Personal Injury Lawyer Buffalo, NY

Pursuing a Claim After Suffering an Injury

When it comes to filing a personal injury claim, time is of the essence. Our Buffalo, NY personal injury lawyer specializes in personal injury and workers’ compensation law. The statute of limitations for most personal injury cases is generally three years from the date of the injury. However, certain cases, like medical malpractice or claims against governmental entities, have shorter timeframes. Missing this important deadline can result in the loss of your right to seek compensation, regardless of the merit of your case. That’s why our firm is committed to providing prompt, effective legal representation to ensure you don’t miss your opportunity for justice. Contact Hurwitz, Whitcher, & Molloy today to schedule your consultation.

Common Types of Personal Injury Cases

Personal injury law is an area of civil law that allows individuals to seek compensation if they have been harmed due to the negligence, recklessness, or intentional actions of another party. Our team of professionals has encountered a wide variety of personal injury cases, but certain types tend to be more common than others.

• Motor Vehicle Accidents: These are perhaps the most frequent causes of personal injuries, often resulting from distracted driving, speeding, or driving under the influence. The injuries can range from minor bruises to severe, life-altering conditions.
• Slip and Fall Accidents: Property owners have a duty to keep their premises safe. Slip and fall cases arise when they fail to do so, leading to accidents that could cause broken bones, head injuries, and back problems.
• Workplace Accidents: These occur when an employee is injured on the job. They might be due to unsafe working conditions, lack of proper training, or failure to follow safety protocols.
• Medical Malpractice: When healthcare professionals fail to provide the standard of care that a patient deserves, and it results in injury or death, the case can fall under medical malpractice.
• Product Liability: If a consumer is harmed by a defective product, they may have a case against the manufacturer, retailer, or another party in the product’s distribution chain.
• Dog Bites: Owners are generally responsible for their pets’ behavior. If a dog bites someone, the victim may seek compensation for their injuries.

Establishing Liability in Your Personal Injury Case

To prove that a defendant is responsible for your injury, four essential questions must be answered. First, were you injured, and can you prove the extent of the injury? This is where medical records become integral, as they provide evidence of the injury’s severity and impact. Second, did the defendant owe you a duty of care? For instance, a motorist has a responsibility to maintain their brakes and remain attentive while driving. Third, did the defendant fail in this duty? Examples of this include a driver being distracted or intoxicated, or an employee failing to put up necessary warning signs or barricades. Finally, did you suffer economic losses as a result of the accident, such as medical bills, lost wages, or other financial hardships? If the answer to all four questions is “yes,” then you have a viable case, and our Buffalo personal injury lawyer may assist you in pursuing justice and compensation.

How Our Personal Injury Lawyer May Help You

Under the banner of Hurwitz, Whitcher & Molloy, we are dedicated to representing individuals in Buffalo, NY, who have experienced personal injuries. Our firm’s experience as a personal injury attorney guarantees that our clients receive knowledgeable and compassionate legal representation.

Understanding Personal Injury Law In New York

Personal injury law is a complicated field, governed by both statutes and judicial decisions. This area of law pertains to injuries caused to a person as a result of someone else’s negligence or intentional actions. The fundamental premise is that the injured party, known as the plaintiff, can seek compensation from the party responsible for causing the injury.

Negligence And Liability

Negligence is the cornerstone of most personal injury cases in New York. To establish negligence, it must be proven that the defendant owed a duty of care to the plaintiff, breached that duty, and caused injury as a direct result of the breach. This principle is applicable in various scenarios, including automobile accidents, slip and fall incidents, and medical malpractice.

Pure Comparative Fault

New York follows the rule of “pure comparative fault.“ Under this rule, a plaintiff’s compensation is reduced by a percentage equal to their share of fault in the incident. For instance, if a plaintiff is found to be 20% at fault for an accident, their awarded damages will be reduced by 20%.

Statute Of Limitations

The statute of limitations in New York is a pivotal aspect to consider. For most personal injury cases, the lawsuit must be filed within three years from the date of the injury. However, it’s important to note that depending on the type of personal injury case, the timeframe may vary. Failure to file within this timeframe generally results in the loss of the right to sue.

Damage Caps

Unlike some states, New York does not impose a cap on damages for most personal injury cases. This means there is no upper limit to the amount of compensation a plaintiff can receive for damages like pain and suffering.

What To Do After An Injury

After sustaining an injury, it’s crucial to seek medical attention immediately. Documentation of injuries and treatments is vital for building a strong personal injury case. Additionally, consulting with our Buffalo personal injury lawyers promptly can verify that your rights are protected and that you manage the legal process effectively.

Insurance Negotiations

Dealing with insurance companies can be a challenging aspect of personal injury cases. Insurance providers often attempt to minimize payouts. Having skilled legal representation makes sure that your interests are vigorously defended during these negotiations.

Steps to Take When Filing a Personal Injury Claim

If you’ve been injured and believe it was due to someone else’s fault, there are imperative steps you should take to protect your rights and set the stage for a successful legal claim. Here’s what we at Hurwitz, Whitcher, & Molloy recommend:

• Seek Medical Attention:

Your health comes first. Make certain you get the medical care you need for your injuries. This also creates a record of your injuries and treatments, which is fundamental to your case.

• Report the Incident:

Whether it’s a car accident or a slip and fall, report the incident to the appropriate authorities or parties. For car accidents, file a police report. For injuries on a property, report it to the manager or owner.

• Document Everything:

Take photos of your injuries and the accident scene, collect names and contact information of any witnesses, and keep a diary of your symptoms and how the injury affects your daily life.

• Don’t Settle Too Quickly:

Insurance companies may offer a quick settlement. Consult with us before accepting any offer to confirm it’s fair and covers all your needs.

Buffalo Personal Injury Infographic

Buffalo Personal Injury Statistics

According to the U.S. Centers for Disease Control (CDC), approximately 31 million Americans require medical treatment due to general injuries each year. More than 173,000 deaths result from unintentional injury. These accidents happen practically everywhere: on the road, in the workplace, in retail stores, and in any other location where people are going about their normal routines.

Buffalo Personal Injury FAQs

How do I prepare for a personal injury claim?

Preparing for a personal injury claim in New York involves several key steps to bolster your case. First and foremost, seek immediate medical attention for your injuries and keep all records and documentation. Gather evidence, such as photographs of the accident scene, your injuries, and any property damage. Collect witness statements and contact information, if possible. Report the incident to the relevant authorities, whether it’s a motor vehicle accident report or an incident report at a business. Retain an experienced personal injury attorney who can guide you through the nuances of New York’s legal system, confirming that all paperwork is filed correctly and within the statute of limitations.

What percentage do most personal injury lawyers take?

The percentage that personal injury lawyers take as their fee can vary, but it is generally based on a contingency fee arrangement. This means that the attorney is only paid if you win your case or secure a settlement. In New York, the standard contingency fee for personal injury cases often ranges from 33% to 40% of the total settlement or award. It’s important to discuss fee structures upfront with your attorney to understand all potential costs involved. 

How far back can you claim personal injury?

The ability to claim personal injury in New York is generally governed by a statute of limitations, which sets a deadline for filing a lawsuit. For most personal injury cases, you have three years from the date of the injury to file a claim. However, there are exceptions for certain types of cases like medical malpractice, which has a shorter timeframe of two and a half years. If you miss these deadlines, you typically forfeit your right to legal action. 

Can I claim for an old injury?

In New York, the ability to claim for an old injury largely depends on the statute of limitations applicable to your specific case. For most personal injury matters, you generally have three years from the date of the injury to initiate legal proceedings. Medical malpractice has a shorter window of two and a half years. If you’ve discovered the injury after some time has passed, the clock on the statute may start ticking from the “date of discovery” rather than the date the injury occurred, although this varies and has limitations. If you miss these important deadlines, you typically forfeit the right to pursue a claim. We emphasize the importance of acting swiftly to consult legal counsel, even if the injury is old, to explore any remaining legal avenues.

How long do most personal injury claims take in NY?

The duration of an injury claim in New York can vary significantly depending on a range of factors including the specific details of the case, the severity of the injuries, and the willingness of both parties to negotiate or settle. Some straightforward cases may be resolved within a few months, especially if liability is clear and the parties are cooperative. However, more complicated cases involving serious injuries, multiple parties, or disputed liability can extend for a year or longer, particularly if a lawsuit is filed and the case goes to trial. It’s also worth noting that court schedules, legal procedures, and unforeseen challenges can add to the timeline.

What is the statute of limitations for personal injury in NY?

Understanding the statute of limitations for personal injury claims in New York is critical for preserving your right to legal action. Generally, you have three years from the date of the accident to file a personal injury lawsuit. However, there are important exceptions to this rule. For instance, medical malpractice claims typically have a shorter window, requiring action within two and a half years from the date of the malpractice. If your claim is against a governmental entity, the timeframe can be even more restricted, sometimes requiring a notice of claim to be filed within 90 days of the incident. We’re committed to providing you with the timely and professional legal guidance you need to manage these important deadlines effectively.

Buffalo Personal Injury Glossary

If you are injured and seeking compensation, our Buffalo, NY personal injury lawyer can help you navigate the complexities of the legal system.  At Hurwitz, Whitcher & Molloy, our team has over fifty years of experience representing injured people in the Western New York area. In personal injury law, understanding the key legal terms and concepts is crucial for anyone involved in a case. These terms not only describe the processes and procedures involved in litigation but also shape the strategies and outcomes of the case. Below are some essential legal terms often encountered in personal injury lawsuits, explained in detail:

Contingency Fee

In a personal injury case, a contingency fee agreement means a Buffalo personal injury lawyer only gets paid if the case is successful. The lawyer typically takes a percentage of the settlement or award, often ranging from 30% to 40%, which serves as their payment. This arrangement allows individuals to pursue legal action without upfront costs, as the lawyer’s compensation is tied to the success of the case. The advantage of a contingency fee is that it makes legal representation accessible to people who might not otherwise be able to afford to hire a lawyer.

Burden Of Proof

The burden of proof is the responsibility placed on the plaintiff to prove that the defendant’s actions or negligence led to the injury. In personal injury cases, the plaintiff must show that their claim is more likely true than not, typically by providing evidence such as medical records, witness testimony, and expert opinions. The plaintiff must demonstrate that the defendant’s actions were the direct cause of the injury and not other factors. This is a critical component in establishing the strength of the case, as failure to meet this burden could result in a dismissal of the claim or a verdict in favor of the defendant.

Damage Caps

Damage caps are limits on the amount of compensation that can be awarded to a plaintiff, especially in cases involving certain types of damages like non-economic damages (e.g., pain and suffering). However, in New York, there are generally no caps on most personal injury claims, allowing victims to receive full compensation for their damages. These caps are more commonly found in other states and apply to specific types of damages, such as punitive damages or medical malpractice claims. The purpose of damage caps is often to prevent excessive claims, but critics argue they can limit fair compensation for severe injuries and losses.

Pure Comparative Fault

Under pure comparative fault rules, a plaintiff’s compensation is reduced by the percentage of fault they share in the accident. For instance, if a plaintiff is determined to be 30% at fault for an accident, they will only receive 70% of the total damages awarded. This principle allows even those partially at fault to receive compensation, but their share is diminished in proportion to their responsibility. New York’s pure comparative fault rule ensures that an injured party is not entirely barred from recovering damages, even if they are partly responsible for the accident.

Discovery

Discovery is the process during which both parties in a personal injury case exchange relevant information and evidence before the trial. This phase includes the gathering of documents, written questions (interrogatories), and oral testimony (depositions). According to our skilled Buffalo personal injury lawyer, discovery helps both sides prepare for trial by revealing the evidence and strategies of the opposing party, often leading to settlements before a trial is necessary. During discovery, the opposing sides may request access to a wide range of documents, including medical records, insurance information, and accident reports. This transparency can encourage settlement negotiations, as both sides have a clearer understanding of the strengths and weaknesses of the case.

Hurwitz, Whitcher & Molloy, Buffalo Personal Injury Lawyer

Contact Our Buffalo Personal Injury Lawyer Today

Our team understands the physical, emotional, and financial toll that personal injuries can take on individuals and their families. Our team of experienced lawyers are committed to providing personalized and effective legal solutions. We work tirelessly to guarantee that our clients receive the full compensation they deserve.

As your legal advocates, we handle every aspect of your case, from investigating the incident to negotiating with insurance companies and, if necessary, representing you in court. We aim to alleviate the stress of the legal process so that you can focus on your recovery.

We invite you to reach out to us at Hurwitz, Whitcher & Molloy. Let us stand by your side as your trusted Buffalo, NY personal injury lawyers. Together, we can navigate the complexities of New York personal injury law and strive for the justice and compensation you deserve.

Client Review

“Hurwitz Whitcher & Molloy Attorneys have been my Attorneys for a while now. In that time, each contact with them was handled in a timely, courteous, and professional manner. I highly recommend this firm if you require the type of services they provide. Much appreciation for their hard work and dedication.”
Linda Carlson