The trauma of personal injury can have an unexpected and devastating impact on victims’s lives. Their financial circumstances, health, relationships, work, and several other aspects of their life could be impacted by personal injury. If you or your loved one suffered a personal injury as a result of someone else’s wrong, misconduct, or negligence, you have the right to seek compensation.
For victims in Buffalo, NY, you can get in touch with us at Mazzu Law to understand your rights and responsibilities. Our attorneys can guide you on your legal options to recover compensatory damages for your suffering. It also helps to have a solid understanding of Buffalo’s personal injury laws so you can make informed decisions about your claim or lawsuit.
Overview of Common Personal Injury Cases
Personal injury law encompasses a wide range of situations where a person suffers from harm due to someone else’s fault. While all such cases fall under personal injury law, each type of personal injury case has its legal considerations and implications.
At Mazzu Law we understand how to handle the different types of personal injury cases. We believe in tailoring our approach to fit the challenges of your case, all while keeping the best interests of our clients at the center of every decision we make. Here are some of the most common types of personal injury cases we handle:
Car Accidents
The most common types of personal injury we see are related to car accidents, including truck accidents, bus accidents, and pedestrian accidents. Common reasons for these collisions include speeding, distraction, driving under the influence, or failure to abide by traffic signals.
Such accidents don’t always offer immediate clarity about who’s at fault, especially when multiple drivers or external factors are involved. The case may require an in-depth investigation to gather evidence that can support the claim or lawsuit against the opposing party.
Construction Site Accidents
Construction sites are dangerous. A single overstep, a slight defect in heavy machinery, or overlooking safety procedures could be all that’s needed to cause a catastrophic accident at the construction site. There’s often an added layer of complexity with construction site accidents because multiple parties may be involved in the project.
This includes contractors, subcontractors, equipment manufacturers, and other parties working together at the site. Consult with a construction accident lawyer to learn more about such accidents.
Slip and Fall Incidents
Slip and fall accidents fall under premises liability law. At Mazzu Law we offer legal guidance and representation for all types of premise liability cases, including slip and fall accidents.
Some of the most common reasons for these accidents include wet floors, uneven surfaces, cluttered walkways, or poor lighting. It’s the responsibility of the party in control of the property to either fix the safety hazard or to warn visitors of the risk and to take all reasonable precautions to keep them safe at their premises.
Workplace Accidents
Workers’ compensation cases fall under the broader category of personal injury law, but they operate differently in terms of proving negligence. Instead of proving fault, employees only need to show that their injury or illness is work-related to receive benefits. Workers’ compensation cases are generally more straightforward as you don’t have to prove fault.
However, a potential drawback of workers’ compensation is that victims might be limited to the type of damage they can recover. For example, workers’ compensation claims may not allow for compensatory damages for pain and suffering.
You may need to file a personal injury claim or lawsuit to obtain full damages. Another key requirement of workers’ compensation is that the injured victims must prove that the injury was caused while they were performing work-related injuries. If the injury was a result of pre-existing conditions and did not happen while the individual was performing a work-related activity, then you may be unable to recover compensation.
Dog Bites
Another type of personal injury case is when a person is injured by a dog bite. While injuries from dogs are more common, victims have the right to seek compensation for injuries caused by other types of pets. Dog bites can often lead to serious injuries, including puncture wounds, lacerations, infections, and even long-lasting psychological impacts.
Most states follow a strict liability law for dog bites, according to which the dog owner is held responsible regardless of whether they were aware of any aggressive tendencies of their pet. However, if the victim is found guilty of provoking the dog or trespassing on private property, their claim might be reduced or dismissed.
Some states follow a “one bite rule,” meaning that a dog owner isn’t liable for the first bite unless they have prior knowledge of the dog’s viciousness. However, many states have moved away from this rule and now have strict liability laws.
There are also several other types of personal injury cases that we handle at Mazzu Law, including wrongful death claims.
Steps to Take After the Accident
While the steps to take after a personal injury accident depends on the circumstances, generally, the most immediate concern is the health and safety of those involved in the accident. You should seek immediate medical attention for any injuries you may have suffered in the accident.
The best way to do this is to report the accident to the appropriate authorities so everyone who needs emergency assistance gets there on time. As a victim of a personal injury accident, getting medical attention helps create a record of your injuries, including the medical expenses you had to incur.
Regardless of whether you were at fault or not, you should never flee the accident site. This is most common in auto accidents. Fleeing the accident site may be considered a hit-and-run and is considered a serious offense. You should wait at the accident site for the police to arrive. They may need to gather information from all parties involved, document the scene, and create an official report.
The evidence available at the accident site is often useful in personal injury cases. If you need emergency medical attention, you should go to a hospital or emergency clinic as soon as possible. However, if you’re at the scene and in stable condition, you can start gathering evidence that can support your claim.
Take photos and record videos from the scene, including your injuries, property damage, or anything that can help your case. You can also check if any eyewitnesses are willing to provide statements or testify in your favor. For those willing to cooperate, collect their names and contact information. Witness statements can be invaluable in legal proceedings.
Keep a detailed record of everything related to the accident, including medical treatments, expenses, and any communication with insurance companies or other parties involved. Reach out to a New York personal injury attorney to discuss your case. An experienced attorney can provide guidance on the legal process and help protect your rights.
Process of Filing a Personal Injury Claim With Mazzu Law
After you have taken care of all the immediate steps in the aftermath of the accident, you can start building your personal injury claim with the help of Mazzu Law, PLLC. We understand that the period following an accident can be stressful and confusing, and we’re here to provide legal guidance and representation every step of the way.
The process for filing a personal injury claim in Buffalo with Mazzu Law starts with an initial consultation with one of our personal injury attorneys. In this session, our Buffalo personal injury attorneys will do a preliminary assessment of your car to guide you on your legal options.
If you choose to move ahead with a claim, our legal team can help you build a strong case by gathering evidence and preparing a legal strategy that can get you the best possible outcome from your case.
With the investigation complete, the next step is negotiating with the responsible party’s insurance company. However, if a settlement can’t be reached through negotiations, your attorney will then formally file a personal injury claim with the appropriate court.
We can consider alternative dispute resolution methods such as arbitration or mediation. However, if that also doesn’t yield a positive outcome, then we can proceed to a trial. Our team will present your case to a judge or jury, using evidence and arguments to demonstrate the other party’s negligence and your damages. Our experienced trial attorneys will rigorously cross-examine witnesses and present a strong case to get you justice.
The Importance of Timely Action
Personal injury cases must be initiated in a timely manner. Not only is this a requirement by law, but can also help improve the chances of a positive outcome of the case. The law requires victims to initiate legal action within the statute of limitations.
For personal injury cases in Buffalo, NY, the statute of limitations is typically three years from the date of the injury. Failing to file a claim within this period can result in losing the right to seek compensation for lost wages, medical bills, and other damages.
The statute of limitations helps ensure personal injury cases are brought forward in a timely manner. It also helps ensure fairness in the legal process by helping preserve evidence and witness testimonies, which are crucial for building a strong case. Taking timely action also helps promote more thorough investigations and better preparation for legal proceedings.
There are circumstances where the statute of limitations can be extended. These exceptions or exemptions to the time frame may only apply under certain conditions, such as cases that involve a minor in a personal injury accident. You may be able to pause the clock until the minor is legally an adult.
Benefits of Working With a Local Buffalo Personal Injury Lawyer From Mazzu Law
Hiring a skilled personal injury attorney in Buffalo can go a long way in getting a positive outcome from your case and reducing your stress and frustration through the process. At Mazzu Law, we have a deep understanding of what it takes to secure a favorable outcome.
From gathering evidence and completing all the legal paperwork to negotiating with the insurance companies and fighting for your rights in court, we can handle all aspects of personal injury claims and lawsuits.
With a local attorney, you get an attorney who’s familiar with the nuances of state and local laws, court procedures, and the tendencies of local judges and juries. This can give you the edge in your case.
Another benefit of working with a local Buffalo accident lawyer from Mazzu Law is their established relationships with local professionals and experts. Personal injury cases often require the input of medical professionals, accident reconstructionists, and other experts to build a strong case. A local injury lawyer will have a network of trusted contacts who can provide valuable testimony and evidence to support your claim.
At Mazzu Law, we believe in giving back to the Buffalo community which has trusted us over the years. As local attorneys, we’re not just legal representatives—we’re deeply connected to the local community and leave no stone unturned to fight for the rights of our clients.
Schedule a Consultation With an Experienced Personal Injury Attorney in Buffalo, NY
Have you suffered a personal injury in Buffalo, NY? If your injuries were a result of someone else’s fault, then you have the right to seek compensatory damages. If you want full and fair compensation for your losses, you’ll need to complete all the legal steps in the process, including gathering evidence and negotiating with the insurance companies.
Allow Mazzu Law to handle all the legal aspects of your case, so you can focus on recovering from the accident. Contact us to schedule a free consultation with one of our attorneys.
FAQs About Personal Injury Law and Claims In Buffalo
Do Personal Injury Claims Always Go to Court?
No, the majority of personal injury claims are settled out of court. This offers several benefits, including a quicker resolution to the dispute and more control over the outcome of the case.
However, if the parties involved in the case can’t reach an agreement, then the case can go to court. If you feel you aren’t getting a fair personal injury settlement, that’s worth considering taking the case to trial. Keep in mind that you can continue to seek an out-of-court settlement while your case is in court. Settlement discussions can happen at any stage, even during trial.
How Does Comparative Negligence Impact a Personal Injury Claim?
Personal injury cases in Buffalo, New York, follow a comparative negligence system. According to this system, each party’s degree of fault is assessed, and any compensation awarded is adjusted based on the party’s percentage of responsibility for the accident. If you were partially at fault for the accident, your compensation will reflect your share of fault.
How Long Does It Typically Take to Resolve a Complex Personal Injury Case In Buffalo?
There is no definitive answer to this. Each personal injury case is different in some aspects, making it impossible to provide a one-size-fits-all timeline. The duration of a case depends on a variety of factors, including the severity of the injuries and the complexity of the legal issues involved.
In cases where the liability is heavily disputed or there are conflicting accounts of what happened can take longer. Cases that require expert analysis and testimony can also take longer compared to more straightforward personal injury claims.
Personal injury cases in Buffalo that are resolved out of court offer a quicker resolution. If the case goes to court, then it can add more time to the case. While settling out of court can expedite the process, it’s important to weigh that against the potential for higher compensation that may be achieved through litigation. An experienced attorney can help you evaluate your options and make the best decision for your circumstances.