Handling an injury that is not only painful, but also debilitating can leave patients feeling vulnerable. You may feel as if there’s no escape from the situation you’ve found yourself in. However, if your injuries were caused due to another person’s negligence, who should have taken adequate precautions to prevent the accident, you might have a legal right to claim compensation.

Personal injury lawsuits give victims the opportunity to seek compensation for the harms they have endured by bringing claims against individuals or companies that acted negligently or recklessly. 

We represent accident victims seriously injured due to negligence and bring our experience and expertise to bear in many types of legal matters. 

Our law firm can assist with all of the following types of personal injury cases:

Automobile accidents

Bus accidents

Construction accidents

Dog Bite accidents 

Motorcycle accidents

Pedestrian accidents

Product Liability accidents

Slip and Fall accidents

Trip and Fall accidents

Truck accidents

Wrongful death accidents

Our law office is proud of representing personal injury victims in all types of cases. We secure the financial compensation our clients seek so they can focus on their healing without worrying about their finances. 

Our Yonkers Personal Injury Lawyers can assist you with any questions or concerns you may have regarding the possibility of pursuing legal action. Give us a call at (914) 677-1330 to obtain more information about our services.

Commencing a Personal Injury Lawsuit in Yonkers

In any personal injury matter, a plaintiff must prove the following: a duty of care, a violation of that duty, a causal relationship between the accident and any injuries, and damages.

When filing a personal injury lawsuit, you can seek reimbursement for medical expenses, lost wages, and pain and suffering, among other things. If you want to file a case, you must generally do so within three years of the date of the accident due to the Statute of Limitations. Even shorter time limits may apply if the defendant is a governmental entity. 

Proving Negligence in a Yonkers Personal Injury Lawsuit

If you are seriously injured due to the negligence of another, you should take legal action against the individual or individuals responsible for the accident. In cases involving personal injury, the plaintiff must demonstrate the defendant was negligent. To constitute negligence, there must be a duty of care, a breach of that obligation, “causation”, and an injury. 

Proving Duty of Care in a Yonkers Personal Injury Lawsuit 

In order for a plaintiff to successfully sue a defendant for negligence, the defendant must have owed the plaintiff a “duty of care”. When there is a duty of care, a defendant has the responsibility to take reasonable precautions to safeguard the plaintiff’s safety. A duty may be owed to the plaintiff or the defendant depending on the circumstances and the nature of their relationship to one another. Some examples of circumstances in which a duty of care is owed include: between a doctor and a patient, a property owner and a guest, and a manufacturer and a consumer. 

Proving Breach of a Duty of Care in a Yonkers Personal Injury Lawsuit

When suing for negligence, a plaintiff is also required to establish that the defendant did not live up to the duty of care. In order to accomplish this, a plaintiff’s attorney will seek to prove what particular obligations the defendant owed, as well as how they failed to fulfill those obligations due to their acts (or failure to act). 

Proving Causation in a Yonkers Personal Injury Lawsuit

In addition to proving duty and a breach of that duty, a plaintiff must also establish that the defendant’s negligent behavior was the underlying cause of the accident and the resulting injuries. The process of proving causation can be made difficult in circumstances where the plaintiff is contributory negligent. Our Yonkers Personal Injury Lawyers will be able to respond to any questions you may have regarding any causation issues presented in your case. 

Proving Injuries in a Yonkers Personal Injury Lawsuit

Proving you sustained injuries is the final step in “making out a case”. After suffering any kind of injury, the first thing you should do is seek medication attention and obtain the appropriate treatment. You should record all of the injuries you sustain and keep any medical records regarding any medical treatment you receive after an accident. 

Proving Damages in a Yonkers Personal Injury Lawsuit

In a claim for personal injury, establishing the appropriate amount of compensation depends heavily on your ability to demonstrate that you had an injury. The term “damages” can also be used to refer to this type of compensation. The purpose of recovering damages is to offer victims of personal injuries a form of recovery against a negligent defendant. 

You have the right to seek compensation for any particular costs you have incurred as a direct result of your injuries. The majority of these costs are going to be comprised of medical expenditures. You may be eligible for financial compensation for the money you are required to spend on unexpected medical treatments, hospital stays, surgery, rehabilitative therapy, and specialist appointments, to name just a few examples. 

You also have the right to seek compensation for wages you lost because you had to miss time at work while you were recovering from your injuries. If your injuries result in long-term setbacks in your ability to perform the functions of your job, your damages can include money to represent your decreased earning potential or missed opportunities for advancement in your field. This is the case if your injuries lead to long-term setbacks in your ability to perform the functions of your job. 

Compensation for your injuries are not restricted to any bills you are required to pay or any paychecks you will no longer receive as a result of your ailments. The victim of a personal injury may experience ongoing discomfort, a decrease in their ability to take pleasure in life, or psychological problems such as anxiety or depression as a result of the victim’s condition. 

Without having sufficient information on the victim, the circumstances of the accident, and the injuries received, it is impossible to provide an accurate estimation of the worth of any particular personal injury case. Our Yonkers personal injury attorneys are able to listen to your story and provide you with the options that are best for you. If you are curious about what you stand to gain from filing a lawsuit against the party that is responsible for your accident, our attorneys can provide you with this information after listening to your story. 

Limited Time to File a Claim for a Yonkers Personal Injury Action 

In the state of New York, the “statute of limitations” for filing a negligence lawsuit is set at three years counting backwards from the day the accident occurred. This means you must file your lawsuit with the relevant court within the first three years after the accident. Even quicker deadlines may apply if your case involves a claim against a governmental entity or the matter is in the nature of a wrongful death or medical malpractice action. 

Because you will need to identify all potential defendants, gather facts, and come up with damage estimates, the preparation and filing of a lawsuit can take significantly more time than you might initially anticipate. In addition, the sooner you bring your claim, the sooner it is likely that you will receive the money that you require in order to recuperate from your injuries in a comfortable manner. Therefore, we highly recommend that you get in touch with one of our personal injury lawyers in Yonkers as soon as possible after your injuries have been assessed and treated.

Contact Our Westchester Lawyers in Westchester, NY 

No matter how severe your injuries are, you deserve the knowledgeable and resourceful guidance of the experienced Yonkers personal injury attorneys  at the law office of Cesar Zuniga, Esq. Call us at (914) 677-1330 to speak with one of our representatives about your legal matter. 

Our wrongful death lawyers can also assist with other types of personal injury lawsuits. 

We also love serving all of the Yonkers community, including Alexander Smith, Bronxville Heights, Bryn Mawr, Centuck, Crestwood, Colonial Heights, Getty Square, Homefield, Lincoln Park, Ludlow, Nepera Park, Nepperhan, Park Hill and more.