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Yonkers Personal Injury Lawyer
If you were injured in a car accident, slip and fall, medical malpractice incident or another personal injury incident caused by someone else’s negligence, you need capable legal support.
The Yonkers personal injury lawyer at Fiedler Deutsch, LLP are here to help with every aspect of your claim. Contact us today for a free, no-obligation case review.
Why Choose Fiedler Deutsch, LLP for Your Yonkers Personal Injury Lawyer?
Many clients have chosen Fiedler Deutsch, LLP because of our:
Contingency fee structure: At our firm, we work on what’s called a “contingency-fee basis”. What this means is that we only charge you money if we end up winning your case, meaning that you don’t have to pay anything out of your pocket to hire us. So, if we don’t win, you don’t pay.
Personalized Attention: Our partners personally handle each and every case. You will never feel that you are not important. You are represented by a lawyer with extensive knowledge and experience in the world of personal injury law.
Extensive Experience: Our firm has over 50 years of combined legal experience, specifically in personal injury that we leverage on your case.
Respect From the Legal Community: Our attorneys, Adam Deutsch and Duane Fiedler have consistently been listed in notable legal organizations, including New York’s Super Lawyers, Best Lawyers of America, and Best Law Firms in America by S. News and World Report.
Client Reviews & Satisfaction: Our former clients have left us beaming reviews due to their high degree of satisfaction with our results and communication. Check out our testimonials below and our Google Reviews for proof.
Results and Verdicts: We have successfully recovered over $250 million for our clients, obtaining multi-million dollar verdicts from everything ranging from medical malpractice to personal injury. So you can trust us to get the compensation that you deserve.
If you were injured in an accident and would like to learn more about how our firm can help, call us at (914) 993-0393 or contact us online.
Meet Attorney Adam Deutsch
At our law firm, lead attorney Adam Deutsch is dedicated to your personal injury case in Yonkers. He has years of experience obtaining multi-million dollar verdicts in the state of New York.
Adam has two of the largest medical malpractice verdicts in Westchester County of the last few years including $9.2 million and $4 million.
Adam dedicates his time to a variety of cases, taking on everything from medical malpractice to car accidents. So when you’re looking for a qualified attorney, trust Adam to take on your case.
Meet Attorney Duane Fiedler
Attorney Duane M. Fiedler has a thirty-year record of achievement successfully representing plaintiffs in personal injury cases.
This is accomplished through a high level of selectivity of cases accepted combined with the use of highly qualified and nationally recognized experts, and a relentless work ethic.
Mr. Fiedler has distinguished himself as someone who brings a sense of urgency to every case he litigates. With the time and close personal attention efficiently devoted to each client matter, cases are resolved expeditiously and favorably.
Testimonials
Here’s what our proud clients have to say. (Google Reviews)
I would highly recommend Fiedler Deutsch to represent you. Duane and Adam fought for my family and won. They are professional, sincere, and very tough. If you are heartbroken, need answers, and want justice for you and your family Fiedler Deutsch are the lawyers for you.
Duane and Adam were outstanding to their commitment to my case. They thoroughly researched and reviewed all records getting expert advice when needed. They gave amazing support during a difficult deposition and we’re always there to answer my questions. Their approach and methods are extraordinary and I highly recommend their services.
Duane Fiedler is recognized as one of the most qualified, experienced, well-credentialed medical malpractice attorneys in New York State.
Table of Contents
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Personal Injury Claims We Handle
Recoverable Damages In A Personal Injury Case
What To Do If You Have Been Injured
How Hiring a Personal Injury Lawyer Can Benefit Your Case
Hiring a personal injury lawyer for your claim can be instrumental in maximizing your chances of a successful outcome. Here’s why:
Legal Knowledge
Personal injury law is complex and can vary widely based on the type of case you are pursuing. An experienced attorney understands the intricacies of the legal system, and can help you navigate through paperwork, statutes of limitations, and legal procedures.
Case Assessment
A personal injury lawyer can evaluate the merits of your case objectively. They can determine liability, assess the extent of your damages, and provide an estimate of the compensation you may be entitled to, ensuring you don’t settle for less than you deserve.
Resources and Connections
Lawyers have access to a network of experts, investigators, and professionals who can strengthen your case.
Negotiation Skills
Dealing with insurance companies can be overwhelming and it is easy to be taken advantage of. Lawyers are skilled negotiators who can communicate effectively with insurers to secure a fair settlement. They have the experience to counter tactics used to devalue your claim and advocate for your best interests.
Trial Experience
If a settlement cannot be reached and your case goes to trial, a personal injury lawyer is equipped to present a compelling case in court. Their courtroom experience is crucial for navigating the legal process and arguing your case effectively.
Objective Advice
Emotions can run high after an injury, making it challenging to make rational decisions. A personal injury lawyer provides objective advice, helping you make informed choices that are in your best interest.
Focus on Recovery
Letting a lawyer handle the legal aspects of your case allows you to focus on your recovery. This is particularly crucial during a time when your energy should be directed towards healing.
Contingency Fee Arrangement
Many personal injury lawyers, including Fiedler Deutsch, LLP, work on a contingency fee basis, meaning they only get paid if you win your case. This arrangement allows individuals with limited financial resources to access skilled legal representation without upfront costs.
New York’s Personal Injury Laws
New York personal injury laws provide individuals with legal remedies if they have been harmed due to the negligence or intentional actions of others. As a result, the following laws may apply to your case:
Comparative Negligence
New York follows a pure comparative negligence rule in personal injury cases. This means that even if you are partially at fault for an accident, you can still recover damages. However, the amount of compensation you receive will be reduced by your percentage of fault.
“Damages recoverable when contributory negligence or assumption of risk is established. In any action to recover damages for personal injury, injury to property, or wrongful death, the culpable conduct attributable to the claimant or to the decedent, including contributory negligence or assumption of risk, shall not bar recovery, but the amount of damages otherwise recoverable shall be diminished in the proportion which the culpable conduct attributable to the claimant or decedent bears to the culpable conduct which caused the damages.”
For example, if a court determines that you were 20% at fault for an accident and your total damages amount to $100,000, you would be entitled to receive $80,000 (after a 20% reduction).
No-Fault Car Insurance
New York operates under a no-fault insurance system for car accidents. This means that, in the event of a motor vehicle accident, each party’s insurance covers their medical expenses and other economic losses, regardless of fault.
“The company will pay first-party benefits to reimburse for basic economic loss sustained by an eligible injured person on account of personal injuries caused by an accident arising out of the use or operation of a motor vehicle or a motorcycle during the policy period…”
There are exceptions to this rule, and legal action may be pursued in certain circumstances, for instance if your injuries meet the state’s “serious injury” threshold.
Caps on Damages
Fortunately, New York does not have statutory caps on economic damages (such as medical expenses and lost wages) or non-economic damages (such as pain and suffering) in personal injury cases. This allows victims the opportunity to pursue unlimited compensation.
Dram Shop Laws
New York’s dram shop laws, outlined in Section 11-101 of the New York General Obligations Law, prohibit businesses from serving alcohol to visibly intoxicated individuals.
“Compensation for injury caused by the illegal sale of intoxicating liquor. 1. Any person who shall be injured in person, property, means of support, or otherwise by any intoxicated person, or by reason of the intoxication of any person, whether resulting in his death or not, shall have a right of action against any person who shall, by unlawful selling to or unlawfully assisting in procuring liquor for such intoxicated person, have caused or contributed to such intoxication; and in any such action such person shall have a right to recover actual and exemplary damages.”
Determining visible intoxication is primarily at the discretion of the establishment or serving employee, and indicators may include slurred speech, bloodshot eyes, and impaired physical coordination.
Notably, New York restricts dram shop claims to third parties injured by patrons who were served alcohol rather than patrons themselves. For instance, if a bar serves an individual who later drives and causes harm to another person in a car accident, the injured party may pursue legal action against the bar under New York’s dram shop laws.
Dog Bite Liability
New York uses a variation of a “one-bite rule,” negligence, and strict liability for dog bites. This means that a dog owner may be held liable for injuries caused by their dog if the owner was aware or should have been aware of the dog’s dangerous propensities.
NY Agric. & Mkts. Law § 108(24)
“Dangerous dog” means any dog which (i) without justification attacks a person, companion animal…,farm animal…,or domestic animal…and causes physical injury or death, or (ii) behaves in a manner which a reasonable person would believe poses a serious and unjustified imminent threat of serious physical injury or death to one or more persons, companion animals, farm animals or domestic animals or (iii) without justification attacks a service dog, guide dog or hearing dog and causes physical injury or death.”
If a judge decides that a dog is dangerous, the owner will be responsible for the medical expenses of people or animals injured by their pet. In addition, the victim can sue the owner for further compensation to cover additional losses.
Types of Personal Injury Claims Our Yonkers Lawyers Handle
Our Yonkers personal injury lawyers take on various types of personal injury cases, including:
1. Motor Vehicle Accidents
Our lawyers competently handle all types of motor vehicle accidents including car accidents, truck accidents, motorcycle accidents, and bus accidents. Most car accidents are caused by the negligence of other drivers, such as:
- Distracted driving
- Speeding
- Failing to yield
- Following too closely
- Impaired driving
- Drowsy driving
- Running stop lights or stop signs
2. Premises Liability Claims
New York property owners must maintain their properties in a safe condition that does not pose a danger to visitors.
When someone slips and falls or is otherwise injured on the property, they may be entitled to compensation for the harm they have suffered. Examples of premises liability claims include:
- Elevator and escalator accidents
- Slips and falls
- Falling object accidents
- Building fires
- Injuries caused by poor building maintenance
In some situations, people are injured by third parties due to negligent security.
To recover compensation in a premises liability claim, the victim must show that the property owner knew about or should have known about the dangerous condition, failed to take appropriate action to remedy the problem, and the victim was injured as a result.
3. Construction Accidents
Construction sites are common in New York. However, never-ending construction and tight deadlines mean that construction accidents are also common. Our lawyers help construction site accident victims who have been injured in:
- Construction site ladder accidents
- Crane accidents
- Elevator injuries
- Forklift injuries
- Jobsite amputations
- Scaffolding accidents
Our team can investigate what factors contributed to the accident, such as lack of protective equipment or lack of safety training, and help hold them accountable.
4. Medical Malpractice
You entrust doctors and other healthcare providers with your health and life. When a doctor fails to follow accepted standards of care and you are injured as a result, you have a right to pursue compensation for the damages you have suffered.
Common examples of medical malpractice include:
- Failure to diagnose a condition
- Delay in diagnosis
- Misdiagnosis
- Medication mistakes
- Anesthesia errors
- Surgical mistakes
- Birth injuries
Medical malpractice cases are quite complex. Many rely on having a medical expert explain the applicable medical standard, how the healthcare provider deviated from that standard, and how the patient was harmed. Our team has a network of experts we can call on to help establish your claim.
5. Nursing Home Abuse/Bedsores
When you trust your loved one to the care of a nursing home, the last thing you expect is for them to be mistreated. Unfortunately, nursing home abuse is far too common due to nursing homes failing to properly vet employees, maintain adequate staff numbers, and monitor their patients. Staffing issues can also lead to neglect, including allowing bedsores to develop on patients, a sign that patients have not been properly turned or moved.
6. Catastrophic Injuries
Our firm works closely with personal injury victims who have suffered serious injuries, such as:
- Birth injuries
- Burn injuries
- Spinal cord injuries
- Traumatic brain injuries
7. Wrongful Death
In the most serious personal injury cases, there is nothing that can be done to make things right because the victim has died.
In these situations, the law allows a person’s loved ones to file a civil claim to seek compensation for the economic and non-economic losses they have suffered due to the death.
While no amount of money can ever make the situation right, a wrongful death claim may help ease some of the financial burden.
What Damages Can Be Recovered In a Personal Injury Case?
Victims who suffer a severe injury caused by another’s negligence are entitled to damages.
Damages is a legal term that describes the different types of compensation that can be recovered in a settlement or award. There are two types of damages most commonly recovered: economic and non-economic.
Economic Damages
Compensation for actual financial losses, such as:
- Medical Bills: Emergency visits, hospital stays, physical therapy, outpatient procedures, prescription medications, in-home medical care, rehabilitation costs, etc.
- Anticipated future medical expenses.
- Property repair or replacement.
- Current and future lost wages from missed work while you recover.
- Diminished earning capacity if you can no longer earn income at the same level as before the accident.
To recover economic damages, you must provide physical documentation of the expenses.
Non-Economic Damages
Compensation awarded for subjective losses rather than specific financial losses, for instance:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Loss of opportunity
- Loss of consortium
- Physical impairment (e.g., disability, loss of a limb)
- Disfigurement
- Unjust hardship
These losses are much more challenging to prove since they are not associated with an actual financial loss.
Punitive Damages
Punitive damages are available in some personal injury accident cases, but are rarely awarded. Instead, this type of compensation is typically reserved for cases that involve a defendant (at-fault party) who acted with an extreme reckless disregard for the safety of others.
Punitive damages are then awarded with the intention to punish the defendant and deter others from committing similar harmful acts.
How Long Do I Have to File a Personal Injury Claim in Yonkers?
All states impose a statute of limitations on personal injury cases, New York included. That statute of limitations sets a deadline on the amount of time a victim has to pursue a claim.
There are some exceptions, but you generally have three years from the date of the injury to file a lawsuit under CPLR 214(4). However, the amount of time you have will depend on the type of personal injury case you are pursuing. For example:
- Personal Injury Claims (e.g., car accidents, slip and falls, etc.): 3 years
- Product Liability (defective or dangerous products): 3 years
- Unintentional Infliction of Emotional Distress: 3 years
- Intentional Infliction of Emotional Distress: 1 year
- Medical Malpractice: 2 and a half years
- Personal Injury Claims Against the Government in New York: 90 Days
These deadlines are critical because failing to bring a lawsuit within this time will likely result in the court dismissing your case and you being barred from recovering compensation.
Exceptions To The Statute of Limitations
There are limited exceptions to these laws, but generally, the courts will not extend the statute of limitations.
For example, when the injury victim is a minor, the three-year time limit is typically “tolled” or delayed until they turn 18. The “discovery rule” also often applies in medical malpractice claims. If the victim was unaware of their injury or illness, the statute of limitations will begin to run once they discover or should have known about the injury or illness.
What Should I Do If I Am Injured?
If you were injured in an accident in Yonkers, there are steps that you should take to protect your health and your claim, including:
Report the accident to authorities: For example, if you were injured in a car accident, you can call 911. If you slipped and fell on the property, report this to the property owner or manager.
Get necessary information: This may include the other drivers or property owner’s name, contact information, and insurance information.
Document the scene: Most accident scenes will quickly be cleaned up, so you might want to try to take pictures of the conditions that might have contributed to the accident and your injuries.
Talk to witnesses: Ask any witnesses who saw the accident for their contact information, so your lawyer can call them later for a statement.
Seek medical attention: Receive medical attention as soon as possible to get your injuries diagnosed and create a paper trail that connects the accident and your injuries.
Talk to a personal injury lawyer: A Yonkers personal injury lawyer from Fiedler Deutsch, LLP can explain if you have cause for a personal injury claim and give you a better idea about the potential compensation you might be entitled to.
Contact a Yonkers Personal Injury Lawyer Today
If you were hurt in an accident, the Yonkers personal injury lawyers with Fiedler Deutsch, LLP want to help you recover the compensation you are due. Contact us today for a free case review or call us at (914)-993-0393.
Frequently Asked Questions
Can I Still Pursue A Personal Injury Lawsuit If I Was Partially At Fault For An Accident?
Yes, you can still pursue a personal injury lawsuit in New York even if you were partially at fault. New York follows a comparative negligence system, meaning your compensation may be reduced based on your percentage of fault. As long as you are not entirely at fault, you may still recover damages.
How Long Does It Take To Resolve A Personal Injury Case?
The time to resolve a personal injury case varies widely. Some cases settle relatively quickly through negotiations, while others may go to trial, extending the process. On average, personal injury cases in New York can take several months to a few years to reach a resolution.
What If The Person Who Hit or Injured Me Is Uninsured?
If the person responsible for your injury is uninsured, you still have options. You will likely have to tap into your own insurance policy and see if it offers uninsured or underinsured motorist coverage. If so, it is worth purchasing if you find yourself injured from an uninsured party.
Should I Hire Lawyer If I Have No Immediate Injuries?
Yes. It’s advisable to consult with a personal injury lawyer even if there are no immediate injuries. Your injuries may not be apparent immediately after the accident, which is why it’s so important to seek immediate medical attention. Moreover, an attorney can help give you the right tips and advice if you don’t have any immediate injuries.
Do I Need to Speak To An Insurance Adjuster After An Accident?
No. Contact a Yonkers personal injury attorney before speaking with an insurance adjuster, since these same people will seek information that could be used against you in a court of law. These adjusters will try to call you and ask questions, so they can take everything you say to them out of context to pay you as little as possible.