Yonkers Personal Injury Lawyer
If you were injured in a car accident, slip and fall, medical malpractice incident or another personal injury incident caused by someone else’s negligence, you need capable legal support. The personal injury lawyers at Fiedler Deutsch, LLP are here to help with every aspect of your claim. Contact us today for a free, no-obligation case review.
Why Choose Fiedler Deutsch, LLP for Your Yonkers Personal Injury Lawyer
Many clients have chosen Fiedler Deutsch, LLP because of our:
- Personal attention – Our partners personally handle each and every case. You will never feel that you are not important. You are represented by a lawyer with extensive knowledge and experience.
- Experience – Our partners have over 50 years of combined legal experience we leverage on your case.
- Respect from the legal community – Our attorneys have consistently been listed in notable legal organizations, including New York’s Super Lawyers, Best Lawyers of America, and Best Law Firms in America by S. News and World Report.
- Client reviews – Our former clients have left us beaming reviews due to their high degree of satisfaction with our results and communication.
- Results – We have successfully recovered over $250 million for our clients.
If you were injured in an accident and would like to learn more about how our firm can help, call us at (914) 993-0393 or contact us online.
Types of Personal Injury Claims Our Yonkers Lawyers Handle
Our Yonkers personal injury lawyers take on various types of personal injury cases, including:
Motor Vehicle Accidents
Our lawyers competently handle all types of motor vehicle accidents including Yonkers car accidents, truck accidents, motorcycle accidents, and bus accidents. Most car accidents are caused by the negligence of other drivers, such as:
- Distracted driving
- Speeding
- Failing to yield
- Following too closely
- Impaired driving
- Drowsy driving
- Running stop lights or stop signs
Premises Liability
New York property owners must maintain their properties in a safe condition that does not pose a danger to visitors. When someone slips and falls or is otherwise injured on the property, they may be entitled to compensation for the harm they have suffered. Examples of premises liability claims include:
- Elevator and escalator accidents
- Slips and falls
- Falling object accidents
- Building fires
- Injuries caused by poor building maintenance
In some situations, people are injured by third parties due to negligent security.
To recover compensation in a premises liability claim, the victim must show that the property owner knew about or should have known about the dangerous condition, failed to take appropriate action to remedy the problem, and the victim was injured as a result.
Construction Accidents
Construction sites are a common site in New York. However, never-ending construction and tight deadlines mean that construction accidents are also common. Our lawyers help construction site accident victims who have been injured in:
- Construction site ladder accidents
- Crane accidents
- Elevator injuries
- Forklift injuries
- Jobsite amputations
- Scaffolding accidents
Our team can investigate what factors contributed to the accident, such as lack of protective equipment or lack of safety training, and help hold them accountable.
Medical Malpractice
You entrust doctors and other healthcare providers with your health and life. When a doctor fails to follow accepted standards of care and you are injured as a result, you have a right to pursue compensation for the damages you have suffered.
Common examples of medical malpractice include:
- Failure to diagnose a condition
- Delay in diagnosis
- Misdiagnosis
- Medication mistakes
- Anesthesia errors
- Surgical mistakes
- Birth injuries
Medical malpractice cases are quite complex. Many rely on having a medical expert explain the applicable medical standard, how the healthcare provider deviated from that standard, and how the patient was harmed. Our team has a network of experts we can call on to help establish your claim.
Nursing Home Abuse/Bedsores
When you trust your loved one to the care of a nursing home, the last thing you expect is for them to be mistreated. Unfortunately, nursing home abuse is far too common due to nursing homes failing to properly vet employees, maintain adequate staff numbers, and monitor their patients. Staffing issues can also lead to neglect, including allowing bedsores to develop on patients, a sign that patients have not been properly turned or moved.
Catastrophic Injuries
Our firm works closely with personal injury victims who have suffered serious injuries, such as:
- Birth injuries
- Burn injuries
- Spinal cord injuries
- Traumatic brain injuries
Wrongful Deaths
In the most serious personal injury cases, there is nothing that can be done to make things right because the victim has died. In these situations, the law allows a person’s loved ones to file a civil claim to seek compensation for the economic and non-economic losses they have suffered due to the death. While no amount of money can ever make the situation right, a Yonkers wrongful death claim may help ease some of the financial burden.
What Damages Can Be Recovered In a Personal Injury Case
Victims who suffer a severe injury caused by another’s negligence are entitled to damages. Damages is a legal term that describes the different types of compensation that can be recovered in a settlement or award. There are two types of damages most commonly recovered: economic and non-economic.
Economic Damages
Compensation for actual financial losses, such as:
- Medical Bills: Emergency visits, hospital stays, physical therapy, outpatient procedures, prescription medications, in-home medical care, rehabilitation costs, etc.
- Anticipated future medical expenses.
- Property repair or replacement.
- Current and future lost wages from missed work while you recover.
- Diminished earning capacity if you can no longer earn income at the same level as before the accident.
To recover economic damages, you must provide physical documentation of the expenses.
Non-Economic Damages
Compensation awarded for subjective losses rather than specific financial losses, for instance:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Loss of opportunity
- Loss of consortium
- Physical impairment (e.g., disability, loss of a limb)
- Disfigurement
- Unjust hardship
These losses are much more challenging to prove since they are not associated with an actual financial loss.
Punitive Damages
Punitive damages are available in some personal injury accident cases, but are rarely awarded. Instead, this type of compensation is typically reserved for cases that involve a defendant (at-fault party) who acted with an extreme reckless disregard for the safety of others. Punitive damages are then awarded with the intention to punish the defendant and deter others from committing similar harmful acts.
How Long Do I Have to File a Personal Injury Claim in Yonkers?
All states impose a statute of limitations on personal injury cases, New York included. That statute of limitations sets a deadline on the amount of time a victim has to pursue a claim. There are some exceptions, but you generally have three years from the date of the injury to file a lawsuit under CPLR 214(4). However, the amount of time you have will depend on the type of personal injury case you are pursuing. For example:
- Personal Injury Claims (e.g., car accidents, slip and falls, etc.): 3 years
- Product Liability (defective or dangerous products): 3 years
- Unintentional Infliction of Emotional Distress: 3 years
- Intentional Infliction of Emotional Distress: 1 year
- Medical Malpractice: 2 and a half years
- Personal Injury Claims Against the Government in New York: 90 Days
These deadlines are critical because failing to bring a lawsuit within this time will likely result in the court dismissing your case and you being barred from recovering compensation.
Exceptions
There are limited exceptions to these laws, but generally, the courts will not extend the statute of limitations. For example, when the injury victim is a minor, the three-year time limit is typically “tolled” or delayed until they turn 18. The “discovery rule” also often applies in Yonkers medical malpractice claims. If the victim was unaware of their injury or illness, the statute of limitations will begin to run once they discover or should have known about the injury or illness.
What to Do If You Were Injured in an Accident in Yonkers
If you were injured in an accident in Yonkers, there are steps that you should take to protect your health and your claim, including:
- Report the accident to authorities – For example, if you were injured in a car accident, you can call 911. If you slipped and fell on the property, report this to the property owner or manager.
- Get necessary information – This may include the other driver’s or property owner’s name, contact information, and insurance information.
- Document the scene – Most accident scenes will quickly be cleaned up, so you might want to try to take pictures of the conditions that might have contributed to the accident and your injuries.
- Talk to witnesses – Ask any witnesses who saw the accident for their contact information so your lawyer can call them later for a statement.
- Seek medical attention – Receive medical attention as soon as possible to get your injuries diagnosed and create a paper trail that connects the accident and your injuries.
- Talk to a personal injury lawyer – A Yonkers personal injury lawyer can explain if you have cause for a personal injury claim and give you a better idea about the potential compensation you might be entitled to.
Contact a Yonkers Personal Injury Lawyer for Help with Your Personal Injury Claim
If you were hurt in a personal injury incident, the Yonkers personal injury lawyers with Fiedler Deutsch, LLP want to help you recover the compensation you are due. Contact us today for a free case review.