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White Plains Car Accident Lawyers

In White Plains, New York, crashes regularly occur due to careless and negligent drivers. Navigating New York’s filing laws after a crash can be difficult, but the car accident lawyers at Fiedler Deutsch, LLP are here to help you. They will protect your rights as an injured victim, deal with auto insurance companies and demand maximum compensation for your damages. Contact us online or by calling (914) 993-0393 to request a free consultation.

Why Hire Our White Plains Car Accident Lawyers?

White Plains Car Accident Resources & FAQs

How a White Plains Car Accident Lawyer Can Help You

Hiring a lawyer is not always necessary for a car accident claim in White Plains, but if you are seriously injured, not doing so can dramatically impact your case’s outcome. Extensive studies have shown that injury victims who hire a lawyer statistically have better odds of success and tend to receive higher settlements or awards even after legal fees than those who represent themselves. Although an attorney cannot guarantee a favorable outcome, the benefits of hiring one are indisputable. They will be able to offer you guidance throughout the claims process based on experience, they have a thorough understanding of state laws. They will know how to prove your injury is serious to step outside of the no-fault system, and the resources to gather critical evidence and hire experts if necessary. 

With a lawyer’s help, you can put together the strongest case possible to recover the maximum amount of compensation available under the law. In addition, they will provide protection against the at-fault party’s insurance company. Insurance companies are for-profit businesses that will likely try to avoid liability by placing blame for the accident onto you. If they are successful, your compensation can be reduced. Hiring an attorney will ensure the at-fault party is held accountable.

Common Causes of White Plains Car Accidents

If you have grounds for a third-party lawsuit after a car crash, you or your White Plains personal injury lawyer will need to determine the cause of the crash and who is responsible, such as a negligent driver, before you can file a damage claim against the correct party’s insurance company.

Common causes of car accidents include:

Whether you know the cause of your accident or need an attorney to investigate and find out, our car accident lawyers at Fiedler Deutsch, LLP can help. We understand the most common causes of car accidents in White Plains, as well as how to recover maximum compensation for injured victims.

How Do Car Accident Injury Claims Work in New York?

New York is a no-fault state, which means your own insurance will cover costs of the damages even if another driver caused the accident. Specifically, your personal injury protection (PIP) benefits will pay for medical treatment and other out-of-pocket losses caused by the accident up to coverage limits, but not pain and suffering. 

The only exception for stepping outside of the no-fault system is if the crash gave you a serious injury, such as brain damage or scarring and disfigurement. In this situation, you would have the legal right to hold the at-fault driver accountable in a third-party lawsuit.

New York’s Serious Injury Threshold

Under New York’s injury threshold, a serious injury is one that inflicts long-term or permanent symptoms. The exact definition, under Article 51 of the New York State Insurance law, is as follows:

Most of these categories are straightforward, such as a fracture or loss of life. Other examples of serious injuries include a traumatic brain injury, a spinal cord injury, burns, lacerations, and internal organ damage.

Common Car Accident Injuries that Warrant Third-Party Lawsuits

Car accidents can cause a wide variety of severe injuries to innocent motorists, including:

Brain and Head Injuries

Often caused by the head being thrown into another object, such as the steering wheel or window. Brain injuries can range from a mild concussion to severe traumatic brain injuries (TBIs), resulting in permanent cognitive impairment. 

Neck and Back Injuries

A collision at any speed can cause a sudden jolt of the neck, resulting in whiplash. Whiplash is the most common form of neck injury caused by car accidents, especially rear-end collisions. Serious cases can result in a cervical spine fracture, whereas milder cases consist of pain or neck stiffness that may disappear in a few days or weeks. Other common neck or back injuries are soft tissue injuries, spinal cord injuries, including herniated or bulging discs, and paralysis. 

Chest and Abdominal Injuries

Seatbelts and steering wheels commonly cause chest or abdominal injuries. A broken sternum or ribs, internal organ damage, or severe contusions can all result from the impact of a crash.

Leg and Knee Injuries

If the legs and knees hit the dashboard or are crushed, they may suffer bruises, scrapes, sprains, or severe bone fractures. 

Psychological Injuries

Post-Traumatic Stress Disorder (PTSD), depression, anxiety, and other psychological conditions after a severe crash are common. 

Scarring and Disfigurement 

Severe facial lacerations that leave significant scarring can occur, often due to broken glass or when the head hits an object or the pavement. Scarring and disfigurement can potentially cause lifetime or long-lasting damage, with both physical and psychological repercussions. 

No matter how minor an injury may seem, it is essential to seek medical attention as soon as possible. Medical documentation linking injuries or potential injuries is vital when pursuing an injury claim. Keep in mind that some severe injuries can have delayed symptoms, and existing injuries can worsen with time. 

Who is Liable in a White Plains Car Accident?

In most cases, the driver of a vehicle who causes a car accident is liable for damages if you suffer a severe injury. The at-fault party’s insurer must then compensate injured parties up to policy limits. White Plains drivers must carry no-fault (PIP) insurance but also liability and uninsured motorist coverage. An at-fault party’s liability insurance is the policy under which you can file a claim for your losses related to a severe injury that PIP insurance doesn’t cover. The minimum amount of liability coverage required by law is: 

In addition, drivers must also purchase uninsured/underinsured motorist coverage (UM/UIM) in the following amounts: 

In the event that the at-fault driver’s insurance policy is not enough to cover your losses, your UM/UIM insurance can act as supplemental coverage. 

Proving Fault After a Car Accident

To hold an at-fault party accountable for your losses after a car accident in White Plains, you must be able to demonstrate that their negligence caused the collision. That will require proof of the following four elements:

Examples of potential evidence to prove another driver was negligent are photos and videos of the scene, the accident, the location of damage to the vehicles, witness statements, and possibly cell phone records.

What Kinds of Damages Am I Entitled To After a Serious Injury in New York? 

Car accident victims who have suffered a serious injury under New York law have the right to demand compensation in a personal injury lawsuit for the following:

Medical Expenses

This includes past, current, and future medical bills, and any other expenses related to treatment

Lost Wages

The past, current, and future wages you would have earned at your job had you not been injured in a crash. 

Property Damage

This can include repairs or compensation for replacing your vehicle, as well as for any other personal items damaged in the accident.

Pain And Suffering

For the physical pain and emotional distress that you have endured.

Punitive Damages

If your case involved egregious or malicious conduct, the court may award punitive damages as a punishment to the defendant. 

As a pure comparative fault state, New York has specific rules that can affect the outcome of your car accident claim. Pure comparative negligence means that each person involved in the car accident will be investigated to determine their percentage of fault in causing it. In other words, you can be assigned a percentage of fault, too, even if the other driver was primarily responsible for what caused the accident. The higher your percentage of fault, the less compensation you receive. For example, if you are awarded $100,000 and found 25% at fault, you will only recover 75% of your award, or $75,000. Because your compensation is at risk, it is critical to have an attorney on your side to ensure the appropriate party is held accountable. 

What To Do After a Car Accident in White Plains?

Following a car accident, there are important actions to take to protect yourself and your right to compensation. 

How Much is My Car Accident Claim Worth?

Each case is unique, so there is no exact formula to calculate a case’s worth. However, an attorney can give you an accurate estimate after considering the following factors:​

If your damages exceed the at-fault party’s policy’s limits, the insurance company is not required to pay the difference. That is when your underinsured motorist insurance will kick in. However, if your losses still exceed that policy, your attorney can help you explore other options for recovering further compensation to make up the difference.

When to Contact a White Plains Car Accident Attorney

If your White Plains car accident does not involve serious injuries, you can call your insurance company to file a first-party claim. However, if the crash seriously injured you or took the life of a loved one, use an attorney to help you collect fair compensation. A car accident lawyer can determine the defendant, file confusing claims paperwork and negotiate with insurance companies on your behalf.

Call Our White Plains Car Accident Lawyers

Do not underestimate the importance of hiring an experienced lawyer after a serious car accident in White Plains, New York. Call Fiedler Deutsch, LLP at (914) 993-0393 or contact us online to request a free consultation at our local law office. Our Westchester County personal injury lawyers are here for you.

Our White Plains office is located at 81 Main St # 304, White Plains, NY 10601. Click here for driving directions.