Buffalo Personal Injury Lawyer
After an accident, we can fight for the compensation you deserve
Under the law, people who are injured or suffer harm due to another party’s negligence have the right to be compensated. You may have been hurt in a slip-and-fall accident at someone else's home or business. It could be that you were badly injured in a winter weather-related accident or during a recreational activity. As a result of that injury, you may be faced with medical bills, lost wages if you can't work and other expenses.
Cases involving severe injury are often complex. In order to get the compensation that you deserve, you may need help from an experienced personal injury attorney. If you suffer a brain injury or a permanent disability, you may be entitled to compensation to cover the cost of your accident-related expenses not just now, but in the future as well. You may also be eligible for pain and suffering, especially if the injury leads to chronic pain.
At the Law Offices of James Morris, we’ve been helping injured people get the compensation they’re entitled to for decades now. Attorney James Morris has a clear understanding of the laws in New York and knows how to maximize the value of your claim. You can depend on us to advocate for you throughout the entire legal process and fight to get the best possible outcome in your case. *Attorney advertising. Past results do not guarantee similar outcomes.
What falls under the category of personal injury?
If you were injured, suffered harm, or had your property damaged due to the negligent, careless, reckless, or intentional actions of another party, then you have the legal right to pursue compensation from the at-fault party for all your accident-related expenses. In the legal world, these are called “damages.”
Also known as tort law, personal injury law covers a wide range. Claims often involve car accidents, premises liability, dog bites, injuries to children, product liability, or the wrongful death of an immediate family member, such as a spouse or child.
Can you claim personal injury if you’re partially at-fault?
Under New York’s contributory negligence law, any recoverable damages will be reduced by the same percentage of fault that you are assigned. For example, if a jury awards you $100,000 but you are found to be 30 percent at-fault, you would recover $70,000.
Contributory negligence laws can have a huge impact on the amount of compensation you’re able to recover from an at-fault party. That’s one reason why some insurance companies will try to claim a victim’s own negligence resulted in or contributed to damages. The more fault a plaintiff is assigned, the less compensation a plaintiff can legally recover.
How do you calculate the value of a personal injury claim?
The value of your claim is determined by adding up the total value of all your accident-related losses and expenses. In general, you may be entitled to recover compensation for all your economic and non-economic damages.
Economic damages represent an actual financial loss, such as medical bills, lost wages, and property damage. Non-economic damages include things such as pain and suffering, loss of enjoyment of life, mental anguish, and other losses that can’t be measured with an exact dollar amount.
What is New York’s statute of limitations for personal injury claims?
In New York, the general deadline to pursue a personal injury claim is 3 years from the date of the accident. This is known as the statute of limitations. In most cases if you miss this deadline then your claim can be automatically dismissed.
In New York there are many shorter statutes of limitation which apply in certain circumstances, such as cases against municipalities or medical malpractice cases. The time to sue can also be extended by certain tolling provisions. A Notice of Claim may be required prior to placing a case in suit. It is critical to confer with a lawyer as soon as possible after an accident to protect your rights.
Generally speaking, statutes of limitations exist to ensure defendants don’t have deteriorated evidence used against them and so that they can receive a fair and timely trial without the threat of a lawsuit constantly hanging over their head.
Get experienced, determined legal representation
Recovering compensation after a serious accident should be simple. Unfortunately, the reality is this process can be extremely complicated. A lot of insurance companies use different tactics to reduce their liability and avoid paying out large claims.
They may argue that your injuries were due to a pre-existing condition or were actually suffered after the accident. They might deliberately ignore or downplay certain sources of compensation, or even argue that the accident was your fault. That’s when getting an experienced personal injury lawyer in your corner is a good idea.
If you’ve been hurt, our law firm can deal with the insurance company and help you hold the negligent party accountable. Contact us to schedule your free case evaluation. We serve clients in Buffalo and Western New York. We also offer representation on a contingency fee basis, which means you pay no fees unless we make a financial recovery in your case.