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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.

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.

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.

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 reckless 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.


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.