White Plains Traffic Lawyer : Traffic Accident Compensation

New York requires all vehicle owners to carry no-fault insurance, which covers medical expenses, lost wages, and other reasonable expenses up to a specified limit, regardless of who caused the accident. These benefits are available immediately after the accident and do not require proving fault. However, the no-fault system has limitations, and you may pursue additional compensation through a negligence claim if your injuries meet the serious injury threshold. A White Plains traffic lawyer can help you understand whether your injuries qualify for recovery beyond no-fault benefits and advise you on the best strategy for your case.

If the other driver's negligence caused your accident, you may file a negligence claim to recover damages for pain and suffering, permanent disability, and other non-economic losses. To succeed in a negligence claim, you must prove that the other driver owed you a duty of care, breached that duty, and caused your injuries. Evidence such as police reports, witness statements, and accident reconstruction may support your claim. A White Plains traffic lawyer will gather and present this evidence to establish liability and maximize your compensation.

Most traffic accident compensation claims exceeding the small claims limit are filed in Westchester County Supreme Court. The court requires strict compliance with the Civil Practice Law and Rules, including service of process, discovery deadlines, and motion practice. Claims must be filed within three years of the accident date, but earlier filing is advisable to preserve evidence and avoid statute of limitations issues. The court also requires parties to participate in mandatory settlement conferences before trial. A White Plains traffic lawyer will ensure all procedural requirements are met and will represent you effectively at every stage of litigation in Westchester County courts.

During the discovery phase, both parties exchange documents, medical records, and witness statements relevant to the case. Westchester County courts enforce strict discovery rules and may sanction parties who fail to comply with disclosure obligations. Your attorney will use discovery to obtain critical evidence, including the defendant's insurance information, accident scene photographs, and any available surveillance footage. This process is essential for building a strong case and negotiating a favorable settlement.

Economic damages include medical expenses, surgical costs, rehabilitation, lost wages, and future medical care. Non-economic damages include pain and suffering, emotional distress, loss of enjoyment of life, and permanent scarring or disfigurement. New York allows recovery for both categories in negligence cases that meet the serious injury threshold. The serious injury threshold requires that you suffer a significant and sustained or recurring injury, permanent consequential limitation of use of a body organ or member, significant disfigurement, or fracture. Your White Plains traffic lawyer will document your injuries and losses to support a comprehensive damages claim.

New York follows a comparative negligence rule, meaning your recovery may be reduced if you are found partially at fault for the accident. For example, if you are determined to be 20 percent at fault, your damages award will be reduced by 20 percent. However, you may still recover if you are less than 50 percent at fault. A White Plains traffic lawyer will investigate the accident thoroughly and present evidence to minimize your assigned fault percentage and protect your full recovery.

After a traffic accident, the at-fault driver's insurance company will contact you to settle your claim. Insurance adjusters are trained to minimize payouts and may pressure you to accept low settlement offers before you understand the full extent of your injuries. A White Plains traffic lawyer will handle all communications with insurance companies and negotiate on your behalf to ensure you receive fair compensation. Your attorney will not allow insurance companies to take advantage of you during this vulnerable time.

The timeline for resolving a traffic accident compensation claim varies depending on the complexity of the case and whether litigation is necessary. Simple cases with clear liability may settle within months, while cases requiring court intervention may take one to three years. The following table outlines typical timelines for different stages of the compensation process:

A White Plains traffic lawyer will manage each stage efficiently and keep you informed of progress toward resolution. Your attorney will advise you when settlement offers are fair and when proceeding to trial is in your best interest.