A car accident on a road like the Hutchinson River Parkway doesn’t just damage your vehicle; it disrupts the rhythm of your life. Suddenly, you face a storm of confusing paperwork, mounting bills, and questions about your future.
A White Plains car accident lawyer provides the calm, confident guidance you need to navigate the chaos and get your life back on track.
You have the power to seek justice and restore your stability. The Law Offices of Jason B. Kessler is here to manage the legal fight so you can focus on your recovery. Call our firm today at (914) 220-1088 for a free consultation.
Table of Contents
- Why Choose the Law Offices of Jason B. Kessler To Champion Your Case
- Navigating the No-Fault Maze for You
- Maximizing Your Financial Recovery
- Common Negligent Behaviors That Cause White Plains Car Accidents
- How New York State Laws Shape Your Case
- FAQ for White Plains Car Accidents
- Find Your Path Forward Today
Why Choose the Law Offices of Jason B. Kessler To Champion Your Case
After a crash leaves you feeling vulnerable, your choice of an attorney can define your recovery. The Law Offices of Jason B. Kessler delivers sophisticated, powerful representation for individuals injured in car accidents throughout White Plains and Westchester County.
Our deep local roots and unwavering commitment to our clients provide a clear advantage.
We Know Westchester County’s Legal System
We frequently handle cases in the Westchester County Courthouse and understand its local procedures. We know the defense firms that insurance companies often hire. This familiarity helps us navigate the legal process efficiently from day one.
Whether you were rear-ended on Tarrytown Road, in a fender-bender in the City Center parking garage, or involved in a more serious collision on Central Park Avenue, we can help your claim.
Our Detailed, Relentless Investigation
A successful outcome starts with a rock-solid investigation. While you focus on healing, a dedicated auto accident attorney from our firm gets to work building your case. We go far beyond the initial police report to uncover the evidence that proves what happened and who was at fault.
Our process involves gathering witness statements, obtaining traffic and surveillance camera footage, and analyzing vehicle damage. We build strong cases that often compel insurance companies to offer a fair settlement rather than face us in court.
Fighting for Your Financial Stability
Our primary objective is to secure a financial recovery that provides for your family’s future and gives you peace of mind. We understand the immense financial pressure you’re under, with medical bills from White Plains Hospital arriving while you’re unable to work.
Our firm is committed to lifting that burden. A White Plains car accident lawyer from our team meticulously documents every aspect of your damages, from future medical needs to lost earning potential.
We relentlessly pursue a settlement or verdict that truly reflects the totality of your losses. To start your journey toward recovery, contact the Law Offices of Jason B. Kessler at (914) 220-1088.
Navigating the No-Fault Maze for You
New York’s no-fault insurance system often confuses people after a car accident. Many worry this system prevents them from holding a responsible driver accountable. While you must first file for benefits through your own auto insurance, the no-fault system does not prevent you from pursuing a claim against the driver who caused your injuries.
The Law Offices of Jason B. Kessler manages this process for you. We handle the details of your initial benefits claim while we build your personal injury case.
How We Handle Your Initial Benefits
The no-fault system helps you pay your immediate medical bills and recover a portion of your lost wages, regardless of who caused the crash. The moment you hire us, our team goes to work.
Here’s how we help:
- Filing Your Claim: We complete and file the complex no-fault application on your behalf, meeting the strict 30-day deadline.
- Managing Communication: We become the point of contact for the insurance companies, handling all the phone calls, paperwork, and requests for information.
- Coordinating Benefits: We ensure your medical providers bill the correct insurance company so you don't receive collection notices.
This allows you to get treatment from your doctors without worrying about how the bills will be paid. While you heal, we start laying the groundwork for the next phase of your case.
Moving Beyond No-Fault to Full Compensation
The no-fault system provides only a limited set of benefits. It doesn’t offer any payment for your physical pain or emotional suffering. To recover those damages, your auto accident attorney must file a separate personal injury lawsuit against the at-fault driver.
To file this lawsuit, we must prove you suffered a serious injury. We meet this legal standard by gathering extensive medical evidence, reports from your doctors, and expert testimony. This is the key that unlocks your right to pursue the full and fair compensation a serious injury warrants.
Maximizing Your Financial Recovery
The goal of your lawsuit is to obtain a financial award that compensates you for every single loss you have suffered. Our White Plains car accident lawyers know how to build a claim demonstrating the crash's impact on your life. We work tirelessly to maximize your recovery in every possible category.
Our approach is comprehensive. We account for the immediate, obvious costs and the long-term, hidden damages that will affect you for years.
Documenting Your Economic Losses
Economic damages are the measurable financial costs linked directly to the accident. We meticulously gather receipts, bills, and employment records to prove these losses.
These include:
- Medical Expenses: We pursue recovery for 100% of your medical bills not covered by no-fault benefits, including co-pays, deductibles, and costs for future treatment.
- Lost Wages and Income: We recover your full lost income, including salary, bonuses, and overtime, as well as compensation for any lost earning ability if you have a permanent disability.
- Other Out-of-Pocket Costs: This includes everything from the cost of prescriptions to travel expenses for your medical appointments.
Proving Your Non-Economic Damages
Non-economic damages compensate you for the profound personal impact of the injury. There are no receipts for pain or suffering, so your lawyer must skillfully tell the story of how your life has changed.
A White Plains car crash attorney from our team fights for damages for your:
- Physical Pain and Suffering: This is compensation for the actual pain of the injury, both now and what you’ll experience in the future.
- Emotional Anguish: We seek recovery for the trauma, anxiety, depression, and PTSD that often follow a serious collision.
- Loss of Life’s Enjoyment: This compensates you for your inability to participate in the hobbies, family activities, and routines that brought you joy before the crash.
Common Negligent Behaviors That Cause White Plains Car Accidents
Most car crashes are the direct result of a driver's careless or reckless choices. Part of our job is to pinpoint the exact act of negligence that caused your harm. Your White Plains car accident lawyer knows to look for common contributing factors on local roads.
The driving behaviors that lead to collisions on the Bronx River Parkway or in the parking lot of The Westchester Mall are often the same. Our firm investigates to find proof of these actions and uses it to hold the at-fault driver accountable.
Some of the most common forms of driver negligence include:
- Distracted Driving: Texting, eating, adjusting the radio, and talking to passengers all take a driver's attention off the road.
- Aggressive Driving and Speeding: This includes tailgating, unsafe lane changes, and traveling too fast for conditions, which is especially dangerous on winding parkways.
- Impaired Driving: A driver impaired by alcohol or drugs has slower reflexes and poor judgment, making them a significant threat to everyone on the road.
How New York State Laws Shape Your Case
A few key New York laws guide the journey of a car accident claim. These rules set the deadline for taking legal action and determine how courts handle situations where both drivers might share some fault.
The Deadline for Taking Action
New York State provides a specific amount of time to file a personal injury lawsuit, called the statute of limitations. For most car accident claims, you have three years from the date of the collision to file your case.
If you fail to act within this three-year window, the courts will almost certainly dismiss your case, and you’ll lose your right to pursue compensation forever.
It's also important to know that this timeline can be much shorter, so contact a White Plains car accident lawyer immediately to protect your rights.
The Comparative Negligence Standard
The other driver's insurance company may argue that you were partly to blame for the crash to reduce what they have to pay. New York law, however, allows you to seek compensation even if you’re found partially at fault.
Under pure comparative negligence, a court or jury will assign a percentage of fault to each driver. Your percentage of fault simply reduces your final financial award.
Our job is to build a case with strong evidence that minimizes your percentage of fault.
FAQ for White Plains Car Accidents
If I Had a Pre-Existing Condition, Can a White Plains Car Accident Lawyer Still Help Me?
A pre-existing condition doesn’t hurt your claim. Insurance companies frequently try to blame your pain on a previous injury. Under New York law, however, the at-fault driver is responsible for any aggravation or worsening of a pre-existing condition that their negligence caused.
Your attorney’s job is to use medical records and expert testimony to demonstrate the new level of harm the car accident caused you.
Do I Use My Own Health Insurance for Medical Bills?
No-fault insurance is the primary payer for medical treatment after a car accident in New York, up to the policy limit (usually $50,000). Your personal health insurance acts as a secondary payer and may cover costs after your no-fault benefits are exhausted.
Our firm manages this entire process, coordinating between the different insurance carriers to prevent your medical bills from going to collections and to handle any potential liens your health insurer might place on your settlement.
The Other Driver's Insurance Adjuster Wants Me To Give a Recorded Statement. What Should I Do?
Politely decline their request and don’t speak with them until you have contacted a White Plains car crash attorney. Insurance adjusters are trained to ask questions designed to get you to say something that can be used to damage your claim later.
Once you hire our firm, we’ll handle all the communication with the insurance companies, so you never have to worry about this risk.
How Much Is My White Plains Car Accident Claim Worth?
The value of every case is unique and depends on many factors, including the severity of your injuries, the total cost of your medical bills and lost wages, and the strength of the evidence proving the other driver’s fault. An online calculator cannot provide an accurate estimate. The only way to understand the potential value of your claim is to have a detailed consultation with an experienced White Plains car accident lawyer.
The Police Report Says I Was at Fault. Do I Still Have a Case?
Yes, you still may have a strong case even if the police report says you caused the crash. The police report is just one piece of evidence, and the officer’s conclusion about fault isn’t legally binding in a civil lawsuit.
Officers often make quick judgments at a chaotic scene. Our firm will conduct our own independent investigation to uncover the actual cause of the crash, and we can often prove that the initial police report was incorrect.
What Happens if the At-Fault Driver Has No Insurance or Flees the Scene?
If an uninsured or hit-and-run driver injures you, we can help you file a claim for compensation through your own policy’s Uninsured/Underinsured Motorist (UM/SUM) coverage. New York law requires insurers to offer this coverage, which steps into the shoes of the at-fault driver's missing insurance to pay for your damages, including pain and suffering.
Do I Have to Go to Court to Receive Compensation?
Most car accident cases resolve through a negotiated settlement without ever going to trial. We prepare every case as if it will go to court, which puts us in a strong negotiating position with the insurance company. While we always prepare for a trial, our goal remains to achieve a favorable settlement for you.
What Are the 4 Things I Should Do After a Car Accident?
- First, seek medical attention for your injuries, even if you feel fine. Some serious injuries show delayed symptoms.
- Second, report the accident to the police.
- Third, gather contact and insurance information from the other driver and get contact details from any witnesses.
- Finally, contact our office before you speak to any insurance adjusters.
Find Your Path Forward Today
With a strong, experienced legal team, you can face the future confidently. Let us handle the legal battle. You deserve to focus on what matters most: your health, family, and life. It’s time to trade confusion for clarity.
Take the first step toward getting your life back on track. Call the Law Offices of Jason B. Kessler at (914) 220-1088 for a free, no-obligation case evaluation today.