If you suffered injuries because of another party’s negligent behavior, you may be entitled to compensation in a personal injury lawsuit. Personal injury cases can come in multiple forms. The legal analyses that apply to your case will depend on the type of injury suffered.
Defendants’ insurance companies may use various tactics to dispute your personal injury claim. Insurers can hire teams of people to shift blame and refute the value of your case. An experienced personal injury lawyer can help recover the full range of compensation available to you.
If you were injured because of another person’s negligent conduct, seek assistance from our experienced Buffalo personal injury lawyers by calling The Carrion Law Firm at (718) 841-0083 for a free case review.
Time Limits to File a Personal Injury Case in Buffalo
In most cases, plaintiffs will have 3 years from the date of their personal injury to file a lawsuit. However, you should not wait to file a claim. There are numerous requirements plaintiffs must satisfy when filing a personal injury claim. For instance, claimants must pay any required court fees, file their claim in the correct court, serve defendants, attach supporting documents, and ensure they file a complete claim. Failing to meet any of these requirements will force plaintiffs to re-file.
Accordingly, plaintiffs should file their personal injury claims early to afford themselves time to re-file if necessary. Our experienced Buffalo personal injury lawyers can offer guidance and support when filing your case.
How Our Buffalo Personal Injury Lawyers Can Help with Your Case
You may recover financial compensation in a personal injury case if you were injured because of another party’s negligence. Monetary damages can help victims endure the emotional distress and financial hardships that accompany personal injuries. However, the process for recovering damages can be complicated. Our experienced Buffalo personal injury lawyers can offer help during each stage of the personal injury lawsuit process.
Reviewing Your Case
The first step to recovering compensation is determining if you have a valid claim. Depending on the type of injury you suffered, different legal strategies may apply to your case. However, four general elements must be satisfied in order for your personal injury case to proceed:
- The defendant had a duty of care.
- The defendant breached a duty of care.
- Your injuries were caused by the defendant’s breach of duty.
- You suffered damages because of your injuries.
If you were injured because of another person’s negligence, you may contact our Buffalo personal injury lawyers to review your case for free. Our team can assess your case to determine if the 4 required elements have been satisfied.
Gathering Evidence
Typically, you will have to prove that another party caused or contributed to your injuries to recover damages in a personal injury lawsuit. The following are examples of evidence that may be used in your personal injury lawsuit:
- Medical records
- Eyewitness testimony
- Expert witness testimony
- Police reports
- Surveillance footage
- Computer or phone records
- Photos and videos from the scene of an accident
- Physical evidence from the scene of an accident
The process for recovering relevant evidence can be difficult. Important documents can be lost, and witnesses can forget important details. Victims should contact our Buffalo personal injury lawyers as soon as possible for help collecting evidence in their case.
Filing Your Case
As previously mentioned, our experienced Buffalo personal injury lawyers can help you file your case. Failing to comply with the numerous requirements for filing a personal injury lawsuit could cause you to miss out on compensation.
Proving Fault
New York follows a pure comparative fault system when awarding damages in personal injury lawsuits. Accordingly, the amount of damages you may recover in a personal injury case will be determined based on your percentage of fault. If you were 30% at fault for an accident and a defendant was 70% to blame, the defendant will be ordered to pay for 70% of the damages related to an accident while you will be responsible for the other 30%.
Defendants’ insurance companies will likely attempt to shift blame to avoid paying for an accident. Our Buffalo personal injury lawyers can help prove that another party was responsible for your injuries.
Negotiating with Insurance Companies
Furthermore, our Buffalo personal injury lawyers can help negotiate with insurance companies on your behalf. Defense lawyers may employ various tactics to entice low personal injury settlement agreements. Our team can ensure you know what your case is truly worth to avoid accepting any low offers. Therefore, you can increase your chances of recovering the full range of damages available to you.
Trying Your Case
If a settlement agreement is not reached, then your case will go to trial. Our Buffalo personal injury lawyers can help build and present your case in a convincing manner.
Settling a Personal Injury Case vs. Taking a Personal Injury Case to Trial in Buffalo
A settlement agreement serves to resolve disputes between parties without going to trial. Under a settlement agreement, a defendant will agree to pay a certain amount of monetary damages to a plaintiff and the case at issue will be voluntarily dismissed. A settlement agreement is a legally binding contract. By settling early, you will be able to avoid the countless costs and stresses that accompany taking a case to trial.
Settling a case early is not always advised. In some lawsuits, defendants will be unwilling to offer fair compensation. Taking a case to trial may allow plaintiffs to recover additional damages. However, plaintiffs who are unsuccessful at trial are at risk of missing out on any and all compensation. Our Buffalo personal injury lawyers can help weigh the risks and rewards of going to trial in your case.
If You Were Injured Because of Another Person’s Negligence in Buffalo, Our Lawyers Can Help
If you were injured because of another person’s negligent conduct, get help recovering the compensation you deserve. Contact our experienced Buffalo personal injury lawyers by calling The Carrion Law Firm at (718) 841-0083 for a free case review.