Personal Injury Lawyer Buffalo, NY

Pursuing a Claim After Suffering an Injury

Our Buffalo, NY personal injury lawyer specializes in personal injury and workers’ compensation law. When it comes to filing a personal injury claim in New York, time is of the essence. The statute of limitations for most personal injury cases in New York 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 crucial 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. As a partner at Hurwitz, Whitcher, & Molloy, I’ve 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 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.

How Our Personal Injury Lawyer Can 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 personal injury lawyers ensures that our clients receive knowledgeable and compassionate legal representation.

Understanding Personal Injury Law In New York

Personal injury law is a complex 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 critical 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 a Buffalo personal injury lawyer promptly can ensure that your rights are protected and that you navigate the legal process effectively.

Insurance Negotiations

In New York, dealing with insurance companies can be a challenging aspect of personal injury cases. Insurance providers often attempt to minimize payouts. Having skilled legal representation ensures 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 critical 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. Ensure you get the medical care you need for your injuries. This also creates a record of your injuries and treatments, which is essential for 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 ensure 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 like those at Hurwitz, Whitcher, & Molloy, who can guide you through the complexities of New York’s legal system, ensuring 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. At Hurwitz, Whitcher, & Molloy, we offer a transparent approach to legal fees, ensuring you understand the financial aspects of pursuing your personal injury claim.

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. At Hurwitz, Whitcher, & Molloy, we strongly recommend consulting with an experienced attorney as soon as possible to ensure that you don’t miss these critical deadlines.

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 crucial deadlines, you typically forfeit the right to pursue a claim. At Hurwitz, Whitcher, & Molloy, 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 a personal injury claim in New York can vary significantly depending on a range of factors including the complexity of the case, the severity of the injuries, and the willingness of both parties to negotiate or settle. Some straightforward cases may resolve within a few months, especially if liability is clear and the parties are cooperative. However, more complex 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 in New York State. 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. At Hurwitz, Whitcher, & Molloy, we’re committed to providing you with the timely and expert legal guidance you need to navigate these crucial deadlines effectively.

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 ensure 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. Our aim is 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