Personal Injury Law in Buffalo, NY
Were you hurt due to another’s negligence in Buffalo? If so, it may have far-reaching consequences such as a loss of wages or extensive medical treatment. Personal injury law allows an injured person to get damages if the responsible person acted recklessly. A personal injury attorney in Buffalo, NY can help navigate the lawsuit to make sure you receive all of the compensation you deserve.
What Is Personal Injury Law?
Personal injury law in Buffalo relates to the legal process of getting compensation for an injury caused by someone else’s negligent behavior. These cases involve one party, the plaintiff, trying to seek financial compensation for expenses incurred and money lost as a result of the defendant’s reckless behavior. These cases involve both parties’ insurance companies and may even settle before proceeding to litigation.
Examples of Personal Injury Claims in Buffalo, NY
Some personal injury claims are more common than others. However, almost any incident that ends with a physical or mental injury could qualify, depending on the circumstances.
A few of the most common personal injury claims are:
- Car Accidents
- Slip and Fall
- Dog Bites
- Medical Malpractice
- Workplace Accidents
- Burn Injuries
Most Common Injuries in Buffalo
The New York State Department of Health found that there were over 1.5 million emergency department visits in 2014, the most recent data year available. The most common cause of an injury in Buffalo, was slipping or falling. Across New York State, falls were the leading cause of hospitalizations and emergency room visits.
Steps in a Personal Injury Lawsuit in Buffalo, NY
Once you determine that you wish to proceed forward with a personal injury action in New York
A lawsuit begins when a complaint is filed with the court and served on the defendant. The complaint alleges your assertion as the plaintiff that the defendant’s negligent behavior resulted in damage to your body or mental state. As the process proceeds forward, you may have to go through depositions, independent medical evaluations and document production. This discovery process is lengthy and ends in either settlement or a court appearance. In New York, you begin by consulting with your personal injury attorney, and filing a complaint with the New York civil court in Buffalo. After an answer is made by the defendant, you will issue them your bill of particulars (a list of the damages they owe you). If mediation attempts after the discovery period are then unsuccessful, you can proceed to trial. With most personal injury cases, insurance companies and injured parties prefer settlement negotiations rather than going to court for a trial. You may wonder how much you should seek in your settlement and factors that impact the final amount. New York Courts in Buffalo state that it is hard to find anything typical or average about personal injury cases. This is because so many factors such as the severity of the injury, medical bills, and property damage can sharply affect the value of your claim. However in New York, the average compensation for a personal injury claim is $52,900, although some cases could be worth millions. Keep in mind the national average settlement is anywhere between $3,000-$75,000. If the other party has insurance, the insurance company likely wants to settle out of court to avoid leaving the final settlement decision to a jury. Settlements benefit injured parties as much as they do insurance companies. This is because accepting a settlement means you receive compensation sooner rather than later. Also, by going to court in NY, that means you risk not receiving any compensation at all. If your New York personal injury lawsuit goes before a judge or jury, your legal team will be ready with a request for damages. In personal injury cases, there are three types of damage awards a court may order the defendant to pay. In order to compensate you for the damage he or she inflicted. Special compensatory damages reimburse you for things such as lost income, medical bills and insurance deductibles. You submit receipts proving these losses. General compensatory damages are subjective. If you receive special compensatory damages, you may also collect general damages. If your injury was particularly painful, you might request that the judge order the defendant compensate you for the pain and anguish. Punitive damages are the most rarely awarded and are up to the court. The judge or jury may determine that the defendant’s negligence was particularly heinous and the resulting injury to you was equally horrific. In Buffalo, and the rest of NY, there are no caps on the damages that you can seek in a personal injury case. The injured party may have a set amount of time to file suit for a personal injury case. State law establishes statutes of limitation. Commonly, the plaintiff’s injury or discovery of the injury begins the statute of limitations. However, the latter factor is trickier, as the plaintiff will have to prove when the injury was first realized. According to the New York statute of limitations, you must file your personal injury suit in Buffalo within two years of the date of the incident. We recommend you speak with a personal injury lawyer for this matter. Don’t wait too long and miss out on receiving the compensation you deserve for your injury. Pursue a personal injury claim in Buffalo against the responsible person if you are dealing with an injury caused by someone else. One of our experienced lawyers can help you navigate your personal injury claim. We can even help you connect with an attorney across New York state lines. Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area! Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States. With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations. Do you need help with another area of Buffalo, NY law? Check out the links below.New York Personal Injury Settlement
Damage Awards in New York
Statute of Limitations in Buffalo, NY Personal Injury Law?
Work With an Experienced Buffalo, NY Lawyer
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