New York Personal Injury Lawyer

White Plains Personal Injury Lawyer

The Law Firm of Dominick J. Robustelli & Associates, PLLC was founded by Attorney Dominick J. Robustelli 25 years ago. Mr. Robustelli leads the firm with over 43 years of experience in personal injury law. Our firm represents accident victims in Westchester, Rockland, Orange, Putnam, and Dutchess Counties, as well as clients in all five boroughs of New York City and the entire Hudson Valley. The Law Firm of Dominick J. Robustelli & Associates, PLLC, for the convenience of all clients in the Hudson Valley, has offices in White Plains and Somers in Westchester County and in Monroe in Orange County. Our White Plains office is just blocks from the Westchester County Courthouse. 

Personal Injury

There are countless ways in which a person can sustain injuries, but, in most cases, injuries are caused by an accident that resulted from the carelessness of a person or entity. In New York, a person injured in an accident can recover compensation if he or she can prove that someone else is liable for his or her harm. Generally, compensation is sought in a lawsuit asserting a negligence claim against the defendant. To prove negligence, the injured person and a personal injury attorney in White Plains must show that the defendant owed the person a duty of reasonable care, which the defendant breached through certain actions or a failure to act. The injured person must then show that the breach caused his or her harm and that he or she suffered calculable damages as a result.

Car Accidents

Car accidents are a common occurrence throughout Westchester County and the surrounding areas, often causing significant injuries and property damage. Car accidents are avoidable in most cases and are generally caused by the negligence of one or more of the drivers involved in the accident. If you were injured in a car crash caused by someone else’s negligence, you may be able to recover the cost of medical treatment for any injuries that you sustained in the accident and damages for your pain and suffering, among other damages. In New York, even if you were partly at fault for an accident, you can still recover compensation, although any compensation that you are awarded will be reduced in proportion to your percentage of fault.

Truck Accidents

Commercial trucks are vastly larger than standard passenger vehicles and require additional training and skills to operate. Furthermore, commercial truck drivers are required to comply not only with state laws regarding the safe operation of vehicles but also with Federal Motor Carrier Safety Administration regulations. When truck drivers lack proper training or deviate from the obligations set forth in the regulations, it can lead to catastrophic accidents. If you or a loved one were injured in a truck accident, you may be able to recoup damages from the truck driver. If the driver was employed by a trucking company at the time of the accident, you may be able to pursue claims against the driver’s employer as well. A seasoned White Plains personal injury attorney can advise you on the full extent of your potential claims.

Motorcycle Accidents

Motorcyclists have the same rights as other motorists, and drivers are required to abide by the laws regarding safe following distances, turning, and merging when operating vehicles in close proximity to motorcycles. Motorcycle accidents are common, however, and they usually are caused at least in part by the inattention or recklessness of other drivers. These accidents typically cause more severe injuries than car accidents do, due to the lack of protection provided by motorcycles. Motorcyclists may suffer brain trauma, spinal cord injuries, and other permanent disabilities.

Premises Liability

Under New York law, any person or entity that owns or possesses a property is required to keep the property reasonably safe for people entering the property to protect them from foreseeable harm. Not all people or entities in control of properties comply with this duty, however, and visitors may suffer injuries as a result. If you were injured on someone else’s property, you may be able to assert a premises liability claim against the party in possession of the property at the time of your injury. Generally, to recover damages, a personal injury lawyer in White Plains must show that there was a defective condition and that the possessor of the property knew or should have known of the condition.

Snow and Ice Accidents

Winter conditions can pose challenges to private property owners in maintaining their premises. However, they have a legal obligation to keep snow and ice off any outside areas that they control. If they fail to comply with this duty, a victim who is injured as a result may be able to sue them for compensation. If a property owner complies with the duty, but a dangerous condition remains, they also may be held liable. In some rare cases, a municipality may be held liable for a snow or ice accident, although this generally requires showing that the municipality created the hazard.

Construction Accidents

Industrial equipment, height-related hazards, and large moving objects pose significant threats to workers on construction sites. New York has laws that help protect construction workers by requiring the owners of construction projects to provide safety equipment and inspections to ensure a safe workplace. Specifically, Section 240 requires project owners to institute measures to prevent falls and incidents involving falling objects, while Section 241 focuses on ground safety and required safety equipment. When a person working in the construction industry is injured in an accident due to a violation of Section 240 or 241, the entities that failed to maintain a safe environment can be held liable for the harm caused by the accident.

Product Liability

Most people use an array of products throughout their daily lives, without ever considering that these products could cause harm. Defective products are a common cause of injuries, however, and they can cause substantial damages. In New York, a person who suffers harm due to a defective product can seek compensation from the product’s manufacturer with the assistance of a White Plains personal injury lawyer. There are numerous ways in which a product can be defective, and the nature of the claim asserted and the evidence needed to establish liability will vary depending on the type of alleged defect. For example, a product may be unsafely designed or improperly manufactured, or it may lack sufficient warnings of the risk of harm. Product liability cases are typically complex and require one or more experts to testify regarding the defective nature of the product and how it caused the alleged harm.

Medical Malpractice

When people seek medical care, they anticipate that they will be provided with adequate treatment. Unfortunately, however, health care providers do not always provide appropriate care, and their patients may suffer substantial harm as a result. If you were harmed by inadequate medical care, you have the right to pursue a medical malpractice claim against your care provider. To prove that a health care provider should be held liable for medical malpractice, you must show that the provider deviated from the applicable standard of care, which is the care that a provider with similar training would provide in a similar situation. In most cases, you will need an expert to explain a breach of the standard of care.

Nursing Home Negligence

Many people entrust the care of older family members to nursing homes with the expectation that they will be provided with attentive care. Many nursing homes are understaffed and lack the resources to provide sufficient attention to each resident, however, and this can adversely affect a resident’s health. When a nursing home provides inadequate care, it should be held liable for any harm caused by its negligence. Bedsores, emotional withdrawal, falls, malnutrition, and dehydration are common signs of nursing home negligence. If you believe that a loved one has suffered harm due to nursing home negligence, you should consult a personal injury lawyer in White Plains to discuss your potential claims.

Dog Bites

In New York, if a dog bites a person, the dog’s owner can be held liable for the harm caused by the bite. In cases in which the dog is a “dangerous dog,” the owner will be held strictly liable for the cost of treating the injuries caused by the bite, regardless of whether the dog’s owner was negligent. If the dog is not a “dangerous dog,” the injured person must show that the owner knew or should have known that the dog had a tendency to bite. In many cases, the dog’s owner will attempt to avoid liability by arguing that the dog was provoked or that the injured person was trespassing at the time of the bite.

Discuss Your Case with a Knowledgeable Personal Injury Attorney

If you or a loved one has suffered harm due to the careless conduct of someone else, you should speak with a seasoned attorney regarding your potential claims. Dominick J. Robustelli is a personal injury attorney in the White Plains area with over four decades of experience assisting injured people in the pursuit of damages, and he can zealously advocate on your behalf. Mr. Robustelli’s offices are located in White Plains, Monroe, and Somer. He serves victims in Westchester, Dutchess, Rockland, Putnam, and Orange Counties, as well as in New York City.

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