One unexpected moment can change your entire life. You’re on your way to work, helping a friend move, shopping for groceries, and then a crash, a fall, a sharp pain, and confusion. What just happened? Who’s responsible? What now?
Whether it happened on a construction site in Yonkers, in traffic on the Hutchinson River Parkway, or during surgery at White Plains Hospital, the law may allow you to recover compensation.
A Westchester personal injury lawyer can help you hold the negligent party accountable and move toward the resources you need to rebuild.
This guide is designed for real people asking real questions:
- What are my rights after an accident in Westchester County?
- How long do I have to file a personal injury claim in New York?
- What if the person who caused my injuries lives in a different state?
- Will this process involve going to court?
- Can I still get help if I didn’t go to the doctor right away?
Below, we break down what matters most after an injury in Westchester — and how a local attorney can make a meaningful difference.
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Table of Contents
- Who Can File a Personal Injury Claim in Westchester?
- What Compensation Is Available for Injury Victims?
- Fault Laws in New York: What You Should Know
- What to Do While Healing from a Serious Injury
- Injured in a Westchester Car, Truck, or Motorcycle Accident?
- Construction Accidents and Unsafe Work Sites
- Medical Negligence in Westchester Hospitals
- Premises Liability and Fall Injuries
- How Long Do You Have to File a Personal Injury Case in New York?
- What If the Person Who Hurt Me Lives in Another State?
- What If I Didn’t Go to the Doctor Right After the Accident?
- Why People Across Westchester Choose Queller Fisher Time and Again
- Frequently Asked Questions
- Get Legal Help in Westchester Today
Who Can File a Personal Injury Claim in Westchester?
Personal injury law protects people hurt by someone else’s actions or failure to act. If another party’s carelessness caused your injuries, you may have a right to compensation, even if they didn’t mean to hurt you.
These incidents often involve:
- Motor vehicle crashes, including car, truck, motorcycle, and taxi accidents
- Slip and fall incidents at shopping centers, office buildings, or on public sidewalks
- Construction injuries, including ladder falls or scaffold collapses
- Medical malpractice at local hospitals or clinics
- Birth injuries caused by delayed care or improper technique
- Wrongful death resulting from negligence or unsafe conditions
- Assault or sexual abuse by employees, staff, or institutions that failed to intervene
- Brain injuries or spinal damage from falls, crashes, or falling objects
Westchester County includes many cities and communities — Yonkers, White Plains, New Rochelle, Mount Vernon, Scarsdale, Ossining, and more. These areas fall under New York State’s personal injury laws, with some nuances depending on whether the injury occurred on private, public, or municipal property.
What Compensation Is Available for Injury Victims?
If you’ve been injured, the law allows you to seek compensation for financial and non-financial losses.
These damages can include:
- Medical bills — including ER visits, surgeries, physical therapy, follow-up care
- Future treatment — for ongoing issues like chronic pain or limited mobility
- Lost wages — including time off work and loss of future earning potential
- Pain and suffering — covering physical discomfort and emotional distress
- Permanent disability or disfigurement
- Loss of enjoyment of life
- Wrongful death damages — including funeral costs and loss of household income or companionship
Insurance companies often try to minimize payouts or rush victims into early settlements. That’s why an experienced legal advocate becomes essential — someone who knows how to calculate the real value of your losses and demand what’s fair.
Fault Laws in New York: What You Should Know
New York is a pure comparative negligence state. This means that even if you were partially at fault for the accident, you can still recover compensation. However, your award will be reduced by your percentage of fault.
Insurance companies often try to exaggerate your share of the blame. A Westchester personal injury lawyer can gather the evidence, defend your version of events, and protect your right to full and fair compensation.
What to Do While Healing from a Serious Injury
Getting better takes time, and while your health is the top priority, your choices during recovery can also affect your case.
1. Don’t Delay Medical Care
Even if you “felt fine” after the incident, internal injuries and delayed symptoms (like concussions or soft tissue damage) may not show up immediately. Insurance companies scrutinize delays in treatment, so see a doctor as soon as possible and follow their recommendations closely.
2. Save Every Record
Keep copies of medical records, prescriptions, insurance letters, repair bills, photos of your injuries, and any communication with other parties. These documents are vital in proving what happened and how it affected you.
3. Avoid Quick Settlement Offers
It’s common to receive a fast offer from the at-fault party’s insurance company. But once you accept, your case is closed, even if your condition gets worse later. Always let a legal professional review any offer before you sign.
4. Contact a Westchester Personal Injury Lawyer Early
The sooner you act, the more options you have. Witnesses are easier to locate. Evidence is easier to preserve. And you’ll avoid missing critical deadlines (like municipal Notice of Claim filings). Even if you’re not sure you want to sue, a consultation can help clarify your rights.
Injured in a Westchester Car, Truck, or Motorcycle Accident?
Major routes like the Saw Mill Parkway, I-95, I-287, and Route 9 see thousands of drivers daily, and crashes are common. Whether you were rear-ended in New Rochelle, sideswiped in Yonkers, or hit by a delivery truck in Mount Kisco, you may have a claim.
Common scenarios include:
- T-bone or intersection crashes
- Rear-end collisions
- Head-on accidents on two-lane roads
- Truck accidents involving fatigue, speeding, or poorly loaded cargo
- Motorcycle crashes caused by blind turns or left-turning vehicles
- “Wave-through” accidents — where one driver signals another to cross traffic, resulting in a collision
Even though New York is a no-fault state, serious injuries allow you to pursue a full personal injury claim. That includes broken bones, loss of mobility, long-term pain, or any injury that limits your ability to work or enjoy life.
Construction Accidents and Unsafe Work Sites
Construction is a key industry across Westchester, from new high-rises in Yonkers to residential builds in Rye and Tarrytown. But construction zones can be dangerous, and workers often face hazards like:
- Falls from ladders, roofs, or scaffolding
- Collapsing trenches or structural failures
- Debris falling from above
- Electrocution or unsafe equipment
- Failure to provide fall protection or hard hats
New York Labor Laws (specifically §§ 240 and 241) provide special rights to construction workers, especially in gravity-related injuries. These laws often allow you to file a lawsuit even if you receive workers’ comp benefits. A knowledgeable lawyer can help identify all available paths to recovery.
Medical Negligence in Westchester Hospitals
Westchester's hospitals and medical centers, including White Plains Hospital, Montefiore Mount Vernon, and Westchester Medical Center, serve tens of thousands of patients a year.
Most provide excellent care, but mistakes can have severe consequences.
Examples of medical malpractice include:
- Misdiagnosis or delayed diagnosis
- Surgical errors or anesthesia mistakes
- Birth injuries (such as brachial plexus damage or oxygen loss)
- Prescription errors
- Poor post-surgical care or infections
Medical malpractice cases are highly technical and require a detailed review of records, timelines, and standards of care. But you may be entitled to compensation if a medical provider failed to act reasonably and caused lasting harm.
Premises Liability and Fall Injuries
Slips, trips, and falls happen every day — but they’re far from minor. Many victims end up with broken hips, concussions, or spinal damage.
Common hazards include:
- Ice-covered sidewalks in winter
- Poor lighting in stairwells
- Unmarked wet floors
- Uneven pavement or crumbling concrete
- Loose floorboards or carpets
Property owners, including stores, landlords, and even local governments, are responsible for keeping their premises reasonably safe. They may be liable for your injuries if they failed to correct a hazard they knew about (or should have known about).
How Long Do You Have to File a Personal Injury Case in New York?
Here are the general statutes of limitations:
- Personal injury: 3 years from the date of injury
- Medical malpractice: 2 years and 6 months from the date of malpractice (or end of treatment)
- Wrongful death: 2 years from the date of death
- Claims involving public agencies or property: Notice of Claim within 90 days; lawsuit within 1 year and 90 days
These deadlines can vary in complex cases, especially those involving minors or delayed diagnoses. A local attorney can help ensure you don’t miss your window to file.
What If the Person Who Hurt Me Lives in Another State?
This is a concern many people in Westchester don’t think about until it happens — the at-fault driver was visiting from Connecticut or Pennsylvania, or the negligent company is based in New Jersey.
Don’t worry. You can still file your personal injury claim in New York if that’s where the accident happened. And if necessary, your attorney can handle jurisdictional challenges and serve legal papers across state lines. These issues are common in a tri-state region like Westchester.
What If I Didn’t Go to the Doctor Right After the Accident?
Delayed medical treatment doesn’t automatically prevent you from filing a claim, but it may complicate things. Insurance companies will try to argue that your injury didn’t happen in the accident or wasn’t serious.
However, many people “tough it out” for days or weeks before realizing the damage is bad. A Westchester personal injury lawyer can help you build a timeline using witness statements, photos, and even cellphone data to support your case.
Why People Across Westchester Choose Queller Fisher Time and Again
We’ve Handled Some of the Most Serious Cases in the State
High-stakes cases require a legal team that’s steady, precise, and relentless. We’ve secured life-changing outcomes for people told they had no case, including multi-million-dollar verdicts and confidential settlements that helped rebuild entire lives.
We Know the Local Courts and Community
From White Plains Supreme Court to Yonkers City Court, we know the judges, the juries, and the way Westchester cases move. That local knowledge often results in better strategy and better outcomes.
We Prepare Every Case Like It’s Going to Trial
Most cases settle. But when they don’t, being fully prepared makes all the difference. Our trial lawyers are respected in court and known by insurers for not backing down.
We Treat Clients Like People, Not Case Numbers
You’ll never be left wondering what’s going on. We explain everything in plain language, return your calls, and fight as if it were our own family involved. That’s how we earn your trust and results.
Frequently Asked Questions
1. Can I sue for an injury that aggravated an old condition?
Yes. If a recent accident made a pre-existing condition worse, you can still file a personal injury claim. New York law allows recovery for the exacerbation of previous injuries, if the new incident clearly worsened your condition.
2. What happens if I were injured on someone else’s private property without being invited?
Sometimes, you may still have legal protection even if you were not formally invited, walking across a neighbor’s yard or entering a business before opening hours.
3. Can I recover damages if I was injured at a public park or government building?
Possibly, but there are stricter rules. Injuries on city, county, or state-owned property (like a sidewalk in Yonkers or a public library in White Plains) typically require you to file a Notice of Claim within 90 days of the incident. You may still have a strong case, but deadlines are shorter and procedural rules are stricter.
4. Should I talk to the other party’s insurance adjuster?
Not without legal guidance. Insurance adjusters may sound friendly, but their job is to protect their company’s interests, not yours. They may record your statement, look for contradictions, or get you to say something that could be used to reduce your claim. It’s best to speak with an attorney first, then allow them to handle communication.
5. Can I get compensation even if no one was ticketed or arrested?
Yes. Civil personal injury claims are separate from criminal or traffic proceedings. Many valid claims involve situations where police issued no citations, or where liability is contested.
Get Legal Help in Westchester Today
If you’ve been seriously hurt in Westchester, you deserve more than just a payout. You deserve real answers. Real advocacy. Real results.
Call Queller Fisher at (212) 406-1700 to speak with an experienced attorney. The consultation is free and confidential.