Why Do I Need a Personal Injury Lawyer?
Why do you need a personal injury lawyer? Perhaps you are one of the estimated 6,781 workers in Westchester County that have been injured on the job at some point and are unable to continue working. These types of accidents happen all across New York State, you can read more about the statistics here.
Or maybe you have been in a car accident that was not your fault and left you with piles of medical bills. In White Plains alone, there were six vehicles involved in fatal car accidents in 2011 and even a pedestrian. While statistics show that fatal accidents are not all too common in White Plains, they do happen and can tear lives apart. If you have been injured in any way from any kind of accident and wish to seek compensation, a personal injury lawyer can help you.
“Personal injury” is a legal term that is used to describe many situations in which an individual may suffer from physical or emotional harm due to the actions of another individual or corporation. Lever & Ecker, PLLC works diligently to represent individuals and their families who have suffered and experienced unfortunate situations where the careless acts of another have caused them significant physical or emotional harm. As personal injury lawyers, it is our job to determine who may be responsible for your injuries and prove that they are liable under applicable laws.
Our Duty is to Represent You and Obtain Justice
The duty of a personal injury lawyer is to prove that the fault in a personal injury case was of the defendant (usually an individual or a corporation). Our goal is to work with you on your case and seek justice on your behalf. We will work to hold the party that caused your injuries responsible in court. The law states that we are responsible for proving the following points in court in order to gain compensation:
- Duty – The defendant (the person who allegedly caused the harm/accident) had a duty to act or not act in a certain manner
- Breach of Duty – In most personal injury cases, the plaintiff must prove that the defendant breached their duty, meaning that they acted inappropriately
- Damages – We must show that you incurred damages in the form of a serious injury
- Causation – Lastly, the plaintiff must establish that the defendant’s actions were the cause of their injuries
These four elements are necessary to successfully bring forward a personal injury lawsuit.
Accident Cases We Handle
At Lever & Ecker, PLLC, we have many years of combined experience in litigating all types of personal injury cases. If you have been injured in an accident in New York due to the negligence of another party, contact us right away so we can help ensure that your legal rights are protected.
We handle the following types of cases in New York:
Car accidents account for entirely too many injuries and deaths each year across New York and the rest of the United States. No matter if they are minor or severe, car accidents can leave their victims with terrible pain and lifelong disabilities. The good news for these people is that they can seek compensation with the help of one of our personal injury lawyers. We will take your car accident case personally, and ensure that you are treated fairly. If you have been involved in a car accident and want to find out more about how we can help you, don’t hesitate to contact us today. Your initial consultation with us is free.
A truck accident case in New York can be quite complicated. Truck companies and their drivers have extensive insurance policies that require careful navigation by an experienced truck accident lawyer. There are also many parties that could be held liable in a truck accident case that require identification by a lawyer. We are versed in how to navigate a truck accident case, and can help those who are suffering from one recover their losses. If you have been injured in a truck accident and are looking for help, contact us today.
Motorcyclists are the most at-risk motorists on the road. No matter how safe people try and make them, they stand little chance in the event of a crash with a larger vehicle. A motorcycle accident that occurs and high speeds will often show no mercy to the rider. Unfortunately, many motorcycle accidents are not due to the fault of their rider, but rather the fault of another vehicle on the road. If you are a motorcyclist and have been injured because of another driver’s mistake, contact us. We believe you should be treated fairly just like any other motorist. We will take your case personally, and fight on your behalf to get you the compensation you deserve.
Owners of property in New York have a legal obligation to make sure it is safe and, in turn, adequately warn people when there are unsafe conditions present. When ice, cracked pavement, and other hazards cause injuries to a person, compensation could be available through the help of one of our public liability lawyers in White Plains. Slip and fall accidents often happen without warning, and the consequences they bring are often too much to bear. Let us take on the burden of speaking to opposing insurance companies and handling your case while you concentrate on healing. Contact us for a free case evaluation today.
Construction work is dangerous, particularly in New York. Although state and federal laws require a safe construction site, people are seriously injured in construction accidents in New York every day. We believe that New York workers deserve the same rights as any other accident victim. At Lever & Ecker, PLLC, we will stand up for construction worker rights and ensure that they are treated fairly.
After suffering injuries in a workplace accident, many people return to work as if nothing happened to them. Many workers feel like they can’t mention or complain about their injuries because they fear taking time away from work will aggravate their bosses. This is not right, and this is what workers compensation is for. Workers compensation payments allow employees to spend time recovering at home without losing pay. Many companies, however, are reluctant to pay these benefits in many cases. That is where the experienced lawyers at Lever & Ecker, PLLC, come in. We can help you obtain the worker’s compensation benefits that you deserve.
Residents of New York set their loved ones up in nursing homes with the expectation that someone will be at their side and taking care of them at all times. Unfortunately, this is not always the case. Every so often, elderly people across New York are victims of neglect and abuse by their caretakers. If your loved one has died or experienced serious injuries due to nursing home negligence, the lawyer at Lever & Ecker, PLLC can help. We can help pursue compensation on behalf of your loved one and work to ensure that justice is brought to the negligent party.
When you are sick or injured, you should feel comfortable putting your health and well-being in the hands of an experienced doctor or practitioner who will take proper care of you. A lot of the time, the wonderful doctors of New York will take care of you. There are instances, however, that mistakes are made, and people are injured due to negligence by a medical professional. If you or a loved one has experienced a medical mistake that has led to injuries or other complications, contact the personal injury lawyers at Lever & Ecker, PLLC, so we can help you pursue compensation.
New appliances and products hit the market throughout New York every year. These products make our life easier, healthier, and in some cases, smarter and more informed. Despite their many qualities, some of these products can malfunction or be poorly manufactured. In many cases, these dangerous products live in our medicine cabinets, on store shelves, and in our vehicles for months before we know their potential for harm. If you are harmed by a defective product, know that you have a personal advocate in the lawyers at Lever & Ecker, PLLC. We will take your personal injury case very personally. Our lawyers have the confidence necessary to stand up to big insurance companies while working to ensure you obtain the compensation you deserve.
Compensation For Personal Injury Claims
Often, the victims of personal injury cases are fighting for monetary compensation (damages) for their injuries and suffering. The jury will decide in civil court if the “at fault party” (the defendant) is responsible for paying these damages. In many instances, we can defer investigators and experts to help prove the case against the defendant and to assist in your making your case as strong as possible. Our team of experienced lawyers evaluates different ways to present your case, and then we decide which way will maximize the compensation you can receive from the defendant under the facts and the law. Many personal injury cases include damages such as:
Compensatory Damages in a Personal Injury Case
A majority of the damages that are included in a personal injury case are listed as “compensatory.” This means that they are intended to compensate for what the plaintiff lost due to the accident or injury. These damages are meant to make the plaintiff “whole” again in the monetary sense.
Putting a dollar amount on the damages from the accident can be complicated. Some damages are easy to monetize, such as reimbursement for medical bills or property damages, but other damages can be extremely difficult to quantify. Assigning a monetary value to pain and suffering and loss of quality of life due to injuries related to the accident can be very difficult. We’ve broken down the different types of compensatory damages for you below:
The damages included in a personal injury case award almost always cover the cost of the plaintiff’s medical care associated with the accident. This will serve as both a reimbursement for the treatment you already have received due to the accident and to cover the cost of future medical care.
Part of the compensation you receive may be to compensate for the incident’s impact on your wages and earnings. This could cover the income you lost due to the accident but also income you will not be able to make in the future. In specific legal terms, the victim’s “loss of earning capacity” dictates the damage based award.
If there were items damaged in the accident, automobiles, personal objects, etc., you would most likely be entitled to reimbursement for the required repairs, or if the item were damaged beyond repair, you would probably receive compensation at market value to replace the item.
Pain and Suffering
We are now moving into the damages that are more difficult to quantify. Compensation for pain and suffering is meant to try to amend for any pain you suffered from during and after the accident.
Damages listed for emotional distress are intended to compensate you for any psychological distress caused by the accident such as fear, anxiety, loss of sleep, and depression. In some states, emotional distress damages fall under the pain and suffering category.
Loss of Enjoyment
In cases where the injuries you sustained from the accident prevent you from participating in recreational activities, exercise, and hobbies you enjoyed before the accident, you may receive damages to compensate for this.
Loss of Consortium
These damages are meant to compensate for the impact the accident and the plaintiff’s injuries had on your relationship with your spouse. It can mean either a loss of companionship, the loss of a sexual relationship, or a combination of these factors. These damages can also be awarded because of the impact of the accident on the relationship between a parent and their child. These damages can be awarded directly to the family member who is suffering as opposed to the plaintiff.
In some cases, you may receive an award for punitive damage in addition to any compensation you may have received. These punitive damages are awarded in cases where the conduct of the defendant was found to be excessively careless and more egregious than usual. Although these damages are awarded to the plaintiff, instead of being awarded with the intention to make the plaintiff ‘whole’ again, they are awarded with the intention to punish the defendant and act as a deterrent. Many states have set a maximum limit for punitive damages since it is not unusual for these awards to exceed the ten million dollar mark.
Common Injuries That Lead To Personal Injury Cases
There are seemingly countless injuries caused by the negligence of another person that could lead to someone filing a personal injury claim. Below, we will take a look at some of the most common injuries people sustain in personal injury cases.
Traumatic Brain Injuries
Brain injuries are some of the most common injuries we see in personal injury cases. Brain injuries are a common result of car, truck, and motorcycle accidents, as well as slip and fall accidents in New York. A brain injury can have a significant effect on a person’s life in the long- and short-term. Symptoms of a brain injury can impair a person’s cognitive ability, physical abilities, emotions, and often cause a person to be left unconscious.
Neck injuries are also very common in the personal injury claims that we come across. Whiplash is a common issue that victims of motor vehicle accidents experience. Whiplash is caused by a sharp, sudden movement in the neck when a crash occurs. Victims of whiplash are often involved in rear-end accidents and are often subject to extensive pain and rehab to recover from their injuries.
Back and Spinal Cord Injuries
Accidents can cause a number of injuries to your back tissue, bones, and spinal cord. These injuries can be debilitating and very painful for their victims and often require extensive rehabilitation and treatment. Because the spinal structure is so essential to everyday function, those who acquire these types of injuries should seek legal counsel immediately if they are caused by the negligence of another party.
Burn injuries occur in all types of motor vehicle accidents, electrocution accidents, and can vary in severity. Burns can be relatively mild (first degree), or they can be very severe (third degree) depending on the circumstances of your accident. Nevertheless, if your burn was caused by the negligence of another party, you should contact us as soon as you can to discuss your legal options.
Broken or Fractured Bones
According to the American Academy of Orthopedic Surgeons (AAOS), there are around 6 million cases of broken or fractured bones each year in the United States. While some of these fractures and breaks merely need a cast and time to heal, other more serious compound fractures and shattered bones may require extensive surgeries, rehabilitation, and recovery time.
Damage to Internal Organs
Accidents can leave their victims with various types of damage to their internal organs including:
- Punctured organs from broken bones
- Ruptured spleen
- Internal bleeding
- Brain swelling
- Blunt trauma to kidneys
Westchester County and Manhattan Personal Injury Lawyers That Put You First
The personal injury lawyers at Lever & Ecker, PLLC, work on what is called a “contingency fee” basis. This means that a legal fee is only charged to our clients if we gain compensation for them. This allows our clients to retain their financial security, especially if they have already been burdened by medical expenses or other costs from their accident.
If you have been involved in an accident of any kind, contact our office and speak to an attorney today. We are available for free consultations and case evaluations to discuss your case. Through our work on personal injury cases, we have developed an excellent network of working relationships with lawyers all throughout New York State and throughout the country. If we cannot take your case, we will happily refer you to a lawyer whom we trust and have worked with. We regularly serve clients from the following locations:
- White Plains
- Port Chester
- Mount Vernon
- Greater New York
Take Action and Contact Our Personal Injury Lawyers Today
Time is very sensitive in personal injury cases. There are many reasons people do not contact personal injury lawyers directly after an accident, but time is of the essence. All personal injury cases are governed by a time constraint for filing a lawsuit. This is known as the Statute of Limitations. This can be different for various types of accident cases. For you to recover damages from your accident case, you must be file within the time parameters or you will be barred from recouping monetary damages from the responsible party. Contrary to popular belief, insurance companies do not have any responsibility to notify you of this time parameter. In New York, If the defendant is a municipality or government entity, the notice requirements are more strict as compared to a case against a corporation or individual. Contact us immediately after an accident to preserve your rights and ensure that the Statute of Limitations does not run out on your case.
Accidents and Injuries in the Local News
February 24, 2017- 52-Year-Old White Plains Resident Killed In Motorcycle Crash
In Westchester County, NY. State police are investigating a fatal motorcycle accident that resulted in the death of a 52-year-old White Plains resident. According to police reports, the man was riding his motorcycle on I-287 in White Plains when he lost control of the vehicle which led to a fatal crash. He was taken to White Plains Hospital where he was pronounced dead. New York State Police Collision Reconstruction Unit reconstructed the accident as they were investigating it.
December 14, 2016- White Plains Tractor-Trailer Driver Involved In Chain Reaction Accident
A sixty-five-year-old White Plains tractor-trailer driver slammed into vehicles on Route 222. The tractor-trailer hit vehicles that were either stopped or slowing for the traffic light at North Krocks in Lower Macungie Township. Six vehicles were involved in this accident and it left some of them seriously mangled. An 81-year-old woman who was a back-seat passenger in a car that was hit from behind died in the crash.
November 2, 2016- White Plains Driver Fatally Injures Elderly Couple In Alcohol-Related Accident
A 43-year-old woman from White Plains, NY has been charged with a first-degree vehicle manslaughter charge, based on alcohol use. The woman crashed head-on into an elderly married couple from Tarrytown on Route 100A in the Hartsdale section of Greenburgh. Greenburgh EMS transported the three injured parties to the Westchester County Medical Center, where the couple, later on, died from their injuries. The woman was admitted to hospital with injuries sustained in the crash. Her bail was set at $100,000 and a felony hearing is scheduled on November 15 in Greenburgh Town Court.
October 1, 2016- Woman Gets 25 Year Prison Sentence For Driving Over Love Rival
A woman from Mount Vernon was recently convicted of manslaughter for running over a love rival with her car. She was sentenced to 25 years in prison after she was found guilty of leaving the scene of an accident which results in death. Westchester authorities reported that the woman struck her love rival launching her onto the hood then drove nearly 30 yards with her on the hood. The victim then fell onto the road and was run over. The driver was arrested a few days later after she fled the scene. However, according to the woman’s lawyer, she stated she was sorry but denied that it was her fault.
September 7, 2016- Teen Driver Killed In Hit-And-Run Highway Accident
In Yonkers, police charged a 19-year-old man for leaving the scene of a fatal motor vehicle accident. The 19-year-old was arrested for a hit-and-run accident that killed an 18-year-old driver who was waiting inside his broken-down vehicle on the side of the Saw Mill Parkway in Yonkers. The hit-and-run accident happened when the victim’s car that was stopped between the right lane and the shoulder of the highway, was rear-ended by an Acura TSX. He was taken to Jacobi Medical Center in critical condition and was later pronounced dead. According to police, there may have been as many as three vehicles and nine people who were involved in this accident as they were likely street racing.
August 30, 2016- Road Work Accident Kills Construction Worker
On Friday, August 26, 2016, a construction worker in Darien who was driving a pavement roller onto a flatbed truck, was killed when he lost control and the rig fell off the truck. The 40-year-old man was quickly taken to a local hospital in the early hours of Friday morning but was pronounced dead on arrival. Investigations are currently underway as to what caused the accident to take place.
July 24, 2016- Valhalla Woman Arrested After Car Crash In Port Chester
According to police, a 23-year-old woman from Valhalla was arrested after she lost control of her car and crashed into the center median on I-287. Her accident was a one-vehicle accident that took place late in the evening between exits 11 and 12 in Port Chester. The woman was found to be intoxicated and was taken to the Tarrytown barracks for processing and her blood alcohol content was found to be 0.18 percent.
June 24, 2016- Truck Driver Arrested For Striking Woman On A Bicycle
A scenic artist was recently struck by a truck driver while she was going to work on her bicycle in Brooklyn. The fuel truck was in front of her as she attempted to make a left turn and was hit by the truck and landed on a rear wheel. She was taken to a hospital for head trauma and later passed away. The truck driver was arrested at the scene of the accident for failure to yield to a pedestrian and failure to exercise due care.
May 25, 2016- Man From White Plains Charged For Fatal Hit-And-Run Accident
Almost a year after a hit-and-run accident that killed a pedestrian occurred, Greenburgh police finally made an arrest. The person arrested was a 51-year-old man from White Plains and he was charged with leaving the scene of an accident which resulted in a death, a class D felony. The arrest came about from investigative leads that were developed by town detectives in order to locate the 2015 Honda Pilot the accused was allegedly driving when he struck the pedestrian.
April 27, 2016- Study Finds Pedestrian Fatalities Are Found In All Parts Of Westchester County
A pedestrian accident tristate study discovered that fatalities took place in all parts of Westchester County. A three-year survey of federal statistics that was recently released found that Route 9A was the most dangerous route due to three of Westchester’s pedestrian accidents that occurred on various stretches of Route 9A. It was also found that of the 25 pedestrian deaths that occurred in Westchester, seven were from different parts of the city of Yonkers.
March 31, 2016- Pedestrian Struck And Killed On Bronx River Parkway
In White Plains, a pedestrian was struck and killed by a car late Saturday night on March 19, 2016, outside Westchester County Center. The victim was identified as a 65-year-old man from Bay Ridge, Brooklyn. According to authorities, the man was struck in the northbound lanes of the Bronx River Parkway. The 65-year-old died from his injuries at the Westchester Medical Center in Valhalla.
February 17, 2016- Port Chester Truck Accident Leaves One Injured
A truck burst into flames in Port Chester leaving one person injured. The truck exploded on I-95. According to police, a truck and an SUV crashed and the force of the crash caused the truck to burst into flames. The person injured is recovering from burns to his hands. Some lanes on I-95 were closed for quite some time due to this accident. Police are investigating this accident.
January 20, 2016- White Plains, NY Former Nurse Pleads Guilty To Daughter’s Accidental Death
A former nurse and mom pleaded guilty to charges that she was the cause of her 6-year-old daughter’s death. The girl’s death was from a drug overdose last Easter Sunday. The mom, Kathleen Dymes, pleaded guilty to criminally negligent homicide, misdemeanor child endangerment, and being in possession of a controlled substance. She will be sentenced on April 12, 2016, and faces a maximum of four years in prison.