Whiteplains Personal Injury Lawyer
Personal injuries can affect peoples’ ability to work and inhibit their enjoyment of life. Furthermore, those who suffer personal injuries may endure a great deal of pain and suffering. Fortunately, you may be compensated for damages caused by other peoples’ negligent acts through a personal injury lawsuit.
Pursuing damages in a personal injury lawsuit can be a complicated process. An extensive amount of evidence may be required to prove your claim. Additionally, plaintiffs typically must engage in lengthy negotiations with defendants and their insurance companies when debating the value of a case.
If you were injured because of another person’s negligent conduct, get help recovering the compensation you deserve. Contact our experienced White Plains personal injury lawyers by calling The Carrion Law Firm at (718) 841-0083 for a free case review.
Time Limits to File a Personal Injury Case in White Plains
Plaintiffs in White Plains personal injury lawsuits will usually have three years from the date of their injury to file a lawsuit seeking compensation. However, you should not delay the process of filing a claim. Pertinent evidence can become difficult to recover after time. It is important to contact our White Plains personal injury lawyers as soon as possible after an accident so we may begin gathering evidence to support your case.
Furthermore, there are numerous requirements for filing a personal injury lawsuit in White Plains. Plaintiffs must serve defendants, file in the right court, pay any required fees, attach supporting information, and file a valid complaint. Failure to adhere to any of these requirements could force plaintiffs to re-file their case. Accordingly, plaintiffs should file a case as soon as possible to give themselves time to re-file if required.
Lastly, there are exceptions to the statute of limitations as they pertain to minors. Those under the age of 18 are considered to lack the mental capacity to file a lawsuit. Therefore, if a child is injured because of another person’s negligent actions, the three-year time limit to file a personal injury claim will not begin to run until the child turns 18. Once turning 18, the victim will have three years to file a lawsuit for injuries that occurred while they were a minor. However, before turning 18, a child’s parents are permitted to file a claim for damages on their child’s behalf. Our White Plains personal injury lawyers can provide guidance to parents when filing a personal injury lawsuit on their child’s behalf.
Elements of a Personal Injury Case in White Plains
There are several different types of personal injury cases. The strategies for pursuing compensation in such cases can vary depending on the cause, type, and extent of injuries suffered. However, most personal injury claims must satisfy four general elements in order to proceed. Each of the following elements must be established in your case:
- The defendant owed you a duty of care to act a certain way under particular circumstances
- The defendant breached their duty of care
- You were injured because of the defendant’s breach of duty
- You suffered damages because of your injuries
While these elements may appear simple on their face, proving them can be more complicated than it seems. Our White Plains personal injury lawyers can help determine if your case satisfies these crucial elements during a free case review.
Comparative Negligence in White Plains Personal Injury Cases
New York follows the doctrine of pure comparative negligence when awarding damages in personal injury cases. This means that damages will be awarded based on a percentage of fault. If a defendant is deemed to be 80% responsible for an accident while you were considered 20% at-fault, then the defendant will be ordered to pay for 80% of damages caused by an accident while you will be held accountable for the other 20% through out-of-pocket expenses.
Accordingly, defendants and their insurers will use various tactics to try to shift fault to avoid paying the full value of your claim. For example, during a slip and fall case, a defendants’ insurance company may attempt to assert that you were trespassing or that you were distracted when you fell. Our White Plains personal injury lawyers can help establish fault on behalf of a negligent defendant, so you may recover the full range of monetary damages available to you.
Settling a Personal Injury Case vs. Taking a Personal Injury Case to Trial in White Plains
Personal injury plaintiffs in White Plains will usually face the difficult decision of settling their case or taking their case to trial. A settlement agreement is a form of contract that ensures a defendant will pay a specified amount of damages to a plaintiff in order for a case to be voluntarily dismissed. There are multiple benefits to settling a case early. By reaching a settlement agreement, both parties may save on the expensive costs that accompany taking a case to trial. Furthermore, settlement agreements will allow plaintiffs to receive their compensation earlier.
Still, settling early is not always the right decision. Insurance adjusters will often make low settlement offers in the aftermath of an accident. Furthermore, insurance defense attorneys may use various tactics to entice a low settlement agreement before trial. By going to trial, plaintiffs will have the opportunity to recover further compensation for their injuries. However, plaintiffs who go to trial also risk receiving nothing.
The decision to settle or go to trial can be very difficult. It is important that plaintiffs know what their case is truly worth before deciding. There are several, complex factors that can be used to ascertain the value of your claim. Our White Plains personal injury lawyers can help assess the true value of your case, so you may determine if going to trial is the right decision for you.
If You Were Injured Because of Another Person’s Negligent Actions, Our Lawyers Can Help
If you were injured because of another person’s negligent conduct, seek assistance from our experienced White Plains personal injury lawyers by calling The Carrion Law Firm at (718) 841-0083 for a free case review.