Mount Pleasant has a mix of suburban, urban, and rural areas, allowing for many different types of accidents and risks. Combining multiple smaller villages in the Hudson Valley, like Thornwood, Valhalla, Hawthorne, Pleasantville, Sleepy Hollow, and Archville, there are many different communities within the 44,000+ population of Mount Pleasant who might face injuries at work, while commuting, or even while working in their backyard with power tools.
If you or a loved one was hurt in Mount Pleasant, Westchester County, our attorneys may be able to help you with your case. We fight for injury victims in all sorts of cases, seeking compensation for their medical bills, lost wages, and – importantly – pain and suffering damages.
For help with your injury case, reach out to our personal injury lawyers at The Martello Law Firm by calling (914) 685-6950.
Car Accident Lawyer in Mount Pleasant, NY
Mount Pleasant sees three major highways – the Taconic State Parkway, Sprain Brock Parkway, and Saw Mill River Parkway – all meet up near Hawthorne. In addition, we have Route 9 and Route 117, along with dozens of poorly lit backroads and dozens more in-town streets. Car accidents can happen on all sorts of roadways, with different risks and dangers on each.
In any case, New York’s car accident laws are a bit confusing and complex. You typically cannot sue for a car accident unless your injuries qualify as “serious” by involving a broken bone, permanent injury, or injury that will be disabling for 90 of the next 180 days. Only then can you file a lawsuit against the driver who caused the crash.
Otherwise, the rest of your damages for medical bills and lost wages will be paid by your own insurance, subject to certain caps and deductibles. Pain and suffering damages – which can be a huge part of your case – are only available in claims against the at-fault driver, which means you need “serious” injuries to get them.
Our attorneys can help you prove that your injuries meet this standard, and we can calculate damages so that you know how much to claim in your case. We can also advise you on any settlement offers you receive, letting you know if it is worth it to settle or if it is better to press your case and take it to court.
Truck Accident Lawyer in Mount Pleasant, Westchester County
Trucks often pose a more significant danger on the road than cars. Because of the sheer mass and size of 18-wheelers, a crash with one of these trucks can leave the victims in a smaller car with serious injuries. When you file a lawsuit for a crash with a semi-truck, you can also often file against the truck driver’s employer.
When suing an employer for a truck crash, you can do so on two theories. First, you can hold them liable for their own mistakes, such as negligent hiring of a dangerous driver, problems with their truck’s upkeep/maintenance, and more. Second, you can hold them liable in their role as the driver’s employer, getting damages paid by the company instead of the individual trucker. This second path is only available as long as they were, in fact, the employer and the trucker was not an independent contractor, and so long as the accident happened while the trucker was on duty and doing work for this employer.
Lawsuits against trucking companies can often recover higher damages, given that the damages are often more severe and the trucking company is often better situated to pay damages compared to the individual trucker. However, these cases are also harder, given that insurance companies often fight harder against bigger payouts, and trucking companies might hire their own legal teams to try to shut down these kinds of cases. In any case, our personal injury lawyers are prepared to go up against large trucking and delivery companies for our clients.
Boat Accident Lawyer in Mount Pleasant
There is only really one place to launch a boat from a dock in Mount Pleasant: the Philipse Manor Beach Club. Even so, there are other marinas and launches to the north and south, and tugs and shipping vessels do still use the Hudson River for shipping cargo. Accidents involving these ships, pleasure boats/speed boats, and tour boats could leave people with injuries that they need to sue for.
In many cases, lawsuits for accidents on the water need to be filed in certain courts, but our lawyers can help to negotiate settlement agreements and file in the right courts to get your case heard if the case cannot be settled.
Slip and Fall Accident Lawyer in Mount Pleasant
Mount Pleasant gets cold in the winter, with average lows of 22 and 24 degrees in January and February and an average of 8 and 6 days of rain. We ultimately get an average of around 30 inches of snow every year. As such, slip and falls on icy and snowy sidewalks are a common concern. Property owners are required to keep their sidewalks, walkways, and parking lots free of ice and snow to help avoid injuries, and when they fail to do so, victims may be entitled to sue the homeowner or store owner for their injuries. This is especially concerning at train stations like the one at Philipse Manor, where there are big stairs over the tracks that you could slip on, and a slip and fall next to the tracks could mean falling directly onto the tracks.
On top of this, people can be injured in all sorts of other kinds of slip and fall cases, from slipping in a spill in a bar/restaurant, in a grocery store, or even in the entryway of an office or store on a rainy day. Property owners should clean up spills and dangers quickly and put up signs warning guests of spills or recently mopped floors.
If they fail to keep people safe this way, the injury victims could be entitled to damages for serious head and back injuries, broken bones, and other injuries sustained in the fall.
Premises Liability Lawyer in Mount Pleasant
The overall area of personal injury law that slip and falls lands under is known more broadly as “premises liability” cases. Like with slip and falls, these cases deal with injuries on someone else’s property and dangers or hazards that were left there without warning. This could also cover things like trip and falls as well as injuries from structural collapses, broken handrails, falls from heights, electrocution/electric shock, fires, and more. Sometimes dog bites are even included in this practice area.
Our attorneys can help hold property owners and operators liable for these kinds of accidents. These cases are often filed against apartment operators for accidents in common areas, such as dangerous lack of lighting in a stairwell or missing/defective smoke detectors, fire doors, and other tools to keep people safe in the event of a fire.
Medical Malpractice Lawyers in Mount Pleasant, Westchester County
When you seek out medical care for a condition or injury, you expect that the medical staff will address your needs, properly diagnose your condition, issue the right treatment, and carry out any procedures or operations correctly to help you get better. However, mistakes can happen anywhere along that line of treatment, potentially resulting in untreated conditions, worsened conditions, and lost chances at recovery.
Misdiagnosis and wrongful diagnosis are some of the most common issues, where doctors fail to figure out what is wrong with you, often because they failed to run tests that they should have. Wrongful diagnosis can often be worse because the original condition you actually have goes untreated, plus you might get treatment for a condition you do not have.
Mistakes and errors with anesthesia, medication, and actual surgery can also be quite dangerous or even fatal. In some cases, patients find sponges or tools were mistakenly left inside after a surgical procedure, causing them problems for years. In some cases, doctors and hospital staff even affirmatively try to calm the fears of patients, effectively lying to them – whether intentionally or not – and making it harder for them to discover their condition, injury, or retained tool.
Our lawyers can help with these cases, as well as cases of birth injuries, medication errors, and psychological malpractice, whether you were treated here in Mount Pleasant at Westchester Medical Center or Phelps Hospital or at another nearby center.
Work Injury Lawyers in Mount Pleasant, NY
There are many different industries and jobs to be had throughout Mount Pleasant, and workers could be injured in all sorts of accidents. In many cases, a work injury case is going to be just like any other case discussed above, where the victim sues some third party for an accident that they caused. For example, if you were hurt in a slip and fall while running errands for work, you can sue that store for your slip and fall; if you were hit by a car while delivering pizzas, you can sue the driver who hit you.
One problem with these cases that often arises is that you cannot typically sue your employer unless they were factually liable for the accident and there was some safety regulation that they violated that allows you to sue them. Otherwise, lawsuits are barred against employers and have to be filed against other parties.
Wrongful Death Lawyers in Mount Pleasant, NY
If your loved one passed away in the town of Mount Pleasant because of an accident or injury discussed above, our lawyers may be able to help you pursue compensation. When there is an unexpected death from an injury, we collectively call the case a wrongful death case, but there are actually two potential cases to file.
First, in a wrongful death lawsuit, the family sues the at-fault party for their own damages. This can cover things like the lost wages the family will no longer receive and the costs of funeral and burial expenses. These damages cannot include pain and suffering damages for the family.
Second, in a survival action, the lawsuit that the victim would have been able to file survives them and passes to the estate. This case can be filed to recover pre-death damages, including the victim’s pain and suffering for their fatal injury. You can also recover pre-death lost wages and hospital bills, which might be high if they spent weeks or months in the hospital after the accident before succumbing to the injuries.
In both cases, the actual lawsuit is filed by the victim’s personal representative. Also known as an “executor,” this is a person named in their will to handle these kinds of issues. If they have no will, the court can appoint a personal representative to take care of these lawsuits, often a family member or trusted lawyer.
Damages for Injury Victims and Their Families in Mount Pleasant, Westchester County
The damages you can claim in your injury case will vary depending on the specific facts of the case and the harms involved. Most cases involve some sort of medical expenses as well as time away from work, resulting in lost wages. Other economic damages can also broadly cover any expenses related to the injury, such as vehicle damage in a car accident case or childcare expenses while you recover in the hospital.
On top of these damages, you can sue for pain and suffering. This is a broad area of “non-economic” damages that can pay you for the physical, mental, and emotional experiences you faced. Sometimes these damages are barred, such as in car accident claims without “serious” injuries, but you should always talk to a personal injury lawyer about how to get these damages because they can often total at least as much as the other “economic” damages in your case.
Call Our Personal Injury Lawyers in Mount Pleasant, NY Today
If you were injured in an accident, call our personal injury attorneys at The Martello Law Firm for a free case review by dialing (914) 685-6950.