Westchester Personal Injury Lawyer
Representing Injured Victims in Westchester County
When you are injured in an accident, you may be left with a number of questions and concerns. How will you pay for your medical bills? How will you support your family if you are unable to work? How will you recover from your injuries? At Sutton & Smyth, we understand the challenges you are facing, and we are here to help.
Understanding Personal Injury Law in Westchester
Personal injury law is a type of civil law that allows injured victims to seek compensation for their damages. In order to have a successful personal injury claim, you must be able to prove that another person or party was negligent and that their negligence caused your injuries.
Negligence is a legal term that refers to a person's failure to act with reasonable care. In other words, a person is negligent when they fail to do something that a reasonable person would do in the same or similar circumstances, or when they do something that a reasonable person would not do in the same or similar circumstances.
In order to have a successful personal injury claim, you must be able to prove the following elements:
- The at-fault party owed you a duty of care
- The at-fault party breached the duty of care
- The breach of the duty of care caused your injuries
- You suffered damages as a result of your injuries
Personal injury claims can be based on a wide range of accidents and injuries. At Sutton & Smyth, we have extensive experience handling all types of personal injury claims, and we are prepared to put our skills to work for you.
Common Types of Personal Injury Cases
Personal injury cases involve individuals who have suffered physical, emotional, or psychological harm due to the negligence or intentional actions of another party. These cases can take various forms, but some common types of personal injury cases include:
- Car Accidents: These are among the most common personal injury cases. They occur when a driver's negligence, recklessness, or carelessness leads to a collision resulting in injuries. This includes accidents involving cars, motorcycles, trucks, and pedestrians.
- Slip and Fall Accidents: These cases arise when a person slips, trips, or falls on someone else's property due to hazardous conditions like wet floors, uneven surfaces, or inadequate maintenance. Property owners may be liable if they fail to maintain a safe environment.
- Medical Malpractice: Medical malpractice cases occur when healthcare professionals, such as doctors, nurses, or hospitals, provide substandard care that leads to injuries or harm to a patient. These cases can involve misdiagnosis, surgical errors, medication mistakes, and more.
- Product Liability: In these cases, injuries are caused by defective or dangerous products. The manufacturer, distributor, or seller of the product may be held responsible for injuries or damages resulting from the product's use.
- Dog Bites: When a dog attacks and injures a person, the owner can be held liable for the injuries, particularly if they were aware of the dog's aggressive tendencies or failed to control the animal.
- Workplace Injuries: Workers who are injured on the job may be entitled to workers' compensation benefits. In some cases, they can also file personal injury claims against third parties, like equipment manufacturers or subcontractors, if their negligence caused the injury.
- Premises Liability: These cases involve injuries that occur on someone else's property, such as slip and fall accidents, swimming pool accidents, or injuries caused by inadequate security. Property owners can be held liable if they fail to maintain a safe environment.
- Wrongful Death: These cases involve the loss of a loved one due to another person's negligence, recklessness, or intentional actions. Wrongful death claims seek compensation for the survivors' emotional and financial losses.
Compensation in a Personal Injury Lawsuit
When you are injured in an accident, you may be left with a number of financial burdens. You may be facing expensive medical bills, and you may be unable to work. In addition, you may be left with a number of non-economic damages, such as pain and suffering. Fortunately, you may be entitled to compensation for all of these damages and more.
Depending on the specific circumstances of your case, you may be entitled to the following types of compensation:
- Medical expenses
- Lost wages
- Loss of earning capacity
- Property damage
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Loss of consortium
- Disfigurement and scarring
It is important to note that New York is a pure comparative negligence state. This means that even if you are partially at fault for the accident that caused your injuries, you can still recover compensation. However, your damages will be reduced by your percentage of fault. For example, if you are found to be 20% at fault for the accident, your damages will be reduced by 20%.
How to File a Personal Injury Claim in Westchester
After you have been injured in an accident, you may be unsure of what to do next. However, there are a number of steps you can take to protect your rights and improve your chances of recovering the compensation you deserve.
Here are some steps you should take after an accident:
- Seek medical attention. Even if you do not think you have been seriously injured, you should still see a doctor as soon as possible after an accident. Some injuries, such as traumatic brain injuries and internal bleeding, may not be immediately apparent. In addition, seeing a doctor will create an official record of your injuries, which can be used to support your claim.
- Report the accident. If you were injured in a car accident, you should report the accident to the police. If you were injured in a slip and fall accident, you should report the accident to the property owner or manager. In addition, you should report the accident to your insurance company as soon as possible.
- Document the accident scene. If you are able to do so, you should take pictures of the accident scene. You should also write down the names and contact information of any witnesses to the accident.
- Do not admit fault. After an accident, you should be careful about what you say. You should never admit fault for the accident, even if you think you may have been partially to blame. In addition, you should avoid speaking to the insurance company without first consulting with an attorney.
- Keep a journal. You should keep a journal of your injuries and how they are affecting your daily life. You should also keep a record of all of your medical expenses and other accident-related costs.
- Do not accept a settlement offer. After an accident, the insurance company may offer you a settlement. However, you should not accept the offer without first speaking to an attorney. The insurance company is not on your side, and they will try to get you to settle for as little as possible.
- Hire an attorney. Personal injury claims can be complex, and the insurance company will have a team of attorneys on their side. In order to level the playing field, you should hire an experienced personal injury attorney to represent you.
Personal Injury Settlement Process
After you file a personal injury claim, the insurance company will conduct an investigation into the accident. They will review the evidence, such as the police report and your medical records, and they will determine whether or not to accept liability for the accident. If the insurance company accepts liability, they will then review your damages and determine how much your claim is worth.
Once the insurance company has determined how much your claim is worth, they will make a settlement offer. If the settlement offer is fair and will fully compensate you for your damages, your attorney may recommend that you accept the offer. However, if the settlement offer is too low, your attorney will negotiate with the insurance company to try to reach a more favorable settlement. If the insurance company refuses to make a fair settlement offer, your attorney may recommend that you file a personal injury lawsuit.
Hiring a Personal Injury Attorney in Westchester
Personal injury claims can be complex, and the insurance company will have a team of attorneys on their side. In order to level the playing field, you should hire an experienced personal injury attorney to represent you. At Sutton & Smyth, we have a proven track record of success. We are prepared to fight for you and your recovery.
Call our office today at (866) 935-1862 or contact us online to schedule a free consultation with a member of our team.
$1.7 Million Property Damage Due to Fire
$775K Motorcycle Accident
$750K Ceiling Collapse in Rental Apartment
$585K Bicycle Accident Involving Taxi
$485K Sidewalk Trip & Fall
"Highly recommend! Thank you!"Daniel was very knowledgeable, super attentive, and quick to inform me throughout the entire process.- Samantha S.
"I would highly recommend this law firm."He continuously updated me throughout the entire process and answered all my questions.- A. L.
"Thank you so much for listening to us when no one else would."Leigh Sutton & Daniel Smyth made sure that his voice was heard and he was compensated to the max!- Mari K.
"I always felt like I was in great hands."My experience working with Dan was working with someone transparent, helpful, and consistent, and I'm really happy I met him when I did.- Erin R.
"Obtained better than expected results on all cases referred..."I am an attorney that has referred a number of sensitive cases to the attorneys at Sutton & Smyth, LLP.- Michael L.
"Daniel made me feel at ease throughout my entire process."He is very knowledgeable, super attentive, and quick to inform and respond.- Catherine M.
"This the law firm for you!"Very good at his job and I'm beyond grateful and satisfied with the job he's done.- Dominique McCloud
"I would absolutely recommend them!"Extremely helpful counsel during a stressful time in my life!- Kelly P.