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Personal Injury Lawyer Buffalo, NY

Personal Injury Lawyer Buffalo, NY

Personal Injury Lawyer Buffalo NY 

New York law allows accident victims who are injured as a result of another party’s negligence or recklessness to pursue damages in order to recoup the financial losses they have suffered. Most people are aware that victims are entitled to compensation for the medical expenses they incur to treat their injuries, as well as lost wages if they were unable to work while they recovered. These are referred to as economic damages because they usually have an actual dollar value attached to them. However, victims are also entitled to financial compensation for non-economic damages. These damages the factors that the victim has had to deal with since they were injured. A personal injury lawyer Buffalo, NY clients recommend from Hurwitz, Whitcher & Molloy, LLP can help you get the financial compensation you deserve if you have been injured because of another person’s negligence.

Some of the Most Common Personal Injury Accidents

There are many different reasons that someone may decide to file a personal injury lawsuit. Some of the most common things include: 

  • Dog bite injuries: These can occur on personal property or public property. If a dog is not under the owner’s control, then the owner may be held liable for the injuries sustained. 
  • Car accident injuries: Car accidents are incredibly common. You should always speak with a lawyer before accepting an insurance payout, as you may be entitled to more damages than you are offered. 
  • Truck accident injuries: Truck accidents are often more devastating than typical car accidents because of the size of the vehicle involved. You will likely be entitled to more compensation in a truck accident than a regular car accident. 
  • Medical malpractice: Medical malpractice cases can be particularly scary because you go to the doctor to fix you and help your health, not make it worse. They may be more likely to grant pain and suffering damages or other damages that have to do with giving you anxiety or emotional discomfort. 
  • Wrongful death claims: A wrongful death claim can be filed by the surviving family of the lost loved one. They are incredibly traumatic, but also very necessary for the family to file so that they do not miss out on financial damages because of the accident. 
  • Product defect cases: Product defect cases can be difficult to prove, which is why you need an experienced lawyer on your side. Your lawyer can show how the product was meant to function and how it harmed the injured party. 

Really, any injuries that were caused due to the negligence of one party can be included in a personal injury case. You should not have to be held financially responsible for something that was outside your control. Your life should go back to being as close to normal as possible after being involved in this accident. You should always speak with a personal injury lawyer if you have any questions – he or she will be able to look at the details surrounding your case to determine whether or not it is worth pursuing. 

Techniques Used to Prove a Case

It is always important to have proof in a personal injury case so that you have a stronger chance of winning. Your personal injury lawyer will know how to collect evidence that a judge will find fair in court. Some evidence that a lawyer will collect may include witness testimonies, photos from the scene of the accident, written texts or emails about the accident with the at-fault party, or even expert witnesses.

Pain and Suffering

Pain and suffering is one of the major non-economic damages that victims receive in a settlement or award. Pain and suffering is not only the physical pain the victim struggled with, but can also include the emotional and mental health pain they endured or are still enduring. An example of emotional pain could be a car accident victim who suffers from anxiety and depression after they have been seriously injured in a crash. Another example is a victim of a dog attack who suffers from post-traumatic stress disorder (PTSD) even after their physical injuries have healed.

As a Buffalo, NY personal injury lawyer can explain, however, it would be almost impossible for a victim to be awarded damages for pain and suffering if they have not obtained any medical treatment. Just like the claim of any physical injures, the victim needs to provide proof of the effect their injuries have had on them. This is why it is essential for accident victims to seek out medical advice after they have been in an accident. They should also document any symptoms they have, both physical and emotional, which can then be used later on as evidence in their case.

Calculating Non-Economic Damages

As mentioned above, economic damages have a concrete dollar value. Your attorney will add up all of your medical expenses and this will be the amount you are entitled to. He or she will add up how many paychecks you did not receive as you recover and that will be the amount you are entitled to. But damages for pain and suffering, just like other non-economic damages, does not have a concrete dollar amount and needs to be calculated another way. Two of the most common ways to arrive at the amount a victim should receive for pain and suffering are the per diem method and the multiplier method.

With the per diem method, your attorney will take the number of days you have suffered from your injuries and multiply it by a daily rate. This daily rate is usually based on what your daily rate of pay from your job would be. For example, a person who earns $20.00 per hour would have a daily rate of $160.00.

With the multiplier rate, the total amount of economic damages you receive is multiplied by a number from a scale of pain between one and five. One is for minor injuries, up to five for severe injuries.

Were You Injured Because of Someone Else’s Negligence?

If someone injures you deliberately, that is assault. In that case, you would swear out a criminal complaint. However, if someone injures you out of carelessness and there was no criminal intent, that is cause for a personal injury lawsuit. 

A personal injury lawsuit can arise over a wide range of issues. Vehicle accidents are the most common. A personal injury lawyer in Buffalo NY can explain all possible scenarios under state law, but the following come up frequently:

  • Medical malpractice
  • Defective products
  • Improperly rendered services
  • Slip and fall accidents
  • Workplace accidents

An injury lawsuit may also be filed over non-physical injuries, such as loss of reputation through slander or libel. Often, there are issues with insurance companies as well, when they balk at paying out legitimate claims.

Establishing Liability

To prove a defendant was responsible for your injury, four questions must be answered:

  • Were you injured, and can you prove the extent of the injury? (This is why medical records are vital).
  • Did the defendant owe you a duty of care? For example, should the motorist have maintained their brakes, or kept their eyes on the road?
  • Did the defendant fail in said duty? Was the motorist distracted or intoxicated, or did an employee neglect to put up warning signs or barricades?
  • Did you suffer economic loss as a result of the accident?

If the answer to all four questions is “yes,” you have a viable case and a personal injury lawyer in Buffalo NY can help you.

Establishing Liability in Personal Injury Infographic

Filing Your Claim

Following your accident, your first step is to gather as much evidence as possible. This includes photos or videos, police and medical records, and contact information for any witnesses. In addition to evidence, you should have records of all expenses you have incurred as well as the name of the defendant’s insurer.

Once you have as much evidence as possible, it is time to speak with a personal injury lawyer in Buffalo NY. Keep in mind that New York has a three-year statute of limitations on personal injury claims, so contact an attorney as soon as possible.

Moving Forward

While litigation makes for great television drama, the fact is that very few injury cases go to trial. Before that happens, both parties attempt to come to a settlement. One thing to keep in mind about a settlement is that both parties agree in writing not to discuss the case afterward.

Call Our Office Today

If you have been injured in an accident, contact Hurwitz, Whitcher & Molloy, Attorneys at Law to schedule a free and confidential consultation with a personal injury lawyer in Buffalo, NY to find out how we can get you the compensation you deserve.

How to Choose the Right Personal Injury Lawyer

If you were injured in an accident caused by someone else, one of your next steps should be to hire a personal injury lawyer in Buffalo, NY. He or she can help you file a timely lawsuit and ensure your rights are protected. Here are a few tips for selecting the right lawyer.

  • Make Sure a Lawyer Has the Right Experience: Not all personal injury lawyers specialize in the same types of cases. Some may specialize in car accident cases, for instance, while others may specialize in product liability. It’s important to hire a lawyer who has experience handling cases similar to yours. If you were hurt in a car accident, you don’t want to work with a lawyer who only has experience with medical malpractice.
  • Observe How a Lawyer Communicates with You: During your initial consultation with a lawyer, pay careful attention to how he or she interacts with you. Does he or she ask you many questions and seem genuinely interested in your case? Or does he or she just seem to be going through the motions? If it’s the latter, you may want to look into getting a different lawyer. It’s critical to work with a lawyer you get along and feel comfortable with. Your lawyer should be passionate about your case.
  • Ask About Trial Experience: The majority of personal injury cases get settled out of court. However, there’s always a chance yours could go to trial if the insurance company isn’t willing to offer you a fair settlement. That’s why it’s essential to select a personal injury lawyer in Buffalo, NY with sufficient trial experience. He or she should feel comfortable presenting your case in front of a judge and jury.
  • Find Out About Fees: Most personal injury lawyers work on a contingency basis, so they won’t get paid until a case settles. However, you should still find out exactly how your lawyer will charge you. Ask what percentage he or she will deduct from your winnings and if he or she charges additional fees.
  • Ask for References: Before you hire a personal injury lawyer in Buffalo, NY, consider asking him or her to provide you with a few references. If a lawyer is reputable, he or she should have no problem doing this. When you contact the references, ask them if they were satisfied with the lawyer’s services and if they would use the services again.

Common Misconceptions About Personal Injury Claims

People file personal injury claims every day in the U.S. However, there are still many misconceptions about the process that prevents some from pursuing claims. Here are some common myths about personal injury claims a personal injury lawyer in Buffalo, NY hears:

  • The Person Responsible for Your Injuries Will Pay Out of Pocket: Some people may shy away from filing personal injury claims because they believe the person who caused the accident must pay for the damages. This just isn’t true. Most likely, the person’s insurance company will be responsible for paying for your settlement. For instance, if you were injured in a car accident, the other driver’s auto insurance company will cover your damages.
  • You Have All the Time in the Word to File a Claim: One of the biggest mistakes injury victims make is waiting too long to file their personal injury claim. In the state of New York, you have three years from the time of the accident to file a personal injury claim in court. If you try to file a claim after the deadline has passed, you will no longer be eligible to receive compensation.
  • You’re Guaranteed Compensation If You File a Claim: Just because you file a personal injury claim, doesn’t automatically mean that you will receive compensation for your losses. The judge will look at various factors in your case before making a decision, and nothing is certain. That’s why it’s more important than ever to have an experienced personal injury lawyer in Buffalo, NY on your side.
  • People Who File Personal Injury Claims Are Greedy: Unfortunately, some people are reluctant to file personal injury claims because they’re afraid others will think they’re greedy. However, you should never feel ashamed for pursuing compensation for your injuries. If the accident was caused by someone else, you deserve to be compensated for your medical bills, lost wages, and other losses.
  • You Need to Go to Court to Receive Compensation: This is another big myth about personal injury claims. The truth is that the majority of personal injury claims get settled out of court. However, if the insurance company is unwilling to provide you with a fair settlement, your personal injury lawyer in Buffalo, NY may suggest going to trial.
  • It’s Not Worth it to File a Claim for Minor Claim: You don’t have to suffer a severe injury, like a traumatic brain injury, to file a personal injury claim. Even if you just suffered cuts or lacerations, you still may have had to go to the hospital, which can get very expensive.

Suffering Injuries in Accidents While on Vacation

While it may not be something that people even consider as they are making plans and packing for their vacations, the truth is that accidents are a common event for people who are traveling on vacation. Whenever we are engaged in activities that deviate from our normal routine, there is always a higher chance of being involved in an accident. Whether you are traveling in-state or across the country, it is important to be cognizant of certain risks that you and your family may have while enjoying your downtime. And if you do suffer injuries in an accident, a personal injury lawyer in Buffalo, NY can help you pursue legal action against the responsible party for the losses your injuries have caused.

Common Vacation Accident Injuries

While any of the following accidents can happen anytime and anywhere, it is important while you are traveling to be aware of the higher risk you may be in and to take the steps to protect yourself.

  •       Vehicle accidents: This is one of the most common accidents that people suffer while traveling. Factors that raise the risk of a crash while on vacation are driving in unfamiliar territory or being distracted by the GPS trying to follow the directions to get to the vacation destination. If you are driving in an area where there are also a lot of other tourists, you are likely sharing the road with people who are also distracted, lost, or have been out drinking.
  •       Pedestrian accidents: In the summer and on vacation, many people enjoy walking outdoors and sightseeing. But vehicle drivers who may not be paying attention, are speeding, or under the influence pose a risk to anyone who is walking, especially in densely populated tourist areas.
  •       Bike accidents: Many vacationers enjoy renting bikes or even electric scooters to get around and see the sights, but there is always a risk of being struck by a distracted or otherwise negligent driver and sustaining serious injuries.
  •       Assault: Unfortunately, unsuspecting tourists and vacationers are a target for theft, assault, rape, and other violent crimes. While these incidents can occur anywhere, there have been many cases where inadequate security or other issues at the hotel, motel, or Airbnb where the victim is staying at. A Buffalo, NY personal injury lawyer can pursue a premises liability lawsuit against the entity that is liable on behalf of the victim.

Most Frequently Asked Questions in a Personal Injury Case

Personal injury victims almost always have questions after they have sustained injuries in an accident, and this is because many people do not have the legal knowledge regarding personal injury accidents, or they have never been in a personal injury accident before and have no idea what it takes to bring a claim to court. And that’s okay because the personal injury lawyers in Buffalo NY such as the ones available at Hurwitz, Whitcher & Molloy LLP are here to help you understand all of your personal injury needs.

What is the personal injury claim process?

Your personal injury case begins after you filed a summons and complaint in the appropriate court according to where your accident happened. You must start a case by taking summons and complaint to the court clerk of the court where the case is being filed, if you do not know where your case is being filed out you should talk to a personal injury lawyer in Buffalo NY and they will be able to help you.

After your filing has been accepted, you can then serve the defendant with their copy of the documents, and your personal injury lawyer in Buffalo NY can help you to ensure that your claim and your files are being done correctly and that everything needed for filing the complaint is included. They can also ensure that you are having it delivered to the defendant in the correct manner.

What do I do after my personal injury accident?

If you are talking about directly after the accident has occurred, you should take photos of your injuries if you are able, you should visit a doctor if you have not visited a doctor already and if you have visited a doctor then you need to pay attention to the care plan that your doctor is set up for you and follow it. Write down what happened according to your series of events, reject any witnesses and get their information, and follow instructions from your personal injury lawyer in Buffalo NY.

Will my personal injury case go to trial?

Most cases dealing with personal injury do not go to trial, oftentimes it is easier to resolve settlement before the trial date was upon you. Your personal injury lawyer in Buffalo NY is going to have a good idea of how to handle insurance companies, and they are going to have a good idea of what your case is worth so if you settlement offer is offered way lower than what you deserve, your personal injury lawyer in Buffalo NY is going to probably offer to take you to trial.

Whether you think you’re going to trial or not, ensure that you hire a personal injury lawyer in Buffalo NY who has experience going to trial with these types of cases so that they are prepared in either way.

How long does a personal injury lawsuit take to get a settlement from?

Oftentimes your case may be resolved anywhere from a few weeks to a few months. It depends entirely on whether you go to court or not, and if you do go to trial your case may take longer.

Medical Malpractice Frequently Asked Questions

Doctors, hospitals and healthcare providers are obligated to provide quality care to patients. They must follow diagnostic protocols and manage ailments in a way that promotes healing. However, not all healthcare professionals maintain high standards of practice, and some actually do more harm than good to individuals in their care. Medical negligence leads to devastating physical, emotional and financial distress for victims.

Regarding medical malpractice claims, the personal injury lawyers at Hurwitz, Witcher, & Molloy LLP often receive the following frequently asked questions.

What Constitutes Medical Negligence?

  • Failure to diagnose, delayed diagnosis or misdiagnosis
  • Inaccurate or irresponsible prescribing of medications
  • Childbirth injuries to mother or baby
  • Surgical errors
  • Anesthesia mistakes
  • Infections during or after a hospital stay

If you or a loved one suffers from a medical injury, a personal injury lawyer Buffalo in NY can help you seek compensation for your pain and suffering.

Who Is Responsible for Medical Malpractice?

As a victim of medical negligence, it can be difficult to identify the at-fault party or parties. Generally, anyone who has a professional obligation to your health and wellness neglects your treatment and care. This includes doctors, hospitals and pharmaceutical companies as well as nurses, dentists and chiropractors. If you can prove a practitioner or institution dropped the ball leading to your personal injury, then you may have a strong case for medical malpractice.

What Evidence Is Needed To Prove Medical Malpractice?

Most malpractice claims require expert testimony from a medical professional similarly skilled to the accused. Through a discussion of your case leading up to your injury, the court will hear how a reasonable practitioner would have handled your case. Through a thorough review of your situation by an experienced and qualified personal injury lawyer Buffalo in NY, the judge and jury will be able to determine whether your medical team harmed you by failing to care for you properly.

What Compensation Exists for Victims of Medical Negligence?

If you prove your malpractice claim, you may be eligible to receive reimbursement for your medical bills and lost wages due to the event as well as compensation for emotional distress, pain and suffering or other damages. The experts at Hurwitz, Witcher, & Molloy LLP can help you get the settlement or judgment you deserve so you can feel whole again.

Do I Need a Lawyer for my Medical Malpractice Claim?

Medical negligence cases are often complex and difficult to prove due to complicated medical issues and uncommunicative insurance companies. Having an experienced personal injury lawyer Buffalo in NY gives you the advantage you need to build a strong medical malpractice case.

Who Is Liable?

Victims of accidents – no matter when they occur – are entitled to financial compensation for the losses their injuries cause them if the accident was the result of the negligence or recklessness of another party. If you were injured while vacationing in New York, contact a Buffalo, NY personal injury lawyer from Hurwitz, Whitcher, & Molloy to find out what legal options you may have. Call our office today to schedule a free consultation.

If you are searching for a personal injury lawyer in Buffalo, New York contact Hurwitz, Whitcher & Molloy, LLP. An experienced and knowledgeable personal injury lawyer can help you obtain the monetary compensation you deserve. Do not let someone else’s negligent actions cause you physical, financial, and emotional pain without holding the responsible party liable. 

Why Should I Retain A Personal Injury Lawyer? 

If you have suffered personal injury due to the negligent actions of another party you should speak with a personal injury lawyer. At Hurwitz, Whitcher & Molloy, LLP you can schedule a free consultation during which a personal injury lawyer can advise you regarding your case. 

What If An Injured Individual Dies Before Filing A Personal Injury Lawsuit? 

If an individual dies during an injury then he or she can bring a wrongful death suit. Domestic partners, parents, children, spouses, and siblings can have valid claims for wrongful death against liable parties. The decedent is the person who died and the estate of the decedent is the party that files asserts the wrongful death claims against the defendants. 

Many of the elements considered in wrongful death cases include the following: the costs of the funeral and burial; loss of consortium; loss of companionship, society, and love; and the value of household services. Surviving family members experience devastating emotional and psychological pain when a loved one dies. The surviving family members should retain a personal injury lawyer to ensure that all valid claims are pursued within the time limit set by the statute of limitations. 

What Is A Negligent Action? 

Negligence is a topic that falls under tort law. It is the failure to exercise reasonable care to prevent others from suffering harm, serious bodily harm, and death. An individual commits negligence if he or she performs an action that a reasonably careful person would not perform or fails to perform an action that a reasonably careful person would perform. A personal injury lawyer can analyze the facts of your case and determine which parties were liable for your injuries. Personal injury lawyers represent parties who suffer injury due to motor vehicle accidents, slip and fall accidents, dog bits, defective products, and medical malpractice.

Can A US Citizen Sue The Government? 

Yes, it is possible to sue a governmental entity or government for negligence. A government entity can also be sued if government employees were negligent. Processing claims involving governmental entities features different requirements that are not applicable to regular negligence cases. 

Contact A Personal Injury Lawyer In Buffalo, New York Today 

If you are searching for a personal injury lawyer in Buffalo, New York contact Hurwitz, Whitcher & Molloy, LLP. An experienced and knowledgeable personal injury lawyer can help you obtain the monetary compensation you deserve. Do not let someone else’s negligent actions cause you physical, financial, and emotional pain without holding the responsible party liable. 

You and your loved ones deserve excellent legal representation. The personal injury lawyers at Hurwitz, Whitcher & Molloy, LLP can represent parties who have suffered personal injury due to another party’s negligence. 

Client Testimonials

As a disabled claimant, I can’t thank Hurwitz, Whitcher & Molloy enough for guiding me through these past fourteen years. No one else wanted my Workers’ Compensation case. No one! It was complicated. There were a lot of issues that made things difficult. They stuck with it well over a decade with preparedness, intelligence and grace. Mister Melvyn, he’s a good guy. Cathy, she’s so amazing.

- Salli B.

I became a client of the Hurwitz firm in May of 1997 due to injuries I received while I was a meat cutter at I. Isenberg Meats in Buffalo, New York. Since my first encounter with your firm and up until the present day, I have been entirely satisfied with the way your firm has treated me.

- William C.

Thank you for all you do throughout the year. I know I’m in the hands of the best compensation lawyers who really care!! God bless you all.

- Michelle A.

If you are injured at work and need a workers’ comp attorney, you need Hurwitz, Whitcher & Molloy. They are the ‘King Pins’ of all comp attorneys. You will be taken care of every step of the way. I am a very satisfied client!

- Richard B.