A serious accident changes everything in a matter of seconds. One moment you’re living your life, working, taking care of your family, or enjoying your day — and the next, you’re hurt, in pain, and unsure what comes next.
Whether it happened on a construction site, behind the wheel, or in a doctor’s care, the consequences are real and often long-lasting. A White Plains personal injury lawyer can be a powerful advocate in your recovery, helping to pursue the financial justice you’re owed for someone else’s negligence.
This page is here for those asking real questions:
- What are my rights after a serious injury in White Plains or Westchester County?
- Who pays for my medical bills, lost income, or long-term care?
- How does the legal process work, and how do I choose the right lawyer?
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Table of Contents
- Who Does Personal Injury Law Protect in White Plains?
- What You Need to Know About Fault and Compensation in New York
- What Can You Recover in a Personal Injury Claim?
- What to Do While Healing from a Serious Injury
- Injured in a Car, Truck, or Taxi Accident in White Plains?
- Construction Accidents in White Plains: Your Rights
- Medical Malpractice and Negligent Care in White Plains
- Slip, Trip, and Fall Injuries in Public or Private Spaces
- How Long Do You Have to File a Personal Injury Claim in NY?
- What Happens If the At-Fault Party Is Also Injured?
- Frequently Asked Questions
- Why White Plains Victims Choose the Queller Fisher Legal Team
- Get the Help You Need Today
Who Does Personal Injury Law Protect in White Plains?
Personal injury law exists to hold people, businesses, and institutions accountable when their carelessness causes harm. Whether it’s a property owner failing to fix a broken stair or a driver blowing through a red light, their negligence shouldn’t be your burden to carry alone.
In White Plains and the surrounding counties (Westchester, Rockland, Putnam, and parts of NYC), personal injury cases often involve:
- Car accidents caused by distracted, speeding, or reckless drivers
- Construction accidents on unsafe job sites
- Medical malpractice, including surgical errors or delayed diagnosis
- Slip and fall incidents in grocery stores, apartment buildings, or public property
- Wrongful death resulting from someone else’s negligence
- Birth injuries, including oxygen deprivation and delivery trauma
- Truck and commercial vehicle accidents
- Sexual abuse or assault where institutions failed to protect victims
- Traumatic brain injuries (TBI) from falls, collisions, or workplace accidents
If you’ve suffered due to any of the above, the law may entitle you to compensation for both economic and personal damages. A local attorney with experience in Westchester courts can make a measurable difference.
What You Need to Know About Fault and Compensation in New York
New York follows a “pure comparative negligence” rule. This means you can still recover damages even if you were partially at fault for the incident, but your percentage of fault reduces your compensation.
That’s one reason your lawyer’s job isn’t just proving someone else was wrong. It’s also defending your share of fault. Insurance companies are quick to push blame onto the injured party. A capable legal team helps protect your rights and build a case grounded in evidence, expert testimony, and experience.
What Can You Recover in a Personal Injury Claim?
- Medical expenses — emergency care, surgeries, hospital stays, medication, rehab
- Lost wages or diminished earning capacity
- Pain and suffering — physical pain, trauma, emotional anguish
- Disability or disfigurement
- Loss of enjoyment of life
- In wrongful death cases — funeral costs, loss of financial support, and loss of companionship
What to Do While Healing from a Serious Injury
Your health comes first. But what you do in the hours, days, and weeks after an accident has a lasting effect on your legal options.
Here’s what to prioritize:
1. Seek Full Medical Attention
Even if you walked away from the incident, hidden injuries like concussions, internal bleeding, or ligament tears may not surface immediately. Medical documentation also plays a major part in proving the cause, timing, and seriousness of your injury.
2. Document Everything
Photos of the scene, damage, or your injuries are vital. Keep copies of all medical bills, hospital notes, police reports, and communications with insurance companies.
3. Avoid Early Settlement Offers
Insurance companies may offer a quick check, and it’s tempting when bills are piling up. But once you sign, you waive your right to pursue more money. Always review settlement offers with a lawyer first.
4. Contact a White Plains Personal Injury Lawyer Early
Deadlines in New York can be strict. For most personal injury cases, the statute of limitations is three years. But claims involving city agencies, hospitals, or wrongful death may be shorter.
The sooner you speak to a lawyer, the more time they have to build a case.
Injured in a Car, Truck, or Taxi Accident in White Plains?
White Plains is no stranger to traffic. Accidents on I-287, the White Plains River Parkway, and local roads like Mamaroneck Ave and North Broadway happen daily, often with lasting consequences.
Car crashes are a leading cause of injury in Westchester County, and the types of collisions we often see include:
- Rear-end accidents at intersections
- T-bone crashes from illegal turns or failure to yield
- Sideswipes and lane-change accidents
- Truck collisions due to oversized loads or driver fatigue
- “Suicide gap” accidents — when one driver waves another through traffic, leading to a collision
Because New York is a no-fault state, your insurance covers basic medical bills and lost wages. But for serious injuries (as defined by NY Insurance Law §5102), you can file a personal injury lawsuit against the at-fault party.
Construction Accidents in White Plains: Your Rights
Construction is booming across White Plains, but with growth comes risk. Construction zones are among the most dangerous workplaces, with hazards that include:
- Ladder or scaffold falls
- Being struck by falling debris
- Electrical accidents
- Trench collapses or floor stripping hazards
- Failure to provide harnesses or safety railings
Under New York Labor Law §§ 240 and 241, construction workers have powerful protections. Even if workers' compensation does not cover you, you may have a strong case against property owners or contractors for unsafe conditions.
Medical Malpractice and Negligent Care in White Plains
Hospitals in the White Plains area, including White Plains Hospital, Montefiore New Rochelle, and Westchester Medical Center, serve thousands of patients a day. But medical errors remain one of the leading causes of injury in New York.
Medical malpractice includes:
- Misdiagnosis or delayed diagnosis
- Surgical errors
- Birth injuries (such as cerebral palsy or brachial plexus injuries)
- Medication errors
- Failure to obtain informed consent.
These cases are complex and require an attorney who understands the legal and medical aspects involved. Don’t rely on the hospital’s internal review process alone. Legal representation is often the only way to get real answers, current legal information, and compensation.
Slip, Trip, and Fall Injuries in Public or Private Spaces
Something as simple as a wet floor or cracked sidewalk can lead to a lifetime of pain. Falls are among the most common causes of broken bones, spinal injuries, and brain trauma in New York State.
Property owners, whether landlord, business, or municipality, are responsible for keeping their premises safe.
That includes:
- Shoveling snow and ice
- Fixing broken stairs or railings
- Cleaning spills or posting warning signs
- Keeping walkways clear of clutter or debris.
If the owner knew (or should have known) about the hazard and didn’t act, they may be liable for your injuries.
How Long Do You Have to File a Personal Injury Claim in NY?
Here are some general guidelines:
- Personal injury: 3 years from the date of injury
- Medical malpractice: 2.5 years from the date of the act or from the end of continuous treatment
- Wrongful death: 2 years from the date of death
- Municipal claims: Notice of Claim must be filed within 90 days, and lawsuit within 1 year and 90 days.
There are exceptions, especially for minors or delayed discoveries. A local attorney can make sure no deadlines are missed.
What Happens If the At-Fault Party Is Also Injured?
It’s a situation many don’t expect. The person who caused your injury was also hurt in the same incident. Maybe the driver who ran the red light broke their leg. Maybe a contractor who left debris on-site slipped and fell too.
These moments can leave you unsure about what comes next. Can you still file a claim? Will their injuries reduce the strength of yours?
The short answer is: yes, you can still pursue full compensation. And no, their injuries don’t cancel out your right to justice.
In New York, faults are determined based on actions, not outcomes. If someone’s negligence contributed to your injury, even if they were also injured, you have every legal right to seek damages. The fact that they got hurt doesn’t excuse their conduct or diminish your pain.
In these cases, your total award is reduced by your percentage of fault, not the other person’s injuries. Their medical bills, recovery, or pain don’t subtract from yours.
What does matter is how your case is prepared. If both sides are injured, both may file claims. That can quickly lead to a battle of narratives, and the insurance companies will look for any reason to point fingers.
Your legal team’s job is to ensure the evidence speaks clearly, truthfully, and in your favor.
If you’re unsure how a mutual injury might affect your case, it’s worth talking to an attorney early. These cases are more common than people realize, and they’re just as winnable with the right approach.
Frequently Asked Questions
1. Can I file a personal injury claim if I already used my health insurance for treatment?
Yes. Using your health insurance after an injury doesn’t prevent you from filing a personal injury claim. It’s often necessary while your case is pending. If you receive compensation later, your insurance company may request reimbursement for some expenses, but your attorney can help negotiate what, if anything, must be paid back.
2. Will filing a claim affect my immigration status?
No. Your right to file a personal injury claim in New York is not dependent on your immigration status. The courts do not require proof of citizenship to hold someone accountable for causing harm. You can pursue justice and financial recovery without fear of immigration consequences.
3. What if I was injured while visiting White Plains from another state?
You can still file a personal injury claim in New York, even if you live elsewhere. What matters is where the injury occurred, not where you live. A local attorney can file the case in the appropriate jurisdiction and handle the legal process while keeping you informed from afar.
4. Do I need a police report to start a personal injury claim?
Not necessarily. While a police report can be helpful, especially in car accident cases, it’s not required in every situation. Witness statements, photographs, medical records, and property damage reports can also help prove your case. An attorney can help identify the best available evidence.
5. Can I still sue if the person who hurt me was never arrested or charged?
Yes. Criminal charges are separate from civil lawsuits. You don’t need someone to be arrested, ticketed, or charged with a crime to bring a personal injury claim. Civil cases are about responsibility, not punishment, and the standard of proof is lower than in criminal court.
Why White Plains Victims Choose the Queller Fisher Legal Team
Proven Strength in High-Stakes Cases
We’ve handled some of the most complex and high-value personal injury cases in the state, and secured results that changed our clients’ lives. From seven-figure jury verdicts to quiet resolutions with lasting impact, our approach is defined by preparation, precision, and grit.
Real Trial Experience
Insurance companies know who is ready to take a case to court, and who isn’t. Our team includes seasoned litigators who are no strangers to the courtroom. That reputation leads to stronger settlements and, when necessary, powerful trial outcomes.
Focused, Personalized Attention
You won’t get lost in a pile of case files. We treat each client with the attention they deserve, getting to know their story, injuries, and future goals. Every case is different, and every strategy should be, too.
A Local Advantage
We live and work in the communities we serve. We know the courts, the judges, and how Westchester juries think. Our White Plains personal injury lawyers are exactly where you need them, on your side, in your corner, and ready to get to work.
Get the Help You Need Today
If you’ve been hurt due to someone else’s negligence, you deserve more than apologies. You deserve a full recovery — medically, emotionally, and financially.
Call Queller Fisher at (212) 406-1700 to speak with an experienced attorney. The consultation is free. The peace of mind is priceless.