Being injured in a White Plains, NY, automobile crash can leave you dealing with doctor visits, rehabilitation, and car repairs. When another person is responsible for everything, it makes it more frustrating when trying to deal with insurance companies to get the settlement you need.
Instead of adding these worries to your shoulders, speak with a skilled White Plains, NY, car accident lawyer from Tucker Lawyers PC. We want to help you manage your claim as easily and quickly as possible, taking on the legal burdens so you can concentrate on getting better. We offer a free initial consultation and will work toward the best outcome for you.
Why Choose Tucker Lawyers, PC?
Car accident claims can be complicated, and many different parties may be to blame. Performing a thorough investigation of your case is where our car accident attorneys in White Plains, NY, begin so we fully understand the situation. We offer further services such as:
- Estimating your claim’s full value
- Gathering the evidence to prove negligence against the at-fault parties
- Helping you collect medical records
- Connecting you with medical specialists to assess your future expenses
- Ensuring you have accurate and valid auto repair estimates
- Speaking with witnesses and experts for their testimony
- Negotiating with insurance companies and opposing counsel
- Litigating your case aggressively for the settlement you need.
Our record of millions in settlements and jury awards we have secured for our clients speaks for itself. Each car accident attorney is committed to your full recovery and protecting your rights.
Common Car Accident Injuries in White Plains, NY
The range of injuries you might experience from a car accident is extremely broad. Fender benders may leave you with soreness and whiplash, but head-on or T-bone collisions often cause much more severe damage. You may need emergency transport to a hospital.
Some common car accident injuries our automotive crash attorneys see include:
- Broken bones
- Burns
- Back and neck injuries
- Bruises, cuts, road rash, and lacerations
- Damage to internal organs
- Internal bleeding
- Traumatic brain injuries.
Even if you think you are unhurt after a wreck, you should be evaluated at the scene or see your doctor within 24 hours. Not only does this protect your health in case you have suffered a “silent” injury, but it also establishes a direct connection between your condition and the crash.
This is critical for the success of your insurance claim or lawsuit since it helps demonstrate negligence by the other parties involved so you can seek damages. Your White Plains, NY, car accident attorney will help you find medical experts to diagnose your injuries and ensure you receive the care you need.
Types of Compensation Available
When someone else is responsible for your injuries, you deserve full compensation for every penny of suffering and trouble they have caused you. If it were not for the crash, you would not be facing potential surgery, a long recovery, and the need to repair or replace your vehicle. When they are at fault, they must be brought to justice.
New York requires drivers to purchase no-fault insurance, and each person pays for their own damages. However, if your coverage amounts are not enough and you have serious injuries, you may file a personal injury lawsuit against those responsible. This is usually another driver but can include pedestrians, construction crews, and even government agencies who failed to maintain the road and signs.
Your White Plains, NY, car accident attorney will help you build a list of all expenses you have incurred in relation to your injuries and auto damage. You may be surprised at the kinds of items you can include, but it is important not to leave anything out. This is critical when considering how much medical care you will need after the claim is settled.
Economic vs. Noneconomic Damages
Compensatory damages fall into two general categories: economic and noneconomic. Those with a fixed value are considered economic and include items such as your medical bills and car repair. Noneconomic losses are more subjective and address how your life has been impacted by the accident.
Insurance companies will usually only pay economic losses. If you meet the criteria of serious injuries as outlined by the New York State Senate, you may file a lawsuit to recover all your economic and noneconomic damages. For example, you could request compensation for losses such as:
- All medical bills
- Auto repair or replacement
- Anxiety, depression, and PTSD
- Damage to other personal property
- Emotional distress
- Household services you cannot perform while you recover
- Lost income and benefits
- Loss of enjoyment of life and activities
- Mental and physical therapy costs
- Pain and suffering
- Paralysis
- Permanent disability
- Renovations to your home for a disability
- Scarring and disfigurement.
Proving Negligence After A Car Accident
The first step in a car accident claim is determining all liable parties so they can be pursued for compensation. Once they are identified, your car accident lawyer in White Plains, NY, must create the strongest possible proof that those parties are negligent. This means demonstrating the part they played and how it directly caused you harm.
There are four main elements to proving negligence in a personal injury case: duty, breach, causation, and damages. When your lawyer successfully demonstrates these elements, you can receive the compensation you deserve.
Duty of Care to Those on the Road
A duty of care is an obligation to avoid any action or inaction that might cause harm to others on the road. For drivers, this means obeying traffic laws and driving safely. For others who use or maintain the road, it means ensuring they do not cause or fail to correct a hazardous situation.
For example, if a road repair crew fails to mark a shift in lanes with appropriate signs and materials, drivers may travel onto dangerous terrain and crash. The repair company or government agency had a duty of care to prevent drivers from accessing that part of the road and could be held liable for their negligence.
Breach or Failure of Duty
When someone fails or breaches their duty to others on the road, they may speed, drive recklessly, ignore road signs, or otherwise act unsafely. This includes distracted driving, drunk driving, and road rage.
In cases where other parties are at fault, any action or lack of action that leads to a risk to others can constitute a breach of their duty of care. Evidence in the form of photos, videos, skid marks, injuries, auto damage, witness statements, and other material can be used to demonstrate how someone failed to uphold their duty.
Causation And Establishing A Connection
After showing the duty owed and breach of it, your attorney will provide evidence of the causal connection between the defendant’s negligent actions and your injuries. This is when having established a link between their behavior and your medical diagnosis becomes critical.
The defendant’s insurance company or attorney will try to claim you were hurt in some other way. Your lawyer will focus on showing their actions were the direct cause of your injuries through the use of medical records and other evidence.
Damages Suffered
The fourth element is to show proof of the damages you have suffered as a result of the other party’s negligence. Your losses can be physical, emotional, and financial. Receipts, photos, and other materials can support your economic claims, while your pain journal and reports from therapists can lend credibility to your subjective damage demands.
Your car accident lawyer will collect all available material to forcefully show the full extent of your losses. They will fight tenaciously to sway the minds of the judge and jury to your side so you can secure the compensation you deserve.
How Much Does an Attorney Cost?
When you are already facing medical bills and auto repair worries, you may feel you do not have the funds to hire an attorney to represent you. However, a car accident claim is a perfect example of spending money to save money. Without professional and experienced legal representation, you could fail to negotiate a satisfactory settlement or lose your case at trial.
At Tucker, we recognize that you need to get help without adding to your financial concerns. We proudly offer free initial consultations so you can understand your options at no cost to you. When you hire us, we work on a contingency fee basis, meaning we do not get paid until and unless we secure a settlement for you. We work hard for you because we believe in your case, and we are sure we can win, benefiting both you and our firm.
Contact A White Plains, NY, Car Accident Lawyer Today
When you or a loved one have been hurt in a crash, turn to an accomplished and capable White Plains, NY, car accident lawyer from Tucker Lawyers, PC. We manage your case to obtain the best possible outcome for your unique circumstances while you focus on healing.
Schedule your free case evaluation by calling (516) 399-2364 or using our online form today.
FAQs About Car Accidents
Here are some common questions we get at Tucker Law about White Plains, NY, car accident cases.
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When Do I Need a Car Accident Lawyer?
The sooner you hire an attorney, the better so you avoid costly mistakes. Our lawyers can quickly assume command of your case after your initial free consultation so you get the legal representation you need. We will negotiate on your behalf and protect your rights.
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How Does Auto Insurance Work in White Plains, NY?
Under New York’s no-fault insurance guidelines, all drivers will file their claims with their respective insurance providers to receive compensation for their damages. When a driver flees the scene or has no insurance, you may still have options for filing a lawsuit against them.
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How Does the Statute of Limitations Affect My Car Accident Claim?
The New York statute of limitations gives you only three years after the accident to file your claim. You must hire an attorney and act quickly to build your case or risk losing the right to seek compensation through the courts.
These may not be your only questions; our attorneys will discuss your specific concerns in your initial consult.
Managing Attorney John. J. Tucker, Esq.
John has personally handled thousands of clients who were victims of another’s negligence and fights relentlessly for their rights. John enjoys bringing closure to a client’s matter so that the injured party can move forward with their life. His background enables him to evaluate complex liability related claims and bring resolution to claims in a record time frame. [ Attorney Bio ]