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Personal injury law covers claims brought by people who have been injured because of someone else-s negligence or intentional conduct. In Buffalo most personal injury claims follow New York State law and are litigated in local courts in Erie County, including city courts and the Erie County Supreme Court for larger cases. Common claims include motor vehicle accidents, slip-and-fall and trip-and-fall incidents, medical malpractice, dog bites, workplace injuries that fall outside workers- compensation, product liability, and wrongful death cases. The main goals of a personal injury claim are to recover compensation for medical bills, lost wages, future care, pain and suffering, and other losses caused by the injury.
Many personal injury matters can be handled without a lawyer, but there are frequent situations where legal help is important. You may need a lawyer if you have a serious or permanent injury, conflicting or complicated fault issues, a claim denied or undervalued by an insurance company, an injury caused by a government entity, or a claim involving medical malpractice or defective products. Lawyers help preserve evidence, handle communications with insurers and opposing parties, calculate full damages including future needs, file lawsuits before deadlines pass, and take cases to trial when a fair settlement cannot be reached.
A lawyer also helps when legal rules are technical - for example New York-s no-fault auto insurance system, the state-s comparative-fault rules, municipal notice requirements, and special timelines for certain claims. If you are unsure whether your situation warrants a lawyer, many Buffalo personal injury attorneys offer a free initial consultation to explain your options.
No-fault auto insurance - New York has a no-fault auto insurance system that provides Personal Injury Protection benefits for medical expenses and lost earnings after a car crash. To recover non-economic damages such as pain and suffering in a motor vehicle case you generally must meet New York-s statutory definition of a serious injury.
Statutes of limitations - Deadlines to start a lawsuit vary by claim type. For most negligence claims the general deadline is three years from the date of injury. Medical malpractice claims often have a different, shorter deadline - commonly two years and six months from the act or omission, with limited exceptions. Claims against municipal or other public entities usually require filing a notice of claim within 90 days and then bringing suit within a shorter period than the ordinary statute. Because these deadlines can be complicated, you should act promptly.
Comparative fault - New York applies the pure comparative negligence rule. That means an injured person-s recovery is reduced by their percentage of fault, but they can still recover even if they are mostly at fault.
Venue and courts - Smaller claims often proceed in local city or town courts, including small claims courts for limited dollar amounts. More substantial personal injury lawsuits are filed in the Erie County Supreme Court, which handles major civil claims. Procedural rules, discovery practices, and local court customs can affect case strategy.
Premises liability and municipal claims - Property owners can be liable for unsafe conditions on their premises. If the injury was caused by a dangerous condition on City of Buffalo property or other government-owned land, you must follow the notice-of-claim rules and file required notices before suing.
Deadlines depend on the type of claim. For most negligence claims the statute of limitations is three years from the date of the injury. Medical malpractice claims commonly have a different timeline - often two years and six months. Claims against the city or other public entities require a notice of claim within 90 days and have different filing limits. Because missing a deadline can bar your case, contact an attorney right away to confirm the correct timeline for your situation.
You may not need a lawyer for a minor fender-bender with only property damage, but if you have injuries, serious medical bills, disputed fault, permanent impairment, or trouble getting fair compensation from insurers, a lawyer is strongly recommended. In New York you also must navigate the no-fault insurance system and the serious-injury threshold, which makes attorney guidance valuable.
You can seek economic damages such as past and future medical expenses, lost wages, loss of earning capacity, and property damage. You can also seek non-economic damages for pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium. Punitive damages are rare and only awarded in cases involving particularly egregious conduct.
New York follows pure comparative negligence. If you are partly at fault, your total damages are reduced by your percentage of fault. For example, if you have $100,000 in damages but are found to be 20 percent at fault, your recovery is reduced by 20 percent to $80,000. You can still recover even if you were mostly at fault.
Prioritize safety and medical care - seek emergency care if needed and follow medical advice. Report the incident to police or property management when appropriate and get a copy of any report. Preserve evidence - take photos of the scene, injuries, and any damaging conditions, keep damaged clothing, save medical records and receipts, and get contact information for witnesses. Do not admit fault or make recorded statements to insurance adjusters without discussing the matter with an attorney.
Case length varies widely. Some claims settle in weeks or months, especially smaller or clearly meritorious ones. More complex cases - such as those involving catastrophic injuries, multiple defendants, or medical malpractice - can take a year or several years to resolve if litigation is necessary. Your attorney can give a more specific estimate based on the facts of your case.
Most personal injury lawyers work on a contingency-fee basis - they receive a percentage of the recovery only if you win or settle. You should ask about the fee percentage, how costs and expenses are handled, and whether fees differ if the case settles before or after a lawsuit is filed. Always get the fee arrangement in writing and understand what you will owe out of any recovery.
If the other driver lacks adequate insurance, your own uninsured or underinsured motorist coverage (if you have it) may provide compensation. You may also have other potential sources of recovery, such as a third party-s insurer or the at-fault party-s personal assets. An attorney can review your insurance policies and advise on the best course of action.
Claims against municipalities have special rules. You must typically file a notice of claim within 90 days after the incident to preserve the right to sue. There are also different timelines for filing suit after the notice and unique procedural requirements. Missing the notice deadline can prevent you from bringing a claim, so consult an attorney quickly if a government entity may be responsible.
Yes - wrongful death claims may be available to certain family members for losses resulting from a loved one-s death. Wrongful death and survival actions have different purposes and may involve different deadlines. Because the rules and eligible plaintiffs vary, it is important to consult an attorney experienced in wrongful death cases as soon as possible.
Erie County Clerk-s Office - for filings, public records, and court information relevant to civil cases in Erie County.
New York State Unified Court System - for information on court locations, procedures, and local rules for Erie County courts.
New York State Department of Financial Services - oversees insurance regulations and consumer guides about auto and property insurance in New York.
New York State Department of Health - for questions about medical providers, hospital records, and health-related matters that may arise in a personal injury case.
Erie County Bar Association and New York State Bar Association - for lawyer referral services, information on attorney discipline, and resources to find a qualified personal injury lawyer in Buffalo.
Legal Aid and community legal clinics in Western New York - for people who may qualify for low-cost or free legal help with civil matters.
City of Buffalo - Animal Control and municipal offices - for reporting dog bites and other incidents involving city services or property where municipal notice rules may apply.
1. Get medical care - your health is the first priority. Follow up with recommended treatment and keep records of all medical visits, diagnoses, tests, and expenses.
2. Preserve evidence - take photos, keep damaged property, save bills and pay stubs, and write down witness names and accounts while memories are fresh.
3. Report the incident - obtain police or incident reports when applicable and report claims to your insurer promptly while avoiding admissions of fault.
4. Contact a local personal injury attorney - look for experience in Buffalo and Erie County, ask about contingency-fee arrangements, and bring all documentation to the initial consultation.
5. Meet deadlines - be aware that statutes of limitations and municipal notice requirements can be short. Contact an attorney quickly to protect your rights.
6. Ask questions - during the consultation inquire about likely damages, potential defendants, litigation risks, expected timeline, settlement strategy, and how legal fees and costs will be handled.
Acting promptly and working with an experienced local attorney will give you the best chance to preserve your claim and obtain fair compensation for your losses.
