Buffalo Personal Injury Attorney
Buffalo residents and workers are never far from the risk of suffering an injury in an accident caused by someone else’s carelessness. Any injury can disrupt your life, but injuries that occur because of someone else’s wrongful actions, such as slipping and falling on a spill someone failed to clean up at a Cobblestone District restaurant or getting into an accident with a drunk driver on I-190, feel especially unfair and devastating.
Buffalo personal injury victims deserve compensation for their injuries and losses. The skilled personal injury lawyers at Finkelstein & Partners LLP can help. We represent personal injury clients in and around Buffalo in legal actions that seek compensation to help them regain their health and rebuild their lives. Contact us today for a free case evaluation.
Common Types of Personal Injury Cases That We Handle
Personal injury law, also called tort law, is the primary legal avenue for injured individuals to secure compensation for injuries they suffer because of someone else’s wrongful conduct.
While personal injury cases can arise from many circumstances, some are more common than others:
- Car accidents: In New York, motor vehicle accidents cause more than 1,000 deaths, more than 12,000 hospitalizations, and nearly 137,000 emergency department visits each year. The vast majority of them happen because of preventable human errors, including the careless actions by drivers, automotive manufacturers, and even government agencies, all of whom may bear financial responsibility for the harm an accident causes.
- Medical malpractice: Doctors and other medical professionals in Buffalo owe a duty to provide patients with a reasonable standard of care. Failing to live up to that standard can lead to serious injuries and health complications for innocent patients. In fact, by some estimates, 10 percent of deaths in the United States result from medical errors or mistakes, many of them occurring in New York.
- Nursing home abuse: We put our trust in the staff and management of Buffalo-area nursing homes to care for our vulnerable loved ones during their waning years. Betrayals of that trust in the form of physical, emotional, sexual, and financial abuse cause profound harm, and deserve compensation and, when appropriate, the attention of the authorities.
- Dangerous property conditions/slip-and-fall: Buffalo property owners must take reasonable steps to keep visitors to their properties safe from harm. Preventable personal injuries occur when property owners fail to fix, keep visitors away from, or warn visitors about, unreasonably dangerous property conditions.
- Workplace accidents: Anyone can get hurt or sick on the job, whether they work in a labor-intensive industry like construction, or earn their living at a Buffalo office building. No matter where or how a work-related injury or illness happens, workers have the right to receive compensation through workers’ compensation insurance and, sometimes, by filing lawsuits for damages.
- Defective products: Manufacturers must take care not to sell products containing dangerous defects to consumers. If they do, then they may face legal liability to anyone who suffers injuries or illnesses.
- Wrongful death: Fatal accidents and incidents in Buffalo leave behind grieving spouses and family members who may have the right to seek compensation for their tragic loss through a wrongful death and survival action. Money can never replace a life, but it can supply much-needed financial support to help a family through a difficult time.
These are just some of the most common scenarios that can trigger a Buffalo personal injury case. No matter how you suffered an injury, contact Finkelstein & Partners today to learn about how we can help.
Injuries Our Clients Have Suffered
The accidents and incidents above can result in victims suffering a wide array of injuries.
At Finkelstein & Partners, we have helped our clients recover compensation for serious injuries such as:
- Traumatic brain injuries, which often result from a sharp jolt or blow to the head or body, such as occurs in a car accident or a fall on a hard surface. A traumatic brain injury (TBI) can leave a victim permanently unconscious or with lasting cognitive, motor, or emotional impairments.
- Spinal cord injuries involve damage or impairment of the function of the bundle of nerves running through the spinal column that allows the brain to communicate with the body. Injury to the spinal cord disrupts those communications, often resulting in permanent loss of bodily sensation and function below the site of the injury.
- Severe bone fractures and orthopedic injuries can cause temporary, and even permanent, limitation of a victim’s mobility, as well as chronic pain. Serious breaks, soft tissue tears, and joint damage can also require costly surgery and long-term rehabilitation.
- Internal organ damage can be both difficult to diagnose and life-threatening. Often, damage to vital organs leads to long-term health complications that impact every facet of a victim’s life, from their activities to their diet and their mobility.
- Burns cause agonizing pain, put victims at risk of deadly infections, may require long hospitalizations and multiple surgeries, and frequently leave behind disfiguring scars.
As above, this is only a partial list. No matter what kind of harm a Buffalo personal injury victim suffers, the experienced lawyers of Finkelstein & Partners have the knowledge and resources to help when it comes time to seek compensation.
Seeking Compensation for Buffalo Personal Injuries
The primary job of the skilled personal injury lawyers at Finkelstein & Partners is to devise and pursue legal strategies to secure maximum compensation for a client’s injuries and losses.
Every case we handle differs. We tailor the services we provide to the unique needs of our individual clients. In many cases, those services include preparing and filing a lawsuit for damages against the party or parties at fault for our client’s injuries.
In such a lawsuit, our clients may recover compensation for:
- Medical costs associated with treating a personal injury, including expenses related to emergency transportation and care, prescription medications, and surgical procedures. We can often secure payment not just for past treatment, but also for our client’s reasonably expected future medical needs.
- Wages and income a client does not, or will not, earn because of their injuries. Most of our working-age clients miss some time from work because of their injuries. Some suffer injuries so severe that they can never return to their previous job, or any job at all.
- Property damage and other expenses incurred from the accident or incident that injured our client, or from the injuries themselves. Clients may also obtain payment for the cost of future items or services they will need because of their accident and injuries.
- Non-economic (or general) damages that an injury causes in a client’s life, such as physical pain, emotional suffering, harm or interference with personal relationships, and an overall diminishment of our client’s quality or enjoyment of life. These harms do not come with a price tag attached to them, but that does not make them any less real as a category of damages that deserves compensation.
- In some cases, courts may also award punitive damages as punishment for the at-fault party’s intentional or grossly negligent conduct.
At Finkelstein & Partners, we work closely with our clients in preparing a comprehensive damages assessment that captures the full scope of the harm our client has suffered. In some cases, we seek the input of experts in this process, to help us develop a fuller picture of our client’s current and future medical and financial needs. For example, a financial planner can provide an estimate of a client’s future lost earnings, and a medical expert can opine on our client’s likely needs for future medical care.
Of course, as we mentioned above, our team can never guarantee that our clients will receive compensation for their Buffalo personal injuries. Our clients take comfort, however, in our firm’s commitment to providing personalized service that aims to put them in the best possible position to secure the maximum compensation available from the at-fault parties and their insurance companies.
Finkelstein & Partners Gets Results
For more than 60 years, Finkelstein & Partners has provided personal injury clients with high-quality legal representation that gets them results.
We have achieved numerous multi-million dollar settlements, judgments, and jury verdicts for our clients, including:
- A $34 million jury verdict for damages our client suffered from taking two drugs that resulted in her developing breast cancer.
- A $28.3 million jury verdict in a workplace accident case in which our client fell 18 feet and suffered a serious injury to his heel that required five surgeries.
- A $16.5 million product liability settlement for our client who was injured by a defectively designed industrial machine.
- A $13.5 million settlement for a client who suffered severe injuries as a passenger in a car accident.
These results show the wide range of personal injury cases our team handles. They do not guarantee results in future cases, of course, but they do give our clients the confidence of knowing that we have the skill, knowledge, and resources to tackle and win the most complicated cases against the most high-profile defendants.
The Finkelstein & Partners Advantage
The team at Finkelstein & Partners understands that you have lots of options when it comes to selecting an attorney to represent you after you suffer a personal injury in Buffalo.
Why choose Finkelstein & Partners?
- Our transparent, hands-on approach. Every Finkelstein & Partners client is assigned a case manager as their go-to person for updates and answers to questions about their case. Our clients also enjoy 24/7 access to their case files via our innovative online system. This ensures that our clients can stay as up-to-date and involved in the progress of our work for them.
- Our storied reputation. Few law firms anywhere can point to six decades of zealous advocacy on behalf of personal injury victims like Finkelstein & Partners can. Fewer still can also point to historic successes against America’s largest and most well-funded corporations. When our team takes a case, it sends a signal to defense lawyers and insurance companies not just that our client will have top-notch legal representation, but that we come to the table with the know-how, resources, and reputation to back up our demands for top-dollar compensation.
- Our no fee promise. We represent our clients on contingency. That means we do not charge fees money up front for our services. Instead, we collect payment only if we secure money for our clients. If you don’t get paid, then we don’t get paid. That’s our promise to you.
Past clients of Finkelstein & Partners sing our praises for our caring approach to their circumstances, our commitment to clear communication, our responsiveness, our attention to detail, and our professionalism in securing them as much compensation as possible. Ours is a law firm that has the size and resources to take on even the largest corporate defendants in the most complex matters, while also giving each of our clients individualized attention in service of their unique needs.
Buffalo Personal Injury FAQ
If you wish to file a personal injury claim in Buffalo, you must meet certain criteria
You were injured
Your injuries have negatively impacted your health, financial status, and career, along with other aspects of your life
Another person or entity is responsible for injuries through negligent or malicious practices
Some of the many types of potential personal injury cases in Buffalo involve:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Bicycle accidents
- Bus accidents
- Pedestrian injuries
- Slip and fall injuries
- Medical malpractice
- Premises liability
- Defective products
Victims may hold liable third -parties accountable through a personal injury claim or lawsuit.
In the event of a personal injury of any kind, victims have a limited amount of time to file a claim and seek compensation. This is called the statute of limitations, which varies from state to state. After this period passes, it can be extremely difficult or impossible to recover compensation from negligent parties.
In New York, individuals have three years from the injury to file a claim. However, there are some exceptions to this statute, depending on the circumstances of a particular case. For example, injury victims may not discover their injuries until long after the initial accident. Some injuries may also affect minors who cannot file a claim until they reach the age of consent.
Generally, injury victims should file a personal injury claim as soon as possible following an incident, as the claims process can take a long time to complete. The sooner you get started on your claim, the sooner you can be on your way toward recovering full compensation and avoid running out of time.
If you are involved in an accident that results in personal injury in Buffalo, there are some steps you should take to begin recovering and building a case.
The basic steps are as follows:
- Report the accident to the police or another trusted authority.
- Get medical treatment as soon as you can following the accident to identify and begin treating any injuries.
- Collect all witness information that may help support your claim.
- Capture photos and video footage of your injuries and the location of the accident
- Record as much information about the accident as possible in written form, including the time, date, location, and weather involved.
Contact an attorney to discuss your case and determine whether you have a viable claim.
There are multiple types of damages that victims may experience in personal injury cases. The two main categories of compensatory damages include economic and non-economic damages.
Economic damages are relatively easy to calculate and come with a specific dollar amount attached to them.
These damages may include:
- Medical expenses
- Lost income
- Lost earning capacity due to disability
- Property damage
- The cost of ongoing treatment
Non-economic damages, on the other hand, aren’t as easy to quantify and are more subjective.
Non-economic damages include:
- Pain and suffering
- Mental distress
- Loss of enjoyment of life
- Loss of consortium
To award both economic and non-economic damages, all damages must be reasonably quantifiable instead of speculative.
In some cases, injury victims may also recover punitive damages if the defendant behaved in an unusually egregious way. Unlike compensatory damages, punitive damages aim to punish the defendant and set an example with the hope of preventing similar behavior from others in the future. These awards are rare, but some cases do warrant them.
Every personal injury case will involve a different amount of compensation, depending on the nature of the accident and the types of damages sustained.
Specifically, the value of a case will depend on the following factors:
- The diagnosis and extent of injuries
- Whether the injuries are temporary or permanent
- The medical treatment and degree of pain and suffering experienced following the accident
- The amount of time employees miss from work
- Whether victims suffered a loss of enjoyment of life because of their physical or mental distress
- Whether victims shared responsibility for the accident
With so many potential elements influencing the value of a case, it can be challenging to determine the exact amount of compensation to pursue. This is why it’s often best to turn to a personal injury attorney with experience in these cases. The right attorney can help determine if you have a valid claim and can help calculate the total amount of compensation you may be eligible to recover.
Some personal injury cases can take a short time to settle without formal litigation. Attorneys may work directly with the other party involved or the defendant’s insurance company to negotiate a settlement and recover compensation.
However, not all cases will end with the claims process. Some cases may turn into lawsuits and go to trial. These cases can take as long as more than a year to settle. Ultimately, the time it takes to settle a personal injury case will depend on the complexity of the case and the ability of the claimant and defendant to agree.
Upon reaching a settlement, insurance companies or defendants will be responsible for paying compensation that covers medical expenses and other damages. Meanwhile, while waiting to settle, seek treatment and begin the recovery process. While you may be worried about how you’ll cover these expenses, there are ways to receive financial assistance and make these payments as needed.
One way to cover medical expenses while waiting for a settlement is to use personal injury protection (PIP) coverage following a vehicle accident. Health insurance may also be able to help cover some of these expenses. Workers’ compensation benefits could also help pay for bills if the accident was work-related. These and other insurers will likely want reimbursement from a portion of the settlement once awarded.
Even if you have no insurance, a hospital or doctor may agree to cover expenses with a settlement once reached.
If you had a pre-existing condition before a personal injury, you may still recover damages if another party aggravated it through negligence.
Personal injury cases take injury victims as they find them. This makes the question of whether someone without the pre-existing condition would have sustained injuries irrelevant. However, these cases are extremely complex and may require the testimony of experts to help prove how an accident aggravated a pre-existing condition.
As a general rule, if fault is difficult to prove and a large amount of money is at stake, consult a personal injury lawyer to discuss a potential claim or lawsuit. A knowledgeable attorney will also have experience with Buffalo personal injury law and understand how to approach the claims process, which can challenge individuals who don’t have experience with these types of cases.
Moreover, a good personal injury lawyer can determine if you have a valid case and, if they decide to take you on as a client, can help organize the evidence and build a case.
Our personal injury lawyers in Buffalo work on a contingency fee basis. This means that you don’t need to cover attorney fees until you reach and receive a settlement from the other party. If you and your attorney cannot reach a favorable settlement, you won’t need to pay attorney fees. If you do reach a favorable settlement, your attorney will charge a percentage of the awards to help cover attorney fees.
The percentage of an attorney’s contingency fee depends on the state, along with the type of case and the facts involved.
One of the first factors to look for in a good lawyer is personal injury experience. Make sure the attorney you turn to has handled not only personal injury claims but cases involving your specific accident and injuries. For example, if you were in a slip and fall accident, look for an attorney with slip and fall case experience.
You can find the ideal lawyer for your case in many ways. First, you can seek recommendations from friends and acquaintances. People you know may have experienced success with an attorney and may refer you to them. You can also conduct research online to find a reputable local lawyer. In any case, a good lawyer will be able to provide a free consultation in which they review the details of your case and determine the options available to you.
During a consultation, don’t be afraid to ask about the attorney’s experience and what a personal injury case would entail. Additionally, take some time to get a feel for the attorney’s personality and determine whether you’re a good fit. By selecting the lawyer that’s right for your case, you’ll determine how best to approach your case and benefit from an amicable relationship as you navigate the claims process.
Experienced Buffalo Personal Injury Lawyers Who Will Fight For You
No one ever expects to suffer an injury in an accident or incident in Buffalo. In the aftermath of an unexpected personal injury, however, the lawyer you choose to handle your case can make all the difference in your chances of receiving compensation.
Finkelstein & Partners has represented Buffalo and Upstate New York clients in personal injury cases for over six decades. We know how to get results, and have the track record to prove it.
If you or a loved one is the victim of a personal injury accident in Buffalo, then contact Finkelstein & Partners LLP online or call us at 800-529-2676 (800-LAW-AMPM) for a free case evaluation.
Do not wait to seek the services of a skilled, experienced lawyer for your Buffalo-area personal injury case. You may have a limited amount of time to take legal action before losing your rights. Call or contact us online today.
515 Brisbane Building
403 Main Street
Buffalo, NY 14203
We are dedicated to serving clients in Western New York, specifically Erie County. The attorneys at our Buffalo office location are committed to fighting for the rights our clients deserve.
If you or a loved one need legal representation, contact us immediately.
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Finkelstein & Partners, LLP – Winning Serious Injury Lawsuits Since 1959