Personal Injury Lawyers in Yonkers, NY

Your Roadmap to Success in a Yonkers Personal Injury Claim

Navigating a personal injury claim in Yonkers can be perplexing. Luckily, Tomkiel & Tomkiel is here to help. Here's our roadmap for maximizing your compensation following an accident:

Initial Consultation

Your journey starts with a free consultation. We'll discuss the specifics of your accident, the nature and extent of your injuries, and your legal options.

Thorough Investigation

If you choose to work with us, we'll meticulously investigate your accident. This may involve obtaining police reports, medical records, witness statements, and any other relevant evidence.

Building Your Case

Next, we’ll go to work analyzing the evidence. Doing so will allow us to establish liability and accurately calculate the full extent of your damages (medical expenses, lost income, pain and suffering, etc.).

Demanding Compensation

We'll handle all necessary communications with the insurance companies, aggressively negotiating for a settlement that truly reflects your losses.

Litigation (If Necessary)

If the insurance company doesn't offer you a fair settlement, we're prepared to take your case to court. Our trial experience gives you the best chance of winning the compensation you deserve.

Throughout your case, we'll keep you informed every step of the way, clearly explaining your options and formulating strong strategies. We focus on the legal battle so you can focus on healing.

Securing Your Compensation: The Importance of Proving Negligence

Proving negligence is the cornerstone of a successful personal injury case. We understand the legal complexities of these claims and have a proven process for demonstrating fault after an accident. Here's how we build a strong negligence case.

• Investigating the Available Evidence: Our attorneys will thoroughly examine police reports, gather witness statements, obtain medical records, and consult with experts like accident reconstruction specialists. Our goal is to uncover all evidence that supports your claim.
• Interpreting the Law: We’ll apply our deep understanding of personal injury law to the specific circumstances of your case. Doing so helps us pinpoint exactly how the at-fault party breached their duty of care.
• Establishing Causation: We’ll connect your injuries directly to the at-fault party’s negligent actions. This can involve demonstrating that your injuries wouldn't have occurred if not for the breach of duty.
• Documenting Injuries and Losses: To ensure that you receive the financial support you need, we’ll carefully compile and calculate the full extent of your losses. These may include medical expenses, lost wages, future medical costs, pain and suffering, and any other ways your injuries have impacted your life.

Contact us today for a free consultation and let us put our experience and strategic approach to work for you.

Maximizing Your Recovery: Understanding Personal Injury Damages

When another person's negligence causes you harm, you deserve more than just having your immediate medical bills covered. We’ll work to secure the full compensation you're entitled to under New York law. Here's a breakdown of the types of damages you may be able to recover.

Economic Damages

These are the tangible, out-of-pocket expenses caused by your injury. They include:

• Medical Expenses: Past, present, and estimated future costs of treatment, hospitalization, medication, rehabilitation, and necessary assistive devices.
• Lost Wages: Income lost due to the inability to work because of your injury
• Diminished Earning Capacity: If your injuries permanently impact your ability to earn the same level of income, you may be compensated accordingly.
• Other Out-of-Pocket Losses: Costs for home care attendants, household maintenance, travel expenses for medical treatments.

Economic damages tend to comprise the majority of awards in personal injury cases.

Non-Economic Damages

Non-economic damages are meant to address the intangible yet very real ways an injury affects your life. They reflect:

• Pain and Suffering: Physical pain, emotional distress, mental anguish, and the ongoing effects of disability or disfigurement caused by your injuries.
• Loss of Enjoyment of Life: Compensation for the inability to participate in activities or hobbies you enjoyed before sustaining your injuries.
• Loss of Consortium: Awarded to a spouse when an injury negatively impacts the marital relationship.

These damages are harder to quantify, requiring the knowledge and insight of a seasoned personal injury attorney.

Wrongful Death Damages

When someone is tragically killed due to another party’s negligence, their surviving family members may be entitled to compensation for funeral expenses, lost financial support, and loss of parental guidance and counselling.

Act Quickly to Protect Your Rights: Personal Injury Time Limits

It's crucial to act quickly after an accident. New York law sets a statute of limitations of three years from the date of the accident for most personal injury lawsuits. This means you generally have three years to take legal action to recover compensation. Cases against municipalities, the State of New York, physicians and hospitals have much shorter periods of limitation, even as short as 90 days in some situations.

Why Time Limits Matter

The statute of limitations for personal injury cases exists for a reason. Evidence can become lost or harder to find as time passes. Memories may diminish, and witnesses may become unavailable.

By acting quickly, you allow your attorney to:

• Secure essential evidence, such as medical records, police reports, and witness statements.
• Investigate the cause of the accident and identify the liable party.
• Calculate the full extent of your damages, including medical expenses, lost wages, and pain and suffering.
• Negotiate a fair settlement with the insurance company.

The sooner you initiate the legal process, the stronger your case will ultimately be.

How Much Could Your Personal Injury Case Be Worth?

It's natural to wonder how much financial compensation you may be entitled to after filing an injury claim. Unfortunately, there's no one-size-fits-all answer, as the value of a personal injury claim depends on numerous factors. Here's a breakdown of what influences the outcome:

• Severity of Your Injuries: The worse your injuries are, and the greater their long-term impact, the higher the potential compensation.‍
• Economic Losses: This includes past and future medical expenses, lost wages, and diminished earning capacity if your injuries affect your ability to work.‍
• Non-Economic Losses: Compensation may be sought for pain and suffering, emotional distress, and the loss of enjoyment of life.‍
• Strength of Liability: If it's clear that the other party was at fault, your case will be more compelling, increasing the potential for a higher settlement or award.‍
• Insurance Coverage: While not the only factor, the at-fault party’s insurance coverage may influence the amount you can recover.

Don't settle for less than you're owed. Contact Tomkiel & Tomkiel for a free case evaluation to get a better understanding of the potential value of your claim.

How Long Will Your Personal Injury Case Take?

The timeline of a personal injury case in Yonkers is impossible to predict with absolute certainty. Every case is different, and numerous factors can influence how long it takes to reach a resolution. That said, here's a general overview of the process and what impacts the timeline.

Maximum Medical Improvement

It's important to understand the full extent of your injuries and future medical needs before finalizing a settlement. Reaching the point where your recovery has plateaued (known as maximum medical improvement) will ensure that you aren’t undercompensated.

Complexity of Your Injuries

Serious injuries with long-term consequences typically lead to longer case durations, as more medical evidence and expert opinions may be needed to reach a decision.

Liability Disputes

If the at-fault party denies responsibility, the case might take longer as your attorney works to prove negligence through investigation and legal arguments.

Negotiation vs. Litigation

The majority of personal injury cases are settled out of court. However, if the insurance company refuses to make a fair offer, going to trial can lengthen the timeline significantly.

While we can't provide a guaranteed timeline, rest assured that we understand your need for both swift resolution and maximum compensation.