rochelle Personal Injury Lawyer Today
If you need a personal injury lawyer following a slip and fall, motor vehicle accident, or other personal injury incident, connect with Fiedler Deutsch, LLP today. We offer a free case review to explain your legal rights and options. Contact us today to get started.