A drunk driving accident inflicts sudden devastation. You face serious injuries and overwhelming medical bills. If a drunk driver in White Plains harmed you or a loved one, you have legal rights to pursue compensation.
The Law Offices of Jason B. Kessler provides compassionate and effective legal representation to victims of impaired drivers. We guide you through the legal process, working to secure the financial recovery you need.
Our team focuses on holding negligent drivers accountable. Our experienced White Plains drunk driving accident lawyer is here to guide you through every step of the legal process, ensuring you are heard and justice is served.
The Alarming Reality of Drunk Driving in White Plains
Drunk driving remains a persistent and tragic problem, causing preventable injuries and deaths across the nation, including here in White Plains and Westchester County. The statistics are sobering.
According to the National Highway Traffic Safety Administration (NHTSA), drunk driving crashes claim thousands of lives each year in the United States. Even with increased awareness and stricter laws, impaired driving continues to be a leading cause of severe and fatal accidents.
Victims of drunk driving often suffer catastrophic injuries that require extensive, long-term medical care, profoundly impacting their quality of life.
When a drunk driver gets behind the wheel, they make a conscious, reckless decision that endangers everyone on the road. This disregard for safety is not only morally reprehensible but also legally actionable. The Law Offices of Jason B. Kessler believes those who cause harm through such negligence must be held fully accountable.
Why Choose the Law Offices of Jason B. Kessler?
Jason B. Kessler has extensive experience representing accident victims in White Plains and throughout New York. He possesses a deep understanding of personal injury law, particularly in cases involving impaired drivers, and boasts a proven track record of success. We maintain a focus on representing accident victims. This specialized approach means we're always up-to-date on the latest legal developments and strategies relevant to your case.
We offer aggressive advocacy in our pursuit of justice for our clients. We will tirelessly investigate your accident, gather crucial evidence, and aggressively negotiate with insurance companies and opposing counsel.
Our client-centered approach ensures your well-being is our top priority. We provide personalized attention, keeping you informed at every stage of your case. We're always available to answer your questions, address your concerns, and offer the support you need during this challenging time. You'll never feel like just another case number with us.
Our team conducts a thorough investigation, leaving no stone unturned. We work with medical experts and other specialists as needed to build a strong case on your behalf. We understand that financial stress can be immense after an accident, which is why we operate on a no-upfront fees basis. We work on a contingency fee, meaning you pay nothing unless we win your case. This allows you to focus on your recovery without worrying about legal costs.
Understanding Your Rights After a Drunk Driving Accident
If you've been hit by a drunk driver, you have the right to pursue compensation for a wide range of damages. This is not just about recovering your financial losses; it's about holding the responsible party accountable and helping you rebuild your life.
Types of Compensation You May Be Entitled To:
- You may recover medical expenses, which includes all past, present, and future medical costs related to your injuries. This includes emergency room visits, hospital stays, surgeries, doctor's appointments, physical therapy, rehabilitation, prescription medications, and medical devices.
- If your injuries prevent you from working, you can seek compensation for lost wages, including current lost income, bonuses, and commissions. This also extends to future lost earning capacity if your injuries permanently affect your ability to work.
- Pain and suffering is a non-economic damage that compensates you for the physical pain and emotional distress caused by the accident and your injuries. This can include chronic pain, discomfort, anxiety, depression, fear, and loss of enjoyment of life.
- Drunk driving accidents can also leave lasting psychological scars, and you may be compensated for emotional distress, including conditions like PTSD, anxiety, depression, and other mental health challenges stemming from the trauma.
- If your injuries have impacted your relationship with your spouse, they may be entitled to loss of consortium for loss of companionship, affection, and intimacy.
- You can also seek compensation for property damage, covering the cost of repairing or replacing your damaged vehicle and any other personal property destroyed in the accident.
- In drunk driving cases, where the defendant's conduct was particularly egregious and reckless, the court may award punitive damages. Unlike other damages, punitive damages punish the drunk driver and deter similar behavior.
The value of your claim will depend on the severity of your injuries, the impact on your life, and the specifics of the accident. Skilled White Plains drunk driving accident lawyer Jason B. Kessler can accurately assess your damages and fight for the full compensation you deserve.
The Legal Process
While every case is unique, the general legal process after a drunk driving accident typically involves several key stages. Our team will handle each step, allowing you to focus on your recovery.
1. Initial Consultation and Case Evaluation:
Your journey begins with a free, no-obligation consultation. We'll listen to your story, review the details of your accident, and provide an honest assessment of your legal options. This is your opportunity to ask questions and understand how we can help.
2. Investigation and Evidence Gathering:
Once you retain us, we launch a comprehensive investigation. This includes obtaining the police report and any accident reconstruction reports, gathering evidence of the drunk driver's impairment, interviewing witnesses, and collecting photographic and video evidence from the scene. We will also obtain your medical records and bills to document your injuries and treatment, and work with experts, if necessary, such as medical professionals, economists, or accident reconstructionists, to strengthen your case.
3. Identifying Responsible Parties:
While the drunk driver is the primary responsible party, other entities may also be held liable under certain circumstances. This could include bars or restaurants. In New York, under certain conditions, establishments that over-served alcohol to an intoxicated person who then caused an accident can be held liable. If the drunk driver was operating someone else's vehicle, the vehicle owner might also bear some responsibility. Furthermore, if the drunk driver was on the job at the time of the accident, their employer could potentially be held liable. Our team will thoroughly investigate all potential sources of liability to aid your recovery.
4. Negotiating with Insurance Companies:
Once we have a clear understanding of your damages and the extent of the at-fault party's liability, we will prepare and submit a demand package to the insurance company. We will then engage in aggressive negotiations to secure a fair settlement that fully compensates you for your losses. Be wary of insurance companies that may try to settle quickly for a low amount; their primary goal is to minimize their payout, not to protect your best interests.
5. Filing a Lawsuit (If Necessary):
If the insurance company refuses to offer a fair settlement, we will not hesitate to file a lawsuit on your behalf. This initiates the litigation process, which can involve discovery, and often, mediation or arbitration where parties attempt to resolve the dispute through alternative methods before trial.
If a settlement is not reached, your case will proceed to trial, where a judge or jury will hear the evidence and render a verdict. Throughout this process, we will be your steadfast advocate, protecting your rights and fighting tirelessly for the compensation you deserve.
Important Steps to Take After a Drunk Driving Accident
The actions you take immediately following a drunk driving accident can significantly impact your health and the success of your claim.
1. Prioritize Your Safety and Call 911:
Prioritize your safety and call 911. Move to a safe location if possible and call emergency services immediately. Even if injuries seem minor, it's crucial to have police and paramedics respond. Crucially, report any suspicion of drunk driving to the police; this is vital for their investigation and for your case.
2. Do Not Confront the Drunk Driver:
Do not confront the drunk driver. The at-fault driver may be erratic or aggressive, so do not engage in arguments or accusations. Limit your interaction to exchanging necessary information such as name, insurance, and contact details.
3. Seek Medical Attention Immediately:
Seek medical attention immediately. Even if you feel fine, see a doctor as soon as possible. Some injuries, like whiplash or internal injuries, may not manifest symptoms for hours or days.
Prompt medical attention creates a crucial record connecting your injuries to the accident. Follow all doctor's orders and attend all follow-up appointments.
4. Gather Information at the Scene:
Gather information at the scene if you are able to. Get contact and insurance information from all drivers involved. Take photos and videos of the accident scene, vehicle damage, skid marks, road conditions, traffic signals, and any visible injuries.
Note the names and contact information of any witnesses. Observe the other driver, noting any signs of impairment, and share these observations with the police.
5. Do Not Discuss Your Case with Insurance Companies:
Do not discuss your case with insurance companies. Do not give a recorded statement to the other driver's insurance company without consulting with an attorney first. Insurance adjusters may try to get you to admit fault or minimize your injuries, so direct all communication through your attorney.
6. Contact a White Plains Drunk Driving Accident Lawyer:
Finally, contact a lawyer. The sooner you retain legal counsel, the better. An experienced attorney can begin investigating your case, preserving crucial evidence, and protecting your rights from the outset. Also, avoid posting about your accident on social media, as anything you say or post could be used against you.
FAQs
How Long Do I Have To File A Drunk Driving Accident Lawsuit In New York?
In New York, the statute of limitations for personal injury claims, including those arising from drunk driving accidents, is generally three years from the date of the accident. However, exceptions may apply. For example, if the case involves a municipality, the notice of claim period decreases. Consult an attorney as soon as possible so you don't miss any critical deadlines.
What If The Drunk Driver Was Uninsured Or Underinsured?
This is a common concern. If the drunk driver has no insurance or insufficient coverage, you may still be able to recover compensation through your own uninsured/underinsured motorist (UM/UIM) coverage. Our team can help you understand your policy and navigate this process. We will explore all avenues to help you.
Can I Still Recover Compensation If I Was Partially At Fault For The Accident?
New York follows a pure comparative negligence rule. This means that if you are found to be partially at fault for the accident, your compensation will be reduced by your percentage of fault. For example, if you are awarded $100,000 but found to be 20% at fault, you would receive $80,000. It's crucial to have a skilled attorney who can minimize any claims of your comparative negligence.
How Much Does It Cost To Hire Your Firm?
We work on a contingency fee basis. This means you don't pay any upfront legal fees, and we only get paid if we successfully recover compensation for you. Our fee is a percentage of the final settlement or award. This arrangement ensures that everyone has access to quality legal representation, regardless of their financial situation.
How Long Will My Case Take?
The timeline for a drunk driving accident case can vary significantly depending on the complexity of the case, the severity of your injuries, the willingness of the insurance company to negotiate, and whether the case goes to trial. We will keep you informed about the progress of your case every step of the way.
What is the difference between the drunk driver’s criminal case and my civil claim?
The government prosecutes the drunk driver in criminal court to punish them with penalties like fines, license suspension, or jail time. Your civil claim is a separate lawsuit you file to recover financial compensation for your medical bills, lost wages, and other damages.
The outcome of the criminal case does not prevent you from pursuing a civil claim, and we can proceed with your case regardless of the criminal proceedings.
If the drunk driver faces criminal charges, do I still need my own lawyer?
Yes. The District Attorney represents the state's interests in the criminal case, not your financial interests. To recover compensation for your injuries and losses, you need a personal injury lawyer to represent you in a civil action against the at-fault driver and their insurance company.
What if my own insurance company offers a quick settlement?
Use caution when dealing with any insurance company, even your own. Initial settlement offers are often low and may not account for the full, long-term cost of your injuries, especially future medical care or lost earning potential.
Review any settlement offer with an attorney before accepting it to ensure it fairly covers all your damages.
How does New York’s No-Fault insurance law affect my drunk driving accident case?
New York’s no-fault system provides initial coverage for medical expenses and lost wages from your own insurance policy, regardless of who caused the accident. However, if your injuries are serious, as they often are in drunk driving crashes, you can step outside the no-fault system and file a lawsuit against the drunk driver for damages like pain and suffering, which no-fault does not cover. We can help you navigate this process.
Contact a Compassionate Drunk Driving Accident Lawyer Today
A drunk driving accident can have profound and lasting effects on your life. While no amount of money can truly undo the harm you've suffered, securing fair compensation can provide the resources you need for medical care, lost income, and to help you move forward with your life.
The Law Offices of Jason B. Kessler is committed to holding drunk drivers accountable for their negligent actions and fighting tirelessly for the rights of victims. We serve clients throughout White Plains, Westchester County, and the surrounding areas.
Don't face the complex legal system and aggressive insurance companies alone. Let our experienced White Plains personal injury lawyer team champion your case.
Contact us today on (914) 220-1088 for a free, no-obligation consultation. We are available to answer your questions and help you understand your legal options.
Law Offices of Jason B. Kessler
55 Church St Suite 201, White Plains, NY 10601,