When It Matters, Make It Maddox

Westchester Personal Injury

Our Office inWestchester, NY

WESTCHESTER PERSONAL INJURY ATTORNEYS

Experienced Legal Representation in Westchester County

Accidents strike hard. Criminal charges disrupt lives. At The Maddox Law Firm, LLC, we stand up for you. We represent accident victims seeking maximum compensation in Westchester County.

WESTCHESTER PERSONAL INJURY CASES WE HANDLE

When negligence steals your health, we take back your power. Injury isn’t just pain – it’s stolen time, lost wages, and an uncertain future. If someone’s recklessness changed your life, we demand justice. You have the right to seek maximum compensation. Our Westchester attorneys help with:

STATUTE OF LIMITATIONS FOR PERSONAL INJURY LAWSUITS IN WESTCHESTER, NY

If you're considering filing a personal injury lawsuit in Westchester County it's important to understand that legal deadlines vary depending on the specifics of your case. While the default statute of limitations in New York is three years from the date of the injury, this timeframe may be shorter or longer based on the type of claim and who is involved—which is why speaking with a legal team that understands these nuances is essential.

Here are a few important things to know about legal time limits:

  • The filing deadline may be shorter or longer depending on how the injury occurred.
  • The timeline to take legal action usually begins when the injury happens, but exceptions may apply.
  • Waiting too long can make it harder to gather evidence, document damages, or find key witnesses.
  • Speaking with an attorney early on helps ensure your case stays on track and within the proper legal timeframe.

If you’re suing a government entity, stricter rules apply — you often need to file a Notice of Claim within 90 days and then start your lawsuit within one year and 90 days. Missing these deadlines usually bars you from recovering any compensation.

Understanding the timing rules is an important part of protecting your rights. If you’re unsure how the statute of limitations applies to your situation, our attorneys can walk you through it and offer clear guidance based on your specific circumstances.

HOW IS THE VALUE OF A PERSONAL INJURY CASE DETERMINED?

Several critical factors come into play when assessing the potential value of a personal injury case. The aim is to secure compensation or "damages" that reflect the full scope of the injury's impact. Here's a breakdown of what typically influences the case's worth:

1. Medical Expenses

Medical bills often form the backbone of a claim. Compensation can cover costs for:

  • Emergency Treatments: Such as ambulance fees and ER visits
  • Hospitalization: Stays and surgeries
  • Therapy and Rehabilitation: Recovery and regaining mobility
  • Specialist Consultations: Necessary for ongoing care

2. Lost Income

An injury can take you out of work temporarily—or sometimes permanently. The impact on your ability to earn a living is often considered, including:

  • Missed Wages: Time you were unable to work during recovery
  • Reduced Earning Potential: When your injury limits the type of work you can do moving forward
  • Career Disruption: When an injury makes it difficult or impossible to return to your previous profession, potentially leading to long-term loss of earning capacity

3. Non-Economic Damages

Not all losses are financial. Personal injuries often cause emotional, physical, and lifestyle changes that deserve to be considered in your case’s value:

  • Pain and Suffering: Physical pain and emotional distress
  • Loss of Enjoyment: Impact on your quality of life
  • Psychological Impact: Conditions such as depression or anxiety stemming from the incident

4. Long-Term or Permanent Impact

Some injuries don’t fully heal—or they come with lasting effects that change how you live. These long-term impacts may include:

  • Disability: If the injury results in a permanent reduction in physical function
  • Lifespan of Recovery: Longer recovery times can increase the case's value

5. Circumstances of the Accident

The details of how your injury occurred—and who may be held legally responsible—can play a major role in the value of your case. Key factors include:

  • Evidence of Fault: Whether there’s clear documentation showing another party caused the injury.
  • Shared Responsibility (Comparative Negligence): If you’re found partly at fault for the incident, New York law still allows you to recover compensation—but your final amount may be reduced based on your share of responsibility.
  • Quality of Evidence: Strong cases are often supported by details like witness accounts, photos, or official reports

The precise value is determined by gathering detailed information about the injury, the circumstances leading to the accident, and credible expert assessments. Each case is unique, and a careful, thorough review is key to providing a realistic estimate. If you're contemplating legal action, consult one of our personal attorneys, who can help you understand what you might expect based on your specific situation.

HOW WE WILL PREPARE YOUR PERSONAL INJURY CLAIM

Here's a breakdown of the essential steps we take:

Understanding the Incident

First, our personal injury attorneys will gather detailed information about the incident. This includes any reports, eyewitness accounts, and your own recollection of what happened. Every detail can potentially influence the direction of the case.

Identify the Cause

We investigate the conditions and actions that led to the incident, using documentation, expert input, and our legal insight to pinpoint the exact cause. This step lays the groundwork for a strong, fact-based case.

Establish Liability

Once the cause is identified, the next step is to ascertain who is legally responsible. Our personal injury attorneys review evidence to establish if multiple parties could share responsibility.

Gather Evidence

A well-prepared case depends on thorough and accurate documentation. This can include medical records, photographs from the scene, expert testimonies, and any other documentation that supports your claims.

Legal Strategy Development

A tailored legal strategy is formed based on the specifics of the case. Sophisticated strategies might be needed for complex claims, such as those involving multiple parties or intricate legal precedents.

Engage Expert Witnesses

In cases like medical malpractice, expert witnesses may be necessary to provide specialized knowledge that supports your claims and aids in the interpretation of technical details.

Negotiation with Insurers

Armed with evidence and a robust strategy, negotiations with insurance companies will commence. Having a well-prepared case can provide leverage to potentially reach a favorable settlement without proceeding to trial.

Prepare for Trial

If negotiations don’t lead to a satisfactory outcome, preparation will include gathering additional evidence and refining arguments to present a compelling case in court.

Let Us Help You Recover — Physically, Financially, and Legally

If you’ve been injured due to someone else’s negligence in Westchester County, you don’t have to face the recovery process alone. At The Maddox Law Firm, LLC, we are committed to helping you pursue the compensation you deserve — for medical expenses, lost income, pain and suffering, and more.

Schedule your case evaluation today — and let our experienced Westchester personal injury attorneys help you take the next step toward justice and recovery. 

FAQ

What if I missed the statute of limitations in New York?
In most cases, missing the legal deadline means you can no longer file a claim. But there are some exceptions—especially in cases involving minors, delayed discovery, or other circumstances. Even if you think you're out of time, speak with our attorneys. We can review your case and see if options still exist.
How long will my personal injury case take?
Simple claims often resolve within six to twelve months, while complex cases involving severe injuries or multiple parties can take one to two years or more. Factors like ongoing medical treatment, expert witness availability, and court schedules also influence the timeline.
Can I still file a personal injury claim if I was partially at fault?
Yes. Under New York’s comparative negligence rule, you can still pursue compensation even if you were partly responsible for the accident. However, your total compensation may be reduced based on your percentage of fault. For example, if you were awarded $100,000 but were found to be 25% at fault, your final recovery would be $75,000.
Will I have to go to trial?
Most personal injury claims settle through negotiations with the insurance company. However, if a fair settlement can’t be reached, your case may proceed to court; an experienced attorney prepares every case as if it will go before a judge and jury.