White Plains Personal Injury Lawyer

An inner suburb of New York City, White Plains is the county seat of Westchester County. With a long and rich history, it’s often called “the birthplace of the state of New York.” The local monument commemorating the first public reading of the Declaration of Independence in the state is located at the White Plains Armory. Tourists also frequent the Jacob Purdy House, a circa 1720 farmhouse used during the Revolutionary War by General George Washington as a headquarters command post.

Also boasting a destination shopping district in the downtown area, White Plains offers a lot for local residents. Even here, however, accidents can happen. The downtown area is heavily populated and trafficked. Negligent drivers can cause accidents. Some aging buildings may have unsafe features. Property owners don’t always carefully manage their sidewalks and stairways. There are dozens of medical centers in the area, but occasionally, healthcare providers make mistakes that result in harm.

If you get seriously hurt in an accident that can be traced to someone else’s negligence, you don’t have to suffer alone. A White Plains, New York personal injury lawyer can help investigate your case and seek compensation for the expenses you now have to deal with. Particularly if you were seriously hurt and cannot return to work, you need a personal injury lawyer on your side to increase your odds of recovering the funds you need to put your life back together.

At Chaffin Luhana, our mission is to help restore injured victims to wholeness in the White Plains, New York area. When we take on your personal injury case, we put our decades of national experience to work fighting for you to make sure you get the compensation you deserve.

Personal Injuries in White Plains, New York

According to the New York State Department of Health, injuries are the leading cause of death for New Yorkers ages one through 34 years. They are also among the top causes of death for all other age groups. Nearly 8,000 New Yorkers die every year as a result of an injury. More than 155,000 are injured severely enough to require hospitalization.

Private industry employers reported 125,000 nonfatal workplace injuries and illnesses in New York in 2021, resulting in an incidence rate of 2.2 cases per 100 full-time workers, according to the Bureau of Labor Statistics (BLS). Of those 125,500 cases, 81,600 were more severe, involving days from work, job transfer, or restriction.

Motor vehicle accidents are a leading cause of injury-related death in New York State. Between 2012-2014, there was an annual average of 1,098 deaths and 12,093 hospitalizations. In Westchester County, motor vehicle traffic injuries were the fourth leading cause of injury-related death. Between 2017 and 2019, there were 33 traffic-related deaths and 375 hospitalizations.

Other sources of injuries may include dog bites, medical malpractice, accidents on someone else’s property, injuries caused by defective products, or wrongful death.

When to Hire a White Plains, New York Personal Injury Lawyer

If your injuries are minor and you had little to no property damage, you may not need to hire a lawyer after an accident. If your injuries were serious, however, or if any of the following occur, it’s wise to get quality representation on your side.

Liability is Disputed

It may seem very plain to you who was at fault for your injury. But if the other party is arguing with you, you should contact a White Plains, New York personal injury attorney right away. He or she will know what steps to take to bolster your case.

You’re Being Held Responsible

Sometimes, you may file a claim with the at-fault party’s insurance company, but that company then refutes your claim. They may say you were responsible or largely responsible for the accident. The insurance company has attorneys on its side. You can even the playing field by hiring your own White Plains, New York personal injury attorney.

Multiple Parties Are Involved

A personal injury case can be complicated enough with only one at-fault party. If there are multiple parties responsible for your injury, it can be much more difficult for you to present a strong case on your own. Maybe there were several cars involved in a multi-car pileup or several healthcare practitioners involved in a medical malpractice case.

This automatically complicates the legal process. An experienced attorney will be familiar with the process and will work to build a case narrative that protects you.

You’ve Suffered Severe Injuries

With traumatic injuries or a lasting disability, you are likely to require ongoing medical treatment. You may not be able to return to work. Your future damages could total millions of dollars. A New York personal injury attorney will make sure that your damages are added up correctly so you can receive the maximum possible settlement for your claim.

The Insurance Company is Dragging Their Feet

Some insurance companies will pull out all the stops to avoid paying you what you deserve. They are concerned with their bottom lines and have professional lawyers helping them to wriggle out of certain claims.

Having a White Plains, New York personal injury lawyer on your side gives you more clout in the negotiating process. The insurance company is more likely to be fair with you when they know you are represented by an experienced attorney.

A Governmental Agency is Involved

If you were injured because of negligence on the part of a government agency, contact your personal injury lawyer as soon as possible. These cases are complicated as governments are protected from several liabilities. The deadline for filing claims against them is also shorter. Allow your lawyer to navigate the process for you while you recover.

Choosing the Right White Plains, New York Personal Injury Lawyer

When it comes time to choose a White Plains, New York personal injury lawyer, you may feel overwhelmed. There are a lot of options out there. Yet the right attorney can help you present a strong case and get the compensation you deserve. The wrong one may make mistakes that negatively affect your outcome.

Start by doing your research. Look for attorneys in the White Plains area who understand New York law. Narrow your search by looking for a lawyer with experience handling your type of case. Avoid those that also handle divorces, bankruptcies, and that sort of thing. You want someone who specializes in representing injured victims. Read online reviews to see who has a good reputation.

Next, dig a little more to see if the lawyer has experience going to trial. Many attorneys who handle personal injury cases have no experience in the courtroom. Most personal injury cases are settled outside of court. But you’ll want someone who can take your case all the way if necessary. Insurance companies respect that sort of experience and will be more likely to work with an attorney they know isn’t afraid to refuse a settlement offer if it is unfair.

Finally, narrow your search to three to five attorneys and make an appointment to see each one. Most personal injury attorneys offer a free initial consultation. During that meeting, ask about the attorney’s verdicts and settlements. Find out what sort of resources they have—such as access to experts who can serve as witnesses for you—that can help you present a strong case. Ask to speak to past clients if possible, and find out who will be working on your case.

During these meetings, pay attention to how you feel. Is this firm interested in helping you? Did you feel comfortable in the office? The attorney-client relationship is important to your future, so if you feel something is off, move on to the next firm on your list.

Why Choose Our White Plains, New York Personal Injury Lawyers

Chaffin Luhana is a plaintiffs-only law firm, which means we focus solely on representing injured victims. We’ve been doing that for over 13 years, during which time our hard-working team has recovered over $1 billion for our clients.

You may find that some law firms divide their time between personal injury and other types of cases. We don’t defend lawsuits on behalf of corporations and we don’t represent insurance companies. Instead, we bring cases on behalf of individuals like you who have been injured and suffered serious losses in life.

Our Experience and Expertise

At Chaffin Luhana, we have an entire team of law professionals working for you. That includes highly experienced personal injury lawyers, an on-staff social worker, mass-tort managing experts, medical records specialists and nurse paralegals, former state and federal judicial law clerks, court-appointed leaders in the National Plaintiffs’ Bar, and more.

Our founders—Eric Chaffin and Roopal Luhana—have both achieved multimillion-dollar recoveries for our clients. Both have held leadership positions in large, multi-district litigation and have litigated several significant nationwide class actions.

With our combined expertise, we have achieved extraordinary results for our clients in pharmaceutical and medical device litigation, personal injury litigation, product liability litigation, and more in state and federal courts across the country.

Several of our lawyers, including both of our founders, have also been repeatedly named to the esteemed “Super Lawyers” list. This is a prestigious listing of outstanding attorneys selected each year by the Super Lawyers research staff. Through a multi-phase rating process, they select those attorneys best able to assist consumers.

Our Approach to Personal Injury Law

We are focused on plaintiffs only, which has allowed us to fine-tune our process to improve your odds of winning your case.

We Communicate

At Chaffin Luhana, we make sure to keep you up to date throughout the legal process. We also give you a myriad of ways to get ahold of us by phone, email, printed letter, or even text message.

We Take Cases to Trial if Necessary

There’s no doubt that having trial experience is important—even if only to show the other side that you can take this case to court if you have to.

We regularly take cases to trial. We’re very comfortable in court and know how to fight for our clients there. You can rest easy knowing that if the parties can’t agree, we’re not going to back down because we’re new to the courtroom. We have a reputation for being willing to go all the way, which often serves us well in negotiations.

We Have the Experience You Need

Insurance companies and defendants will logically look out for their best interests—not yours. They may negotiate with you, but they will do so with an eye toward their bottom lines. Your injuries will be of secondary concern to them.

If your law firm doesn’t know what they’re doing in terms of securing records, presenting the appropriate precedents, and hiring the right experts, you could end up getting a lower level of compensation than you deserve.

We’ve been fighting for victims for over a decade now. We’ve represented plaintiffs in some large and complicated cases, sometimes involving thousands of people with similar complaints. When you hire us, you’ll know that we have the experience you need to tip the scales in your favor.

We Have a Mission to Do Good Work

Our mission at Chaffin Luhana is “Doing Good by Doing Right.” At the core of our business, we seek to do work that will benefit our clients and our community. As part of that mission, we created the Chaffin Luhana Foundation, funded with a portion of the profits from the firm. To date, the foundation has donated to dozens of charities, advanced scientific research, worked to combat distracted driving, and awarded scholarships to promising youth.

Types of Personal Injury Cases We Handle

The Chaffin Luhana law firm is committed to protecting the legal rights of individuals throughout the city of White Plains, New York. No matter how you were injured or who the negligent parties may be, you can contact us and we will use our skills and resources to fight for you.

Our practice areas include the following.

Car Accidents

In 2021, there were 1,099 fatal crashes in the state of New York, according to the Insurance Institute for Highway Safety (IIHS). They resulted in 1,157 deaths, including 293 pedestrian deaths. According to the New York State Department of Health, on average, three New Yorkers die every day due to a traffic-related crash. Between 2020 and 2021, traffic fatalities increased, with fatal crashes up 13 percent in the first half of 2021.

In Westchester County, motor vehicle traffic injuries were the fourth leading cause of injury-related death between 2012-2014. Between 2017 and 2019, there were 33 traffic-related deaths and 375 hospitalizations. In March 2023, five young people were killed in a car crash in Westchester County, with just one 9-year-old boy surviving.

Car accident lawsuits may seem simple on the surface, but they can present unique challenges. A plaintiff has to have evidence showing that the other person or persons were responsible for the accident. Other parties as well—such as the car manufacturer, a construction company if there was construction going on at the site of the accident, or even the municipality responsible for the roads—may have been negligent at the time of the accident.

A Chaffin Luhana White Plains, New York personal injury attorney has the expertise to support you in your case. He or she will thoroughly review the police report and conditions at the site of the accident, hire experts as needed, and gather information about the other driver and/or the company she was working for, if applicable, to help prove liability.

Truck Accidents

In 2021, there were about 5,700 large trucks involved in fatal crashes across the United States, an increase of 18 percent from 2020 and a 49 percent increase over the past 10 years. Nearly 5,800 people died in these crashes. In addition, there were over 117,000 large trucks involved in crashes resulting in an injury, which was an increase from 2020.

According to the Institute for Safer Trucking, there were 114 total deaths in crashes involving a large truck in New York alone in 2021.

An accident with a big rig or 18-wheeler can be particularly devastating because of the truck’s size and weight. Victims may be permanently injured and may require medical care for the rest of their lives.

Personal injury cases involving a big truck can also be more complex as they typically involve not only the driver but also the company he was working for. If that company wasn’t careful about maintaining their trucks or if management pushed employees to drive for long, unsafe periods, the company may share in liability.

Chaffin Luhana New York attorneys understand how important it is to investigate your case thoroughly. Identifying all parties that may share in liability gives you more resources from which to gather the compensation you need to try to put your life back together.

Premises Liability

When you are hurt while lawfully on someone else’s property, the owner may be liable for your injuries as long as you can prove that the owner’s negligence caused your injury. Premises liability includes slip/trip and fall situations, but also any unsafe condition resulting in an injury.

Let’s say you were hired to paint the ceiling in someone’s house. You started to do the work and the ceiling—perhaps because of prior damage—falls in on you. Or let’s say you go to your favorite local grocery store to grab a gallon of milk, and slip on a wet floor, and get hurt. If there was no sign warning about the slippery surface or the dangerous ceiling, you may be able to find the owner negligent.

Proving that the property owner was negligent can be complicated. The White Plains, New York personal injury lawyers at Chaffin Luhana can help guide you through the complex facets of your case.

Slip and Fall Accidents

People often walk away from slip-and-fall accidents with only minor bumps and bruises. Some incidents, however, result in serious injuries. These may include broken bones, spinal cord injuries, neck injuries, and concussions.

Common locations for slip-and-fall accidents include sidewalks, swimming pools, stairways, apartment complexes, decks, amusement parks, parking lots, escalators, and assisted living facilities, and nursing homes.

According to the National Floor Safety Institute (NFSI), falls account for over one million emergency room visits a year. They also represent the primary cause of lost days from work.

If you can prove that the property owner was negligent and that their negligence caused your injury, you may be able to win compensation to help cover your expenses. Like premises liability, however, there are state laws that apply.

Dog Bites

According to the New York City Department of Health, among NYC residents from 2007 to 2014, there were an average of 6,028 emergency department visits and 315 inpatient hospitalizations related to dog bite injuries each year. In 2014, children ages 5 to 12 were at the highest risk of a reported dog bite.

New York is a “mixed” state—it has a dog bite statute that mixes the one-bite rule with a limited degree of strict liability. That means that the owner may be off the hook the first time the dog bites someone if the owner can prove they were not aware of the dog’s ability to cause harm.

After that, the owner or keeper of a previously adjudicated “dangerous dog” can be held strictly liable for a victim’s medical and veterinary costs. For other damages, the plaintiff must prove that the owner was aware of the dog’s dangerous tendency to bite people.

Dog bites can cause serious harm, particularly to children. At Chaffin Luhana, we know the ins and outs of New York law and can help you gather the evidence you need to present a strong case.

Medical Malpractice

In 2016, safety experts from Johns Hopkins Medicine reported that more than 250,000 people die each year due to medical errors in the U.S. That made medical error the third highest cause of death. A recent study showed that about 400,000 hospitalized patients experience some type of preventable harm each year, with medical errors costing the U.S. economy about $20 billion a year.

According to a study by Bay Alarm Medical examining data from 2004 to 2014, New York had the nation’s highest rate of malpractice lawsuits per capita. The state also had one of the highest rates of suits resulting from deaths and major, permanent injuries, ranking fourth at 55 per 100,000.

Medical malpractice occurs when a doctor or other health care professional and/or a medical care facility fails to care for a patient within the accepted standards of the medical profession. If you can show that you were under the care of a physician and that physician failed to act as a doctor in his or her position should have acted—and you were injured as a result—you may be able to recover damages in a medical malpractice lawsuit.

Possible errors include improper treatment, causing injury during the birthing process, failure to diagnose or misdiagnosis, failure to properly monitor, and committing surgical errors.

A Chaffin Luhana medical malpractice attorney understands these facets of New York law and can help navigate the process for you.

Workers’ Compensation

On August 29, 2023, a construction worker in White Plains, New York was performing routine maintenance on a crane in downtown White Plains when he suffered a crushing injury, resulting in two broken legs. Rescuers had to lower him down 200 feet to get him help.

In 2021, private industry employers reported 125,500 nonfatal workplace injuries and illnesses in New York, according to the Bureau of Labor Statistics (BLS). About 81,600 of these were more severe, involving days away from work, job transfer, or job restriction.

New York law requires most employers to carry workers’ compensation insurance coverage, including employers of domestic and agricultural workers. There are a few exceptions. Coverage is not required if the business is a one- or two-person-owned corporation, for instance.

If you were injured on the job, you should always file a workers’ compensation claim. In most cases, the insurance company will likely approach you about a settlement. A New York workers’ compensation attorney can help you make sure you’re getting the best settlement possible. They can also help you if your claim is denied, or if you are not eligible for workers’ compensation.

What Happens During the Personal Injury Claim Process?

There are several steps that you will take after you are injured to recover the damages you’re owed. These include the following.

1. Initial Consultation with Your White Plains, New York Attorney

If your losses look like they will be more than small claims courts can handle (typically $5,000 to $10,000), it’s best to talk with a New York personal injury attorney. At Chaffin Luhana, we offer a free initial consultation. This is when you can discuss the facts of your case and get a general idea of what we may be able to do to help you.

We’ll examine your police reports, witness information, photos, medical records, and personal notes. Then we’ll give you a professional opinion on whether you have a valid claim.

2. Investigating Your Case

Your personal injury attorney will then go to work investigating your case. We’ll interview you further about what happened and help you gather any additional documents needed to fortify your case. These may include medical records, police records, pay stubs (to determine lost wages), and other related documents for review and submission with the claim as necessary.

Depending on the complexity of your case, we may also assist with locating and interviewing witnesses, tracking down surveillance/security video, and consulting with experts. This process may take a couple of weeks or a few months. We will also look to see if there may be more than one liable party.

3. Documenting Your Damages

Figuring out the total damages owed is part of your attorney’s job. He or she will add up your property damage and medical expenses, and then figure in any long-term care costs, lost wages, lost earning capacity, and pain and suffering. Having an attorney on your side often means finding more expenses to recover than you may have been aware you had.

Once you have a final figure, your attorney will ask for that amount in your insurance claim or lawsuit.

4. Negotiation and Settlement

Your White Plains, New York attorney will file the necessary documents with your insurance company or the appropriate court. They will also negotiate with the insurance company on your behalf.

In many cases, the insurance company will receive a demand letter from your attorney. The letter includes a summary of the accident, details of the harm you suffered, a statement of complaint against the defendant or parties responsible, applicable statutes under which you are entitled to compensation, and the compensation you’re seeking.

Should the insurance company decide to work with your attorney, you are likely to receive a settlement offer. Your attorney can help you decide whether to accept it or make a counteroffer. Eventually, both parties may agree to settle the case.

If the parties can’t agree, your attorney will file a lawsuit in court (with your permission).

5. Trial (If Necessary)

After filing your case, your attorney will start preparing your case for trial. This includes filing motions, gathering testimony and evidence (the “discovery” phase), and engaging in any mediation as needed. The process can take several months to several years, depending on the complexity of the case.

When it’s time, your lawyer will then present your case before a judge or jury. The judge or jury, in turn, may side with you and award a judgment or side with the defendant and dismiss the case.

Once the judgment is made, both sides have a limited amount of time to either accept the decision or file an appeal.

Testimonials and Success Stories

Below is a small sampling of the testimonials we have received from our clients:

Client Testimonials

$4 Million Recovery

“I was very pleased with the representation that I received for my case. I had a positive experience with this firm and I would recommend your firm to my family and friends.”

– Judy R. Product Liability Injury Client

Auto Personal Injury Recovery

“It’s a shame that the insurance companies put you through this…I’m glad there are people like you out there because the insurance companies would walk all over victims otherwise.”

– Mark S., Personal Injury Client

Automobile Accident Victim

“I didn’t know what to expect since I never needed an attorney before. You took care of everything and were there for me.”

– Vicky B., Personal Injury Client

Frequently Asked Questions About White Plains, New York Personal Injury Law

What are the elements of a personal injury claim in NY?

A personal injury claim occurs when an injured person seeks compensation from another person or entity they believe to be at fault for their injury. The plaintiff must meet the burden of proof by showing that the other party owed them a duty to act with reasonable care, that they breached that duty, and that by doing so, they caused the injury.

How Do I Know If I Have a Personal Injury Claim in New York?

If you can show that someone else’s negligent actions or inactions caused you harm, you may have a personal injury claim. You will have to prove that the other party violated a duty owed to you. Your personal injury attorney can help.

How Long Do I Have to Sue Someone for Personal Injury in New York?

The statute of limitations for personal injury lawsuits in New York is three years. That means you have three years from the date of the accident to file a claim. There are some exceptions.

Disability

If the injured person is under a legal disability at the time of the accident—they’re under the age of 18 or are considered to be of “unsound mind”—the statute of limitations won’t begin until the legal disability is lifted; for example, the person turns 18 or is declared legally competent.

The Defendant Leaves the State

If the person who is being blamed for the accident leaves the state of New York after the accident and before the lawsuit can be filed—and is gone for four months or more—the time of absence will not be counted as part of the three-year statutory period.

The Discovery Rule

The statute of limitations will not begin until the injured person discovers the injury. This may apply to injuries that take time to show up, such as neck and back injuries.

Suing a Municipality

If the plaintiff is bringing a case against a local government entity, the time to do so is more limited. These municipal entities are protected by stronger laws. In most cases, you have 90 days from the date of the accident to file a Notice of Claim. Your NYC personal injury attorney can guide you in this.

How is pain and suffering calculated in New York?

There are two calculation methods frequently used to calculate damages for pain and suffering. The first is to take the total of your economic damages and multiply that by a number between 1.5 and 5. The highest multipliers are reserved for the most severe injuries.

If you receive $100,000 in economic damages, for example, and your multiplier is 2, then you’d receive $200,000 in pain and suffering damages, for a total of $350,000 total damages.

The second method places a certain dollar amount of compensation for each day that you were injured, using wages that would have been earned. This method is used much less often.

Economic Damages

Economic damages (also called “special” damages) are tied to a specific, identifiable cost. These include:

Medical expenses

Your medical bills will show proof of your expenses, and those expenses can be directly figured into your settlement amount. If you require more surgeries, treatments, therapies, and prescriptions in the future, your attorney and/or the court may figure out an estimated cost for these as well.

Lost wages

If your injuries kept you away from work, your lost wages will be figured into your damages.

Lost potential earnings (future earning potential)

If you were injured so badly that it affected your ability to do your job, the law allows you to recover for lost earning potential. Your attorney will calculate these damages by examining the severity of your injuries and the work you are likely to be able to do in the future.

Property damage

Damages to your car, computer, cell phone, and other property can be figured into your demand for compensation.

Out-of-pocket expenses relating to the accident

If you incurred additional expenses such as travel to medical treatments, parking fees, car rental fees, and the like, you may be able to recover these in a personal injury lawsuit. Other possibilities are housekeeping or childcare expenses.

Non-Economic Damages

Non-economic damages, also called “general damages,” include pain and suffering and those listed below.

Pain and suffering

As mentioned above, your pain and suffering damages are typically calculated based on your economic damages and the severity of your injury.

Loss of consortium

Loss of consortium is a legal term that describes the loss of a partner or spouse’s physical companionship, including a sexual relationship. If you were injured in such a way that it affects your relationship, you or your spouse could be eligible for these damages.

Loss of enjoyment of life

If your injuries prevent you from enjoying your normal activities or going about your daily routine as you did before, you may be able to recover for loss of enjoyment of life.

How Much is a Personal Injury Settlement Worth in New York?

A settlement or award may range from $25,000 to $250,000 or more.

Factors affecting the total amount depend on the severity of your injuries, your potential fault in the accident, and the availability of insurance coverage. The state of New York does not have caps on personal injury settlements or verdicts, so you can receive the entire amount a jury awards or negotiate for any amount in a settlement agreement.

How Much Does a Personal Injury Lawyer Cost in New York?

Most personal injury lawyers represent clients on a contingency basis. That means you don’t have to pay a lawyer’s fees upfront—you pay only if the lawyer wins your case. At that point, you will pay the contingency fee which ranges from 33 to 40 percent of the total earnings. Other fees including filing fees, expert witness fees, postage and copying charges, and more may be charged separately. Check with your attorney upfront about these.

Is New York a No-Fault State?

New York does have a no-fault law which means that you will be reimbursed by your insurance company for damages in a car accident, regardless of who caused that accident. The amounts paid depend on your insurance policy limits. If these limits don’t go far enough, check with your New York car accident attorney for help.

What Should I Do Immediately After an Accident in New York?

Always move away from danger if you can. Then call 911 for medical help. Next, contact the police if the situation calls for it. (If you were in a car accident or were assaulted.)

You may not think you were seriously injured, but it’s still best to go to the doctor. Some injuries like back and neck strains can take time to develop. Having an official medical record of your visit will help support your case in the future.

Notify your insurance company or your employer as needed, then gather all the information you can at the site of the accident. Finally, contact your personal injury attorney for advice.

What if the Accident Was Partly My Fault?

New York is a pure comparative negligence state. That means that no percentage of fault will bar you from recovering damages. If you were 50 percent at fault, your damages would be reduced by 50 percent. But even if you were 99 percent at fault, you can still recover one percent of the damages.

What Are Punitive Damages?

In some cases, you may elect to bring punitive damages. That means you believe the other party acted in a reckless or particularly egregious manner. Punitive damages are granted to punish the defendant for especially harmful conduct and/or to deter them and others like them from ever behaving that way again.

How Long Will It Take to Settle My Case?

In New York, your personal injury case may take anywhere from 4 months to five years to settle, depending on the type of accident, the complexity of the case, and the severity of your injuries.

Your Trusted Personal Injury Lawyer in White Plains, New York

If you’ve been injured in an accident, contact us today for a free initial consultation. We would be happy to answer your questions and help you navigate the legal process so you can receive the compensation you deserve.

Call us today at 888-480-1123.