Westchester Personal Injury Lawyer

We are recognized as one of the area's most reliable and successful law firms. We provide personal injury lawyers in Westchester, NY. We have built a reputation for winning multi-million-dollar cases for our clients.

The Ward Law Group helps injured people in Westchester, New York, regardless of the severity of their injuries. They work hard to assist those who are injured in accidents.

We know accidents can be traumatic and have lasting effects. It's unfair for you to pay for someone else's negligence.

Therefore, we are here to advocate for your rights as it must be. Call The Ward Law Group to get a personal injury attorney in Westchester.

Types of Personal Injury Cases Handled

Several ways exist for a person to get serious injuries, and we are proud to handle various cases. We have proved to be successful in any of the following forms of claims.

Car Accidents

Car accidents require a lawyer who is knowledgeable and confident. You may be dealing with severe injuries due to the accident and need someone who is there to help you get the fairest settlement.

There are plenty of different types of car accidents and countless causes. We can help you understand what's happening and investigate how much the responsible person should pay.

Slip and Falls

Slip and fall accidents can cause different injuries to a person. It depends on how you land or if you hit a hard surface. Property owners are liable to maintain a safe environment on their property. This intensifies when they know they will receive visits from people throughout the day.

Restaurants, supermarkets, service offices, etc. Most business buildings have these liabilities, and if you get injured in their facilities, you may be entitled to compensation for their lack of fulfilling their duties.

Workplace Accidents

The New York Labor Law is there to be followed. Whenever workers suffer an accident of any nature, they are entitled to be covered by these laws. We are experts in advocating these cases.

However, it doesn't matter what industry or what kind of job you do; if you get injured in an accident, we can help you.

Understanding Personal Injury Law

Personal injury law in New York is designed to provide legal recourse for individuals who have suffered harm due to the negligence or intentional actions of others. It encompasses many situations, from car accidents and slips and falls to medical malpractice and product liability.

Understanding the critical aspects of personal injury law is crucial for anyone seeking compensation for their injuries.

Definition of Personal Injury

A personal injury is any physical, emotional, or psychological harm an individual suffers due to another party's actions or negligence. This can occur in various settings, such as on the road, at a business establishment, or even in a medical facility.

Personal injuries can encompass various damages, including medical expenses, lost wages, pain and suffering, and more. It's important to note that personal injury claims are based on the principle of fault, meaning that to pursue a claim, it must be demonstrated that the responsible party acted negligently or wrongfully.

Elements of a Personal Injury Claim

To establish a valid personal injury claim in New York, certain elements must be present:

Duty of Care: The plaintiff must demonstrate that the defendant owed them a duty of care. This means that the defendant had a legal obligation to act reasonably and avoid causing harm.
Breach of Duty: It must be shown that the defendant breached this duty of care through negligent or intentional actions. This could involve reckless driving, failure to maintain safe premises, or medical malpractice.
Causation: There must be a direct link between the defendant's breach of duty and the plaintiff's injuries. In other words, it must be proven that the defendant's actions were the proximate cause of the harm suffered.
Damages: The plaintiff must have suffered actual injuries, whether physical, emotional, or financial. This can include medical bills, lost wages, pain and suffering, and other measurable losses.

Statute of Limitations in New York

New York imposes a statute of limitations, a legal time limit, on filing personal injury claims. In most cases, a plaintiff has three years from the date of the injury to initiate a lawsuit. However, there are exceptions, particularly in medical malpractice cases or government entities. It's crucial to be aware of and adhere to these time constraints, as failing to file within the specified period may result in the dismissal of the claim.

A comprehensive understanding of personal injury law is essential for individuals seeking compensation for their injuries.

If you believe you have a valid personal injury claim, consulting with a Westchester accident lawyer can provide valuable guidance and legal representation throughout the process. They can assess the specifics of your case, determine liability, and help you pursue the compensation you deserve.

The Process of a Personal Injury Claim

Initial Consultation

The process commences with an initial consultation with a Westchester personal injury lawyer. You can contact us for a free consultation. During this crucial meeting, you'll have the opportunity to discuss the details of your case.

Our lawyers will listen attentively to your account, assess the viability of your claim, and provide expert advice on the best course of action. This stage is pivotal in clearly understanding your rights, potential legal avenues, and what to expect as the process unfolds.

Investigation and Evidence Collection

Following the initial consultation, the lawyer initiates a comprehensive investigation. This involves gathering crucial evidence to substantiate your claim. This can encompass obtaining accident reports, medical records, witness statements, photographs, and other pertinent documentation.

The Westchester personal injury attorney may also consult experts in various fields to strengthen your case. This meticulous process helps build a robust foundation for your claim and ensures all relevant details are considered.

Filing a Lawsuit

If a fair settlement cannot be reached through negotiations, the next step is filing a lawsuit. Your lawyer will draft and file a formal complaint outlining the allegations against the responsible party or parties.

This legal document initiates the official legal proceedings. The defendants will then be able to respond, and the legal process moves forward with court proceedings.

Settlement Negotiation

In many cases, personal injury claims are resolved through settlement negotiations. Your personal injury attorney in Westchester will engage in discussions with the opposing party, their insurance company, or legal representation.

The goal is to reach a fair and just settlement that adequately compensates you for your losses. Your lawyer will guide this process, advising you on the terms of any proposed settlement and ensuring your rights are protected.

Litigation and Trial

If a settlement cannot be reached or is not in your best interests, the case proceeds to litigation. This involves presenting your case in court, where a judge and potentially a jury will hear the evidence and make a decision.

Your lawyer will diligently prepare your case for trial, presenting arguments, cross-examining witnesses, and presenting evidence on your behalf. While litigation is more formal and time-consuming, it provides a venue for seeking justice when a fair settlement cannot be achieved.

Compensation in Personal Injury Cases

In New York, personal injury victims may be entitled to various forms of compensation. Here are the different types of payment income you've already lost and you can potentially claim:

Medical Bills

One of the primary forms of compensation is coverage for your medical expenses. This includes current and future medical bills related to your injury. It encompasses costs such as hospital stays, surgeries, prescription medications, rehabilitation, and any necessary assistive devices.

A skilled Westchester county personal injury lawyer can work to ensure that all your medical expenses are properly documented and included in your claim.

Lost Wages

If your injury has resulted in time away from work, you may be entitled to compensation for lost wages. This can include the income you've already lost and potential future earnings if your injury has long-term effects on your ability to work.

Pain and Suffering

Beyond the tangible financial losses, personal injury victims may be eligible for compensation for pain and suffering. This category encompasses the physical and emotional distress you've experienced due to your injury.

It considers factors like pain, discomfort, anxiety, and the impact on your overall quality of life.

Punitive Damages

In cases where the responsible party's conduct is deemed particularly reckless or malicious, punitive damages may be awarded. Unlike other forms of compensation, punitive damages are not meant to compensate the victim but rather to punish the wrongdoer and deter similar behavior in the future.

These damages are relatively rare and are typically reserved for cases where the defendant's actions were especially egregious.

Property Damage

If your proper payment was damaged in the incident (e.g., in a car accident), you may be entitled to compensation for repairs or replacement. This can include vehicles, clothing, electronics, or other items directly affected by the incident.

Wrongful Death Damages

In cases where a personal injury results in the tragic loss of a loved one, surviving family members may be able to pursue a wrongful death claim. This can cover expenses such as funeral and burial costs and compensation for losing financial support and companionship.