White Plains Personal Injury Lawyer

Types of Injury Cases We Handle in White Plains

The Legal Process

Initial Consultation

Investigation and Documentation

Once you have decided to move forward with Kent Hazzard & Freeman, our team will immediately begin the process of investigating your case and gathering the necessary documentation to support your claim.

The investigation phase is crucial in building a strong foundation for your personal injury case. Our experienced investigators will thoroughly examine the circumstances surrounding your accident or injury, leaving no stone unturned. This may involve:

• Visiting the accident scene to document any relevant conditions or evidence
• Obtaining and reviewing police reports, incident reports, and other official records
• Interviewing eyewitnesses and gathering their written statements
• Consulting with accident reconstruction specialists or other expert witnesses
• Collecting and analyzing any photographic or video evidence related to the incident

In addition to gathering evidence about the accident itself, we will also work diligently to document the full extent of your injuries and the resulting damages. This includes:

• Obtaining and reviewing your complete medical records, including doctor’s notes, diagnostic test results, and billing statements
• Consulting with your healthcare providers to better understand the nature and severity of your injuries, as well as your prognosis for recovery
• Documenting any lost wages or income you have suffered due to your inability to work, as well as any anticipated future lost earnings

By conducting a thorough investigation and meticulously documenting your case, we ensure that we have a strong, well-supported claim to present to the insurance company or the court, should your case proceed to litigation.

Seeking prompt and comprehensive medical treatment is essential to both your physical recovery and the strength of your personal injury claim. Our team at Kent Hazzard & Freeman strongly advises you to seek medical attention as soon as possible after your accident, even if your injuries do not initially appear to be severe.

The medical records generated during your treatment will serve as critical evidence in your case. These records will document the nature and extent of your injuries, the treatment you have received, and the ongoing impact of your injuries on your health and daily life. Without a clear paper trail of your medical care, it can be challenging to prove the full extent of your damage and secure the compensation you deserve.

As you undergo treatment, it is important that you keep detailed records of all your medical expenses, including:

• Bills from healthcare providers, such as doctors, hospitals, physical therapists, and other specialists
• Receipts for any prescription medications, medical equipment, or other out-of-pocket medical costs
• Documentation of any transportation expenses related to your medical care, such as mileage or rideshare costs

Maintaining meticulous records of your medical expenses will ensure that we can accurately quantify the financial impact of your injuries and incorporate these costs into your demand for compensation.

Once we have thoroughly investigated your case, gathered all relevant evidence, and documented your injuries and expenses, our team at Kent Hazzard & Freeman will prepare a detailed demand letter to send to the insurance company representing the at-fault party.

The demand letter is a comprehensive document that outlines the key facts of your case, establishes liability, and presents a detailed calculation of the compensation you are seeking. In this letter, we will:

• Provide a summary of the accident or incident that led to your injuries, including the date, time, location, and a description of how it occurred
• Clearly identify the party or parties whose negligence or wrongful actions caused the accident and your resulting injuries
• Describe the nature and extent of your injuries, as well as the medical treatment you have received and the ongoing impact on your health and daily life
• Quantify your economic damages, such as medical expenses, lost wages, and any anticipated future losses
• Demand a specific monetary amount to compensate you for your pain, suffering, and other non-economic damages

Once the letter of demand has been sent, our skilled negotiators will engage in discussions with the insurance company to try to reach a fair and reasonable settlement. We will present a strong, well-documented case and negotiate firmly on your behalf, always keeping your best interests at the forefront.

If the insurance company is unwilling to offer a settlement that fully compensates you for your injuries and losses, we are prepared to take your case to the next level and file a lawsuit. Throughout the negotiation process and any subsequent litigation, you can count on Kent Hazzard & Freeman to be your steadfast advocates, fighting tirelessly to secure the maximum compensation you are entitled to under the law.

Key Takeaways

• Our personal injury team will thoroughly investigate your case, gather evidence, and work to establish all the necessary elements to pursue maximum compensation for your injuries.
• We have the resources, experience, and negotiation skills to handle insurance companies and fight for the compensation you deserve, even if that means going to trial.

The statute of limitations is a critical component of personal injury law in New York, as it sets the timeframe within which you must file a lawsuit to seek compensation for your injuries. Here is a detailed overview of the statute of limitations for various types of personal injury cases in New York.

For most personal injury cases in New York, the statute of limitations is three years from the date of the incident or the date the injury was discovered. This applies to a wide range of cases, including:

• Car Accidents: If you were involved in a car accident, you have three years from the date of the collision to file a personal injury lawsuit.
• Slip and Fall Accidents: For slip and fall accidents, the three-year statute of limitations begins on the date of the accident.
• Product Liability: If you were injured by a defective or dangerous product, you also have three years from the date of the incident to file a lawsuit.
• Other Negligence Cases: This three-year statute of limitations applies to most other negligence cases, such as construction accidents, pedestrian accidents, and bicycle accidents.

While the general statute of limitations provides a clear timeframe, there are several exceptions that can extend or modify this period.

The discovery rule is one of the main exceptions to the statute of limitations. If the injury was not immediately apparent, the statute of limitations begins to run from the date the injury was discovered or reasonably should have been discovered. For example, if you developed carpal tunnel syndrome years after working with vibrating tools, the statute of limitations would start from the date of diagnosis, not from the date you began using the tools.

If the injured party is a minor, the statute of limitations does not start running until they reach the age of 18, except in cases of medical malpractice where the statute of limitations cannot be extended more than 10 years from the date of the act causing the injury. This means that minors have three years from their 18th birthday to file a lawsuit.

If the injured party is mentally incapacitated or legally deemed incompetent at the time of the injury, the statute of limitations may be tolled (paused) until they regain capacity. This ensures that individuals who are unable to file a lawsuit due to their mental state are not unfairly barred from seeking compensation.

If the defendant is absent from the state, the period of their absence will not be counted against the statute of limitations. This means that the time the defendant is out of state does not reduce the overall timeframe you have to file your lawsuit.

Missing the statute of limitations can have severe consequences for your case. If you file a personal injury lawsuit after the statute of limitations has expired, it is likely to be dismissed by the court. This not only eliminates your right to seek legal compensation in court but also significantly weakens your bargaining power in out-of-court settlement negotiations, as the defendant will know that you cannot take them to court.

Key Takeaways

• In New York, you generally have three years to file a personal injury lawsuit, but some cases, like medical malpractice or claims against the city, have shorter deadlines.
• Missing these deadlines can mean losing your chance of getting compensation, so it’s crucial to contact an attorney as soon as possible after an accident.

Understanding the statute of limitations is crucial in personal injury cases. Here is a detailed breakdown of the typical deadlines:

• Personal Injury and Product Liability Cases: Three years from the date of the incident.
• Medical Malpractice Cases: Two and a half years from the date of the incident.
• Wrongful Death Cases: Two years from the date of death.
• Cases Against Municipalities: One year and 90 days from the date of the incident, with a Notice of Claim required within 90 days.

If you miss the filing deadline, the court will likely dismiss your case, and you will forever lose the right to recover the compensation you deserve. Therefore, it is essential to contact an attorney as soon as possible after an accident to ensure compliance with New York’s statutes of limitations.

Suffering injuries due to someone else’s negligence may leave you feeling vulnerable and overwhelmed, dealing with physical injuries, medical expenses, and emotional suffering. With an experienced personal injury team from Kent Hazzard & Freeman on your side, you aren’t alone.

Our firm has over 85 years of experience handling all types of personal injury cases. We are motivated by helping people and making a difference for our clients during the most difficult times. Here’s what sets us apart:

• Client-Centered Representation: We limit the number of cases we take on to provide exceptional service to every client. With client-centered representation and open lines of communication, we treat every case as the most important thing in our office.
• No Upfront Costs: We work on a contingency fee basis, charging no upfront costs or fees. We don’t get paid unless and until we successfully resolve your case.
• Aggressive Representation: Insurance companies are not on your side, and they will do everything in their power to minimize the compensation they owe you. Our team is aggressive in negotiations and isn’t afraid to take your case to trial if necessary.
• 24/7 Availability: We provide 24/7 availability so you can discuss the details of your case whenever you need to. We also work with your schedule, including after-hours, weekends, home, and hospital visits.
• Finding the Right Doctor: If you don’t know where to go, we can help you find the right doctor and provide the resources you need to get the right care.
• Thorough Investigation: We begin by thoroughly investigating the circumstances surrounding your accident or injury. This includes gathering evidence such as police reports, medical records, and witness statements.
• Negotiation and Litigation: Once we have a full understanding of your injuries and damages, we aggressively negotiate with the insurance companies to seek maximum compensation. If a fair settlement isn’t possible, we are fully prepared to take your case to trial.

Key Takeaways

• At Kent Hazzard & Freeman, we treat our clients like family and are committed to protecting their rights and holding responsible parties accountable.
• Our track record of success speaks for itself, with millions of dollars in compensation secured for our clients in a wide range of personal injury cases.

Many people assume that personal injury cases are straightforward, but the reality is that these cases can be highly complex. Here is a detailed overview of the personal injury lawsuit process:

If you cannot reach a settlement through negotiation or mediation, the next step would be to formally file a lawsuit. This process begins with drafting and filing a complaint or petition with the appropriate court. This document will:

• Outline your claims against the defendant
• Detail the relevant facts
• Specify the damage you are seeking

Once the lawsuit is filed, it must be properly served on the defendant, often by a process server or law enforcement officer. This provides them with official notice of the lawsuit. The defendant then has a specific amount of time to respond to your complaint, typically by filing an answer.

A preliminary conference is a crucial step in New York personal injury claims. At this stage, the parties agree to a timeline to exchange information, and the judge signs an order to the agreed-upon timetable. This conference helps in setting the stage for the discovery phase and ensures that both parties are on the same page regarding the exchange of information and evidence.

The discovery phase involves exchanging information, evidence, and documents between the parties. This includes depositions (Examination Before Trial), physical examinations, and the exchange of documents and records. The goal of discovery is to gather all relevant information that will help in building a strong case.

Depositions involve an oral examination by the opposing party’s attorneys. Although depositions are typically taken outside a court setting, the parties will still be placed under oath, and a court reporter will transcribe the interview. You must attend the deposition, or the court may dismiss your case.

In some cases, the defendant might request that you submit to a physical examination by a doctor of their choosing. If you do not attend the scheduled examination, the court may dismiss your case and require you to pay for the missed exam.

The parties may engage in settlement negotiations to attempt to settle the case before the need for trial arises. Although settlement negotiations can occur anytime during the lawsuit, this usually happens after discovery. If the case settles, it resolves, and there is no need for trial. If the parties cannot come to a compromise, the case will proceed to trial.

In a trial, a jury or judge examines the evidence to decide whether the defendant should be held legally responsible for the injuries suffered by the plaintiff. Here is what you can expect during a personal injury trial:

Jury selection is the first thing that occurs after a case is called for trial. The parties’ attorneys will engage in jury selection, picking six jurors and two alternates. This process is critical in ensuring a fair and impartial jury.

A full personal injury trial consists of the following phases:

• Opening Statements: Each side will present an opening statement to outline their case and what they intend to prove during the trial.
• Witness Testimony and Cross-Examination: The plaintiff will present their case by calling witnesses, including experts, to testify. The defendant will also have the opportunity to cross-examine these witnesses.
• Closing Arguments: After all evidence has been presented, each side will present closing arguments to summarize their case and persuade the jury.
• Jury Instructions: The judge will give instructions to the jury on the law and how to apply it to the facts of the case.
• Jury Deliberation and Verdict: The jury will then deliberate and reach a verdict. If the defendant is found liable, the case may proceed to a second phase where damages are determined.

Personal injury law can apply to any injury that one person or entity causes another person, so long as that injury was caused by intentional, negligent, or reckless behavior. Here are some common causes of personal injury:

Auto accidents are one of the most common types of personal injury cases. These can involve car accidents, truck accidents, motorcycle accidents, and pedestrian accidents. To prove negligence in an auto accident case, you must establish that the defendant breached their duty of care and that this breach directly caused your injuries.

Slip and trip accidents can occur due to unsafe conditions on property, such as liquids, snow, and ice, or other hazardous conditions. These cases are often classified under premises liability and require proving that the property owner knew or should have known about the unsafe condition.

Premises liability cases involve injuries occurring on someone else’s property due to defective or unsafe conditions. This can include swimming pool accidents, elevator and escalator accidents, inadequate security, and toxic fumes or chemicals. You must prove that the owner knew or should have known about the unsafe condition and failed to address it.

Construction site accidents are inherently hazardous and can result in severe injuries. These cases often involve negligence, violations of New York Labor Law 240 and 241, and other safety regulations. Our team can help you navigate these complex cases and hold the parties responsible.

Medical malpractice cases involve injuries caused by healthcare providers’ negligence or recklessness. To prove medical malpractice, you must establish that the healthcare provider breached their duty of care and that this breach directly caused your injuries. The statute of limitations for medical malpractice cases in New York is typically two and a half years from the date of the incident.

Product liability cases involve injuries caused by defective or dangerous products. To prove product liability, you must show that the product was defective, that the defect existed when the product left the manufacturer’s control, and that the defect caused your injuries. There are three main types of product defects: design defects, manufacturing defects, and failure to warn defects.

Wrongful death cases involve situations where a person dies due to the negligence, recklessness, or intentional act of another individual or entity. Surviving family members or beneficiaries may have the right to file a suit to seek wrongful death compensation for their losses. The statute of limitations for wrongful death cases in New York is typically two years from the date of death.

Assault and battery cases involve intentional acts of harm. Assault is the intentional act of placing another person in reasonable apprehension of imminent harmful or offensive contact, while battery is the intentional and harmful or offensive touching of another person without their consent.

Key Takeaways

• Personal injury cases can arise from various causes, including auto accidents, slip and fall accidents, premises liability, construction site accidents, medical malpractice, product liability, and intentional acts like assault and battery.
• Each type of case requires specific elements to be proven to establish liability and seek compensation.

Before choosing a law office to handle your case:

• Initial Consultations: Consider getting initial consultations with a few different lawyers to find the best fit for your case.
• Experience and Success Rate: Find out about their experience, success rate, and whether they’re equipped to handle your type of case.
• Client-Centered Approach: Ensure that the lawyer makes you feel heard and ensures that you are kept updated throughout the lawsuit process.

Suffering injuries due to someone else’s negligence may leave you feeling vulnerable and overwhelmed, dealing with physical injuries, medical expenses, and emotional suffering. With an experienced personal injury team from Kent Hazzard & Freeman on your side, you aren’t alone.

From the minute you contact us until your case is resolved, we are committed to protecting your rights and holding responsible parties accountable. We treat our clients like family, not numbers.

Contact our White Plains personal injury team today for a free consultation and case review by calling (914) 948-4700 or filling out our online form. We are here to help you navigate the complex process of seeking compensation for your injuries and ensure that you receive the full and fair compensation you deserve.