If you suffered an injury in Yonkers, New York, you need clear guidance about your rights, options, and next steps. At Ahearne Law Firm PLLC, we focus on helping injured people understand how to protect their recovery and pursue compensation for medical bills, lost wages, pain and suffering, and other losses. This page outlines the personal injury process in plain language, common scenarios residents face in Westchester County, and the ways our firm approaches each case with practical attention to the evidence, deadlines, and negotiations that affect outcomes for our clients.
Hiring a law firm to handle a personal injury claim often leads to better-organized evidence, more accurate valuation of damages, and steadier communication with insurance carriers. Legal representation helps ensure important deadlines are met, that medical records and bills are gathered correctly, and that your claim is presented in a way that accounts for both immediate and long-term effects of the injury. A well-managed claim reduces stress for the injured person and increases the chance of achieving fair compensation that reflects ongoing medical needs and lost earning capacity.
Negligence is a legal concept meaning that someone failed to act with reasonable care, and that failure caused injury. In practical terms, negligence can include actions like texting while driving, failing to clear a hazard on a property, or not maintaining safe equipment. To succeed on a negligence claim in New York, the injured person must show that the responsible party owed a duty of care, that the duty was breached, and that the breach directly led to harm and measurable losses such as medical bills or lost wages.
Damages refer to the money an injured person can pursue to compensate for losses caused by another’s actions. This can include medical expenses, lost income, costs for future care, and compensation for pain and suffering. In some situations, property damage may also be part of the claim. Properly calculating damages requires review of medical records, employment information, and projections for ongoing needs, all of which help establish a fair settlement or court award that reflects the full impact of the injury.
Comparative fault is a rule that reduces recovery if the injured person is partly to blame for the accident. In New York, the amount of compensation can be decreased in proportion to the injured person’s share of fault. For example, if a jury finds someone 25 percent at fault, their total recoverable damages are typically reduced by that percentage. Understanding how comparative fault could apply to your case is important when assessing settlement offers and deciding whether to pursue litigation.
A statute of limitations sets the deadline for filing a lawsuit after an injury occurs. In New York, most personal injury claims must be filed within a set period, and missing this deadline can bar recovery entirely. There are exceptions and special rules for certain cases, such as claims against municipalities, minors, or medical malpractice, so it is important to check the applicable timeline promptly. Early investigation and action help preserve legal options and the ability to file suit if negotiations do not resolve the claim.
After an accident, gather contact information for witnesses, take photos of injuries and the scene, and keep all medical bills and records. Prompt documentation preserves evidence that can later support your claim and clarify what happened. Clear records also help with insurance claims and with explaining the timeline to legal counsel or a claims adjuster.
Always obtain medical attention after an injury, even for symptoms that seem minor at first, and follow your doctor’s recommendations for treatment. Medical records form the foundation of a personal injury claim and demonstrate the link between the accident and your injuries. Consistent treatment notes strengthen the claim and help document any ongoing needs or rehabilitation.
Do not provide recorded statements to insurance companies without consulting counsel, because early statements can be used to limit or deny your claim. Insurance adjusters may try to obtain details that later become disputed. Discussing the case with legal counsel first helps ensure your account is presented accurately and that sensitive information is protected during negotiations.
Cases involving serious injuries and significant future medical needs often require detailed investigation, medical consultation, and long-term damage assessments to pursue a fair outcome. A thoughtful approach includes consulting treating physicians, economists, and other professionals to build a complete picture of future care and lost earning capacity. Thorough case preparation makes it more likely that settlements or awards reflect both present and anticipated needs over time.
When fault is contested or multiple parties are involved, thorough legal work helps assemble evidence, take witness statements, and analyze technical records such as accident reconstructions or surveillance. Addressing complex liability issues requires careful coordination of documents, depositions, and court filings to preserve claims and rebut opposing positions. Detailed preparation positions a client better for fair negotiations or courtroom resolution when disputes cannot be resolved informally.
For minor injuries that resolve quickly and have clear liability, limited assistance such as document review and settlement negotiation may be appropriate. In these situations, gathering medical records and obtaining repair or wage documentation can support prompt settlement without prolonged litigation. A focused approach saves time while still protecting the injured person’s right to recover reasonable compensation for their losses.
If fault is undisputed and damages are modest, a streamlined handling of the claim often yields a practical resolution. The process typically centers on compiling bills, medical notes, and lost income records, then negotiating a settlement based on those documented losses. This approach aims to achieve a fair payment efficiently without the time and expense of full-scale litigation when it is not needed.
Car and truck accidents in Yonkers often lead to personal injury claims when drivers fail to exercise safe care or traffic laws are violated. These cases typically require investigation into accident reports, witness statements, and medical treatment records to establish fault and damages.
Slip and fall claims arise when property owners do not maintain safe premises or fail to address hazards in a reasonable time. Establishing responsibility often involves showing that the property holder knew or should have known about the hazardous condition and did not act to prevent the injury.
Injuries related to workplace accidents, defective products, or public transportation incidents may create claims against employers, manufacturers, or transit agencies. Each case requires evaluation of the facts and applicable legal rules to identify responsible parties and seek appropriate compensation.
Ahearne Law Firm PLLC has a long history of representing injured people in Westchester County, with an emphasis on clear communication and careful case development. Allan J. Ahearne, Jr. is committed to listening to clients, reviewing medical and accident records promptly, and explaining the available options in understandable terms. The firm strives to handle negotiations and, when necessary, court matters efficiently so clients can concentrate on recovery while legal details are managed on their behalf.
After an injury, seek medical attention promptly even if symptoms seem mild, because some conditions worsen over time and medical documentation is essential for any claim. Collect contact details for any witnesses, take photographs of the scene and injuries, and keep all receipts and records related to treatment and expenses. If police respond, obtain a copy of the incident or accident report when available, and note the names of responding officers and report numbers. Notify your insurance company as required by policy terms, but avoid providing detailed recorded statements before consulting legal counsel, as early statements can affect later negotiations. Preserve clothing, damaged property, and any other physical evidence tied to the incident, and write down your recollection of events while memories are fresh. If possible, contact a law firm to discuss options and ensure you meet any relevant filing deadlines under New York law.
In New York, the general statute of limitations for most personal injury claims is two years from the date of the injury, but there are exceptions and special rules that can extend or shorten that period depending on the circumstances. Claims against governmental entities, claims involving minors, and some medical-related matters may follow different timelines or require procedural steps before a lawsuit can be filed. Missing the applicable deadline can permanently bar the claim, so it is important to verify the timeline early in the process. Because deadlines vary based on the facts, seek legal guidance promptly to determine which timeframe applies to your situation and whether any actions are needed to preserve your right to sue. Early investigation can also help secure evidence, identify responsible parties, and prepare documentation that supports a timely filing should litigation become necessary.
Whether medical bills are covered while a claim is pending depends on insurance coverage, the type of care, and the specifics of the claim. Health insurance and automobile medical payment coverages may pay for treatment initially, and those carriers may seek reimbursement from any recovery later. In some cases, personal injury protection (PIP) or other policy provisions will cover immediate medical expenses, but coordinating these sources requires careful record-keeping and communication with medical providers and insurers. It is important to keep detailed bills, explanations of benefits, and documentation of payments related to treatment, because these records are needed to prove economic damages. If you have questions about how treatment will be paid for or about potential liens from insurers or providers, consult with legal counsel to understand obligations and options for resolving reimbursement issues from any eventual settlement or award.
Fault in a car accident is determined by examining the actions of each driver against the standard of reasonable care and applicable traffic laws. Evidence such as police reports, traffic citations, eyewitness statements, photographs, and vehicle damage patterns are used to reconstruct events and determine who acted negligently. Investigators may also review cell phone records or video footage when available to understand distraction or other contributing behavior. New York applies comparative fault when determining recovery, meaning that if more than one party shares responsibility, any award can be reduced to reflect the injured person’s percentage of fault. Establishing clear evidence and a persuasive timeline helps minimize a client’s share of fault and supports a stronger claim for full compensation for medical costs, lost income, and other damages.
Personal injury damages commonly include economic losses such as medical expenses, rehabilitation and therapy costs, lost wages, and property damage. Non-economic damages may include compensation for pain and suffering, emotional distress, and diminished quality of life. In cases involving permanent impairment or long-term care needs, future medical expenses and lost earning capacity are also considered in calculating a fair recovery. The exact types and amounts of damages depend on the severity of the injury, medical documentation, employment records, and projections about future needs. Proper documentation and professional assessments are important to ensure damages reflect both immediate and long-term consequences of the injury, and to support negotiations with insurers or presentations to a court.
You are not required to provide a recorded statement to the other party’s insurer, and doing so without legal advice can sometimes harm your claim. Insurers may request recorded statements early in the claim process to document your account and look for inconsistencies that can be used to reduce or deny compensation. It is often wise to consult with legal counsel before agreeing to a recorded statement so you understand your rights and how to protect your claim. If you do speak with an insurer, keep your account concise and factual without volunteering unnecessary details. Inform your own insurer of the incident as promptly as your policy requires, but consider seeking legal input before statements that could affect liability or damages are given to opposing carriers.
If you were partially at fault for an accident, New York’s comparative fault rules may reduce the amount of damages you can recover in proportion to your share of responsibility. For example, if a court finds you 20 percent responsible, your recoverable damages would typically be reduced by that percentage. Assessing fault percentages often depends on evidence such as accident reports, witness testimony, and physical indicators at the scene. Even when partial fault applies, injured people can often recover a significant portion of their damages, so it is important to present strong documentation that minimizes your share of responsibility. Legal counsel can help evaluate the evidence, challenge inaccurate fault assessments from insurers, and seek a settlement or verdict that accounts fairly for the relative actions of all involved parties.
The time it takes to resolve a personal injury claim varies with the complexity of the case, the severity of injuries, and whether liability is contested. Simple claims with clear liability and modest damages may settle within a few months, while cases requiring medical treatment to reach maximum recovery, detailed investigations, or litigation can take a year or longer. Litigation introduces court schedules and discovery processes that extend the timeline beyond typical settlement discussions. Patience is often required to reach a fair outcome, particularly when future medical needs must be evaluated. Timely and organized case management, consistent communication with medical providers, and proactive negotiation strategies can reduce unnecessary delays and help move a claim forward toward resolution while protecting a client’s rights and recovery interests.
Handling a minor injury claim on your own can be appropriate in straightforward situations with clear liability and small, well-documented damages. For claims that involve limited medical expenses and quick recovery, a self-managed approach focused on gathering bills, receipts, and repair invoices may result in a reasonable settlement without legal fees. Being organized and communicating clearly with insurers helps when you handle such matters personally. However, even small claims can involve complications like disputed fault or third-party issues that affect recovery. If you encounter resistance from an insurer, unclear liability, or unexpected medical developments, consultation with a law firm can help protect your interests and ensure any settlement reflects the full extent of your losses before you accept an offer.
To start a claim with Ahearne Law Firm PLLC, contact the office by phone at the number listed or use the online contact form to schedule a consultation. During the initial intake, the firm will ask about the incident, your injuries, and available documentation such as medical records and police reports, and will explain potential next steps, including evidence preservation and communication with insurers. The firm aims to respond promptly and begin gathering necessary records to protect your claim. After the initial meeting, the firm can assist with document collection, negotiation with insurance carriers, and, if needed, filing suit while keeping you informed throughout the process. The focus is on practical case management, clear updates, and pursuing appropriate compensation so you can concentrate on recovery while legal matters are handled efficiently on your behalf.
Explore our injury practice areas
⚖️ All Personal Injury Services