Personal Injury Lawyers in Peekskill, NY

How We Make Your Personal Injury Case Successful

When you choose our law firm, we implement a thorough strategy to build your case:

Detailed Investigation

We gather comprehensive evidence from the accident scene and review your medical records to understand the full impact of your injuries and document all damages.

Strong Case Development

We analyze all available evidence to determine who is responsible for your accident and injuries. This includes calculating the full extent of your financial needs, considering both current and future medical expenses, as well as accounting for any lost wages due to your injuries.

Skilled Negotiation

We present compelling evidence to support your claim, advocating for your interests and fighting for fair settlement offers. Should negotiations fail to reach a satisfactory outcome, we are fully prepared to take your case to trial and pursue your rights in court.

How We Prove Negligence in a Personal Injury Lawsuit

Successfully recovering compensation after a personal injury accident requires proving the other party's negligence. At Tomkiel & Tomkiel, we understand the complexities of personal injury law in New York and have a proven approach for establishing negligence. We meticulously build your case by demonstrating the following four elements:

• Duty of care: We establish that the at-fault party owed you a legal duty of care. This means they had a responsibility to act reasonably and avoid causing harm.
• Breach of duty: We prove that the at-fault party failed to uphold their duty of care. We gather evidence showing their actions (or inaction) fell below the standard of reasonable care expected under the circumstances.
• Causation: We demonstrate a direct link between the at-fault party's negligence and your injuries. We show that your injuries would not have occurred "but for" their negligence.
• Damages: We document the extent of your losses resulting from the accident. This includes medical expenses, lost wages, pain and suffering, and other related damages.

By proving these four elements, we build a strong foundation for your personal injury claim and greatly increase your chances of securing a fair settlement.

Personal Injury Damages You Can Recover in Peekskill

The types of damages you may be able to recover include:

Economic Damages

These are your quantifiable, out-of-pocket expenses. Examples include:

• Past, present, and future medical expenses (doctor visits, hospital stays, surgery, medication, physical therapy)
• Past, present, and future lost wages (due to inability to work)
• Property damage (to your vehicle or other belongings)
• Rehabilitation costs (physical therapy, occupational therapy)
• Costs of assistive devices (wheelchairs, crutches, etc.)

Non-Economic Damages

These compensate for intangible losses that significantly impact your life, even though they don't have a direct financial cost. Examples include:

• Pain and suffering (physical and emotional)
• Emotional distress (anxiety, depression)
• Loss of enjoyment of life (inability to participate in activities you once enjoyed)
• Loss of consortium (impact on your relationship with your spouse)

Punitive Damages

In limited cases involving egregious negligence or recklessness, punitive damages may be awarded. These damages aren't intended to compensate you for your losses but rather to punish the at-fault party and deter similar behavior.

Statute of Limitations for a Personal Injury Lawsuit in Peekskill

New York State law sets specific time limits for filing personal injury lawsuits. You generally have three years from your injury date to file a personal injury lawsuit, but exceptions exist. Acting promptly helps preserve evidence and protect your right to compensation. Contact our Peekskill personal injury lawyers for a free consultation to discuss your case and understand your legal options.

How Long Does It Take to Win Personal Injury Cases?

While we understand you want a swift resolution, the duration of a personal injury case in Peekskill is not something that can be accurately predicted. The timeline depends heavily on factors outside of our direct control, such as the insurance company's response and court scheduling.

At Tomkiel & Tomkiel, we work diligently and strategically to move your case forward as efficiently as possible. We'll keep you informed every step of the way, working to achieve the most favorable outcome in a reasonable timeframe. Our experience navigating the NYC legal system is an invaluable asset in achieving that goal.