Personal Injury Attorney White Plains NY
In the course of your day, you have every right to expect that those around you are acting with the same care that you are in order to avoid causing accidents or injuries. Unfortunately, the reality is that people act negligently, recklessly, and maliciously, and can cause serious injuries to others as a result of these behaviors. If you have been injured as a result of someone else’s actions (or omissions), then you have rights as a victim that includes financial compensation for the damages you suffer. Working with a personal injury attorney in White Plains is one of the most important steps to take following a personal injury so that you can fight for what you deserve while you are also able to focus on making a full recovery.
Read more below to get an idea of why a personal injury attorney is such an important ally in this process, and contact the Law Offices of Kirsten E. Bennett as soon as possible to learn about how we can help you through your current circumstances. There are many different situations that qualify you for personal injury damages, some of which we will discuss below. Regardless of whether or not you see anything on this site that resembles your own injuries and accident, speak with us now to understand how we can help you more forward.
What Is a Personal Injury?
A personal injury, simply put, is any injury that you suffer to your body or mind, as opposed to damages that your property sustains, in an accident. In order to warrant a claim against someone else, you will need to prove that your injuries are their responsibility because of their behavior.
The basis of a personal injury claim requires that the following characteristics are present:
- The defendant had a “duty of care” to you. Driving safely, ensuring that a property is free of avoidable hazards for visitors, or not operating a vehicle while intoxicated are just three examples of common duties of care.
- The defendant failed to uphold their duty of care. By acting recklessly, negligently, or maliciously, and caused an accident as a result of this failure, the defendant failed to uphold this duty of care.
- This failure caused an accident that you were injured in. If someone drives drunk but does not cause an accident, they are breaking criminal laws but have not warranted a civil case. Causing an accident while driving drunk, however, could warrant a civil case if there were injuries sustained.
As you can imagine, these necessary factors can lead to a very wide range of situations qualifying for a personal injury claim. We will go over a few of the most common causes of personal injury claims below.
Common Causes of Personal Injury Claims
The following are just a few of the types of personal injury claims that the Law Offices of Kirsten E. Bennett are available to help you through as your White Plains personal injury attorneys. Keep in mind that this list is not intended to be comprehensive.
- Car accidents
- Motorcycle crashes
- Drunk driving collisions
- Slip and Fall injuries
- Premise liability
- Trucking accidents
- Product liability cases
- Workplace injuries
Contact us now to discuss the specifics of your own case in order to learn about your options. We will be happy to speak in greater detail about your injuries during an initial consultation, as well as the steps you have already taken and how we can help you move forward with a case.
Filing an Insurance Claim After a Personal Injury
In many cases when someone is injured, the responsible party may have an insurance policy that covers the situation that you were injured in. If this is the case, then you will need to work directly with their insurance company in order to initiate a claim and ultimately get the money you deserve. Many people think that they do not need to work with an attorney when first filing their insurance claim, but this is far from the truth.
The Insurance Claim Investigation
Once you file a claim, you will have a claims adjuster assigned to your case who will go through the details of the accident and your injuries before determining how much the insurance company should pay. This could include things like medical examinations, eyewitness statements, providing financial documents, and more. Throughout this process, the adjuster is looking for all possible ways to reduce the amount that the insurance company ultimately pays you as a settlement.
When you have a personal injury lawyer representing you through the claims investigation, they will be able to use this time to perform their own investigation into the financial impacts of your injuries. While performing this investigation, they will also be able to advise you on how to interact with the adjuster, how to best submit documentation and statements, and more, to ensure that you are taking every necessary step to maximize your compensation.
Negotiating a Settlement
Once the investigation is completed, the adjuster will return with a settlement offer for your claim. If you accept this offer, you will also need to waive your rights to any future legal actions, regardless of any new information, medical problems, or financial issues that were to arise. Additionally, you may notice that the amount that they offer is significantly less than what your attorney had calculated. This is because an insurance company’s main focus is to limit settlement amounts in order to protect their financial interests.
Your attorney will use this initial offer as the beginning of a series of negotiations that are intended to reach a settlement agreement that makes financial sense for you while avoiding a trial. If your attorney is able to reach an agreement with the insurance company, then you will be able to avoid filing a lawsuit and going through the New York courts to get the money you need. A significant number of personal injury cases are settled (some estimates are as high as a 95% settlement rate), although there is no guarantee of this for your own situation.
Contact Us Now
The sooner you contact the Law Offices of Kirsten E. Bennett, the more time we will have to investigate your situation before determining the most appropriate course of action. From the moment you are able to focus on things other than your immediate medical concerns, an attorney can help you build a case that will give you the leverage you need in order to get the money that you are rightfully entitled to after your injuries.