Buffalo Personal Injury Lawyer

Trusted personal injury lawyers with over 50 years of experience.

When someone else’s negligence leaves you seriously injured in Buffalo, the consequences can be severe. Hurwitz, Whitcher & Molloy has been representing injured clients in Western New York for more than 50 years. Our Buffalo, NY personal injury lawyer can assess your case, handle the insurance negotiations, and pursue the compensation you are owed. Contact us to get started.

Personal Injury Lawyer Buffalo, NY

Personal injury law applies when one party’s carelessness, recklessness, or intentional act causes physical harm to another. Under New York’s civil liability framework, the injured person, the plaintiff, has the right to seek compensation from the party at fault. That compensation can cover medical treatment, lost income, pain and suffering, and other documented losses.

But having a valid claim and recovering fair compensation are two different things. Insurance carriers staff entire departments to challenge causation, dispute the extent of injuries, and delay payment. A personal injury attorney in Buffalo, NY manages that process, negotiating from evidence, and taking the case to trial when a fair resolution is not available.

Types of Personal Injury Cases We Handle in Buffalo 

We represent individuals throughout Buffalo and Erie County in a broad range of injury claims. The facts of the accident shape the legal strategy, and no two cases follow the same playbook.

• Car accidents. Auto collisions remain one of the most frequent sources of serious injury claims in Western New York. According to NHTSA data, more than 39,000 people were killed in traffic crashes nationally in 2024. New York’s no-fault system covers initial medical costs and a portion of lost wages, but if your injuries meet the “serious injury” threshold under Insurance Law § 5102(d), you can pursue a tort claim against the at-fault driver for additional damages, including pain and suffering.
  
• Motorcycle accidents. Without the structural protection of a car, motorcyclists suffer disproportionately severe injuries in crashes such as fractures, spinal cord damage, traumatic brain injuries. Insurers frequently place blame on the rider before the facts have been established. Early legal involvement changes how that conversation goes.
  
• Truck accidents. Commercial vehicle collisions involve federal safety regulations, multiple parties who may share liability, and evidence that must be preserved before trucking companies can overwrite electronic data or repair vehicles. The injuries in these cases tend to be catastrophic.
  
• Construction accidents. Buffalo construction workers injured on the job may have both a workers’ compensation claim and a third-party personal injury case. New York Labor Law §§ 240 and 241 impose specific duties on property owners and general contractors, creating liability that goes beyond ordinary negligence.
  
• Slip and fall accidents. Property owners in New York are required to maintain reasonably safe premises. A fall caused by a wet floor, broken staircase, or icy sidewalk can result in fractured bones, herniated discs, or head injuries. The key issue is whether the owner knew or should have known about the dangerous condition.
  
• Dog bites. New York uses a mixed liability framework. Owners are strictly liable for the victim’s medical costs. But recovering non-economic damages such as pain and suffering, disfigurement, and emotional distress requires showing the animal had a known dangerous propensity.
  
• Medical malpractice. When a doctor, surgeon, or hospital provides care that falls below accepted standards and causes harm, the patient may have a malpractice claim. These cases require qualified medical testimony and carry a two-and-a-half-year statute of limitations, shorter than the three-year deadline for most other personal injury claims in New York.
  
• Wrongful death. If negligence causes a fatality, the personal representative of the estate can file a wrongful death action. Damages include funeral expenses, lost financial support, and loss of parental guidance. The statute of limitations is two years from the date of death.
  

Why Choose Hurwitz, Whitcher & Molloy for Personal Injury in Buffalo, NY? 

A Firm Built on Injury Law

Michael J. Whitcher has concentrated his practice in personal injury and workers’ compensation since joining the firm in 1992. He was admitted to practice in New York in 1986, graduated magna cum laude from the University at Buffalo, and earned his J.D. from UB Law School. He is a member of the New York State Bar Association, the Bar Association of Erie County, and the Torts, Insurance and Compensation Law Section of the NYSBA.

Melvyn L. Hurwitz founded the firm and has practiced in Western New York since 1962. He established the firm’s reputation for handling workers’ compensation claims — cases that frequently overlap with personal injury when a workplace accident involves third-party fault. Kathleen A. Molloy, with the firm since 1994, handles workers’ comp and Social Security Disability cases that often arise alongside personal injury matters.

Hurwitz, Whitcher & Molloy has helped clients recover millions of dollars across injury and workplace accident claims. When liability is contested, medical evidence is in dispute, or the insurer will not make a fair offer, we have the litigation record to take the case further.

Personal Injury Case Overview 

Damages, Liability, and Compensation for Personal Injury Cases

New York personal injury law divides recoverable damages into three categories. 

Economic damages cover losses with a specific dollar value. Medical bills — past, present, and projected future treatment. Lost wages from missed work. Diminished earning capacity if the injury prevents you from returning to the same occupation. Rehabilitation costs. Out-of-pocket expenses like transportation to medical appointments. Proving these losses requires documentation: hospital invoices, pay stubs, tax returns, and sometimes testimony from a vocational or economic professional.

Non-economic damages compensate for losses that do not come with a price tag. Pain. Suffering. Emotional distress. Loss of enjoyment of activities you used to take for granted. Loss of consortium for a spouse. New York does not impose a cap on non-economic damages in most personal injury cases, so the value of this portion of a claim often turns on how the evidence is presented to a jury.

Punitive damages exist in theory but are awarded infrequently. New York courts will consider them only when the defendant’s behavior was so reckless or intentional that it amounted to a conscious disregard for the safety of others. The purpose is to deter, not to compensate.

New York follows a pure comparative negligence rule. Under CPLR Article 14-A, a plaintiff can recover even if partially at fault. The award is reduced by whatever percentage of fault the jury assigns to the plaintiff. Thirty percent at fault means a 30% reduction. This rule makes it possible to recover in cases where other states would bar the claim entirely.

Important Aspects in Your Personal Injury Case

Several procedural rules can affect the outcome of your case, and some of them carry deadlines that cannot be extended.

• The statute of limitations for most personal injury claims in New York is three years. Medical malpractice cases have a shorter window: two and a half years. Wrongful death must be filed within two years of the date of death.
• If the at-fault party is a municipality or government entity, you must serve a notice of claim within 90 days of the incident. The lawsuit itself must be filed within one year and 90 days.
• In motor vehicle cases, New York’s no-fault law requires the plaintiff to demonstrate a “serious injury” before pain and suffering damages become available. The categories are defined by statute, and insurers contest them aggressively.
• Evidence has a shelf life. Surveillance footage gets recorded over. Witnesses relocate or forget details. Medical records are most persuasive when treatment is sought promptly and documented thoroughly.
• Recorded statements requested by insurance adjusters in the days after an accident are not casual conversations. They are evidence-gathering tools designed to create inconsistencies that can be used against you.

Personal Injury Case Timeline

Every case has its own pace, but most personal injury claims in Buffalo follow a recognizable arc.

• Weeks 1–4: Medical treatment begins. The accident is reported to all relevant insurers. You consult with a personal injury attorney to evaluate the claim.
• Months 1–6: Your attorney investigates — gathering medical records, obtaining the accident report, interviewing witnesses, and identifying liable parties.
• Months 6–12: Treatment reaches a plateau or maximum medical improvement. A demand package is assembled and sent to the insurer. Negotiations begin.
• Months 12–24+: If the insurer will not agree to a fair settlement, a lawsuit is filed. Discovery, depositions, and pretrial motions follow.
• Trial or resolution: Most cases settle. Those that don’t are decided by a jury or resolved through mediation.

What to Bring to Your Personal Injury Consultation

The more documentation you bring to the first meeting, the faster we can evaluate your case.

• Photographs of the accident scene, your injuries, and any property damage
• The police report or incident report, if one exists
• Medical records, imaging results, and treatment notes from every provider
• Pay stubs and employer correspondence showing lost income
• All communications from the insurance company — letters, emails, and any settlement offers

We will review these materials, explain the strengths and weaknesses of your claim, and lay out a path forward. If you have been working with another attorney and are considering a change, bring whatever filings you have from that relationship.

New York Legal Resources for Personal Injury

These resources cover the statutes and procedures most relevant to personal injury claims in New York.

• CPLR § 214 — Filing Deadlines — the official text of New York’s three-year statute of limitations for personal injury actions.
• CPLR § 214-A — Malpractice — the statutory deadline for medical, dental, and podiatric malpractice claims.
• Insurance Law § 5102 — New York’s no-fault insurance threshold for pursuing a tort claim after a motor vehicle accident.
• NHTSA Crash Data — federal data on motor vehicle crash fatalities, injury rates, and traffic safety.
• OSHA Worker Rights — workplace safety standards and employee rights, relevant when a personal injury arises from an on-the-job accident.
• New York State Bar Association — attorney search tools and legal process information for New York State.

New York gives you three years to file most personal injury lawsuits. Medical malpractice carries a two-and-a-half-year deadline. Wrongful death allows two years. Claims against government entities require a notice of claim within 90 days. Comparative negligence permits recovery even when the plaintiff bears partial fault, though the award is reduced proportionally.

Reach Out to Hurwitz, Whitcher & Molloy to Schedule a Consultation

If you were injured in Buffalo, NY, because of someone else’s negligence, every week without legal representation is a week the insurer uses to build its defense. Hurwitz, Whitcher & Molloy has spent more than five decades handling injury claims in Western New York. We understand the local courts, we know how carriers operate, and we have the trial record to back up our demands. Contact our office to schedule a consultation.