An accident can create a severe disruption in your life. When it results in injuries, it often takes a physical, emotional and financial toll. If your injuries were due to another party’s negligence, you deserve compensation for your losses. Insurance companies aren’t usually forthcoming, doing what they can to minimize costs. They may even deny your claim entirely.
Even when an insurer offers a settlement, it seldom is enough to cover your losses. No matter how good the at-fault party’s coverage is, insurance does not pay non-economic damages. An accident attorney in Buffalo, NY, can help you pursue a just settlement.
What Types of Accident Cases Do Attorneys Handle?
Each year, an average of 35 million people visit an emergency room for treatment of injuries, some of which are due to the negligent actions of others. An accident attorney in Buffalo, NY, handles personal injury cases. These types of cases involve injuries or fatalities resulting from another party’s negligent actions or inactions. Several accident types may qualify as personal injury cases.
Traffic Accidents
New York is a no-fault car insurance state and requires all drivers to carry personal injury protection to pay for injuries no matter who causes the accident. Even so, coverage may not be sufficient to cover the full extent of damages.
If your injuries exceed the limits available with your PIP, you can file a legal claim. New York’s minimum coverage requirements provide:
- Payment of medical expenses and rehabilitation costs (as long as they are reasonable and necessary)
- Payment of related expenses for up to $25 per day
- Wages for 80% of your salary, up to $2,000 per month, for a maximum of three years
The state also allows lawsuits for non-economic damages, such as pain and suffering, if your injuries meet the legal definition of a severe injury. The two most common types of personal injury traffic accidents an accident attorney handles are car crashes and truck accidents.
Car Crashes
Between 2017 and 2019, There were an average of 44 fatal car accidents, 336 hospitalizations and 6,890 emergency room visits per year. Every driver on the road is responsible for the safety of other motorists, passengers, cyclists and pedestrians they encounter. When they fail their duty of care and cause an accident, they are liable for the resultant injuries and damages.
Truck Accidents
Truck accidents often lead to more serious injuries for motorists than truck drivers. In 2019, 892 truck occupants died, and 46,000 sustained injuries, while 3,544 occupants of other vehicles lost their lives, and another 110,000 suffered injuries in truck accidents across the U.S.
Though vehicle drivers can be at fault in an accident involving a semi, the trucker’s negligence often contributes to the accident. Tractor-trailer collisions are often complex cases. Other parties in the trucking industry may also be liable. An accident attorney in Buffalo, NY, understands what evidence to seek and who might be held accountable in a truck accident personal injury case.
Slip-and-Fall Accidents on Third-Party Property
Slip-and-fall accidents can cause debilitating injuries and even death. When the accidents that cause harm are due to another’s negligence, the third party may be responsible for paying damages. Property owners and managers have a duty of care to maintain safe conditions for visitors. However, personal injury cases often present challenges for those who pursue compensation without an attorney’s help.
Proving negligence under premises liability requires evidence that the at-fault party knew of the dangers but did nothing to prevent harm to visitors. An accident attorney in Buffalo, NY, has the knowledge and experience to establish fault in a slip-and-fall case.
Workplace Accidents
In 2021, the N.Y. Workers’ Compensation Board reported 148,751 workers’ compensation claims. New York law requires almost all employers to carry workers’ compensation insurance for their employees. Employees who get hurt are entitled to file a workers’ comp claim. In return, they cannot sue their employers.
However, workers sustaining injuries on the job may be entitled to pursue a third-party legal claim. Construction sites are one example of a workplace where a third party may be liable for an accident. If you’ve been injured on the job, an experienced accident attorney in Buffalo, NY, can evaluate your case to determine if it qualifies for a lawsuit.
How Does an Accident Attorney Help?
Pursuing a legal claim for a personal injury requires an in-depth understanding of the laws governing the various case types that may qualify. While you can represent yourself, having an attorney on your side may significantly improve your chances of obtaining a fair settlement.
An experienced accident attorney understands what’s at stake for you and what tactics insurance companies and defendant counsel use to avoid providing you the compensation you deserve. Before you discuss your accident with the insurance companies, you may want to talk to an attorney.
Evaluates Your Case
The first thing an accident attorney does is evaluate your case. The lawyer reviews the details to determine whether the specifics have merit for a lawsuit. At Cellino Law, we provide a free case evaluation and honest feedback about your options.
Collects the Evidence
Constructing a solid case requires multiple forms of evidence. No matter how obvious it is to you that the other party is at fault, the burden of proof lies with you. The defendants and their representatives will undoubtedly present arguments to cast doubt or place the blame on your shoulders.
While you focus on recovering from your accident, your accident attorney can concentrate on collecting the evidence. Lawyers know what kind of proof is needed and how to obtain it. They also have the resources to persist when faced with obstacles such as unresponsive doctors’ offices. Additionally, attorneys can often get their hands on evidence that is harder for victims to obtain.
Establishes Proof of Liability
Once your accident attorney gathers all the evidence, the lawyer constructs your case, piecing together the evidence and the laws to prove the other party was liable for the accident that caused your injuries. Part of the process also involves preparing for the arguments the other side will present to counter your claims. Though you are the claimant and not the defendant, your attorney should be ready to fight for your rights.
Negotiates With Third-Party Representation
Negotiating claims is somewhat of an art form. It requires finesse in handling the other party’s proposals and arguments, knowledge of the range of damages you may incur and a willingness to persist in the face of aggressive and intimidating tactics from the other side. A Cellino Law personal injury attorney in Buffalo, NY, handles the negotiating process for you and looks out for your best interests.
Represents You in Court
Personal injury lawsuits almost always settle out of court. All parties involved are usually happy to avoid going in front of a judge and jury. However, if your case does not reach a satisfactory conclusion during the negotiation process, your attorney represents you in court.
Who Can You Call for Help With Your Accident in Buffalo, NY?
Cellino Law accident attorneys in Buffalo, NY, are here to support you in pursuing fair compensation for your injuries. We understand that every case is unique and offer personalized attention and dedicated assistance. You deserve an attorney who listens and looks out for your interests. You get that with Cellino Law. Get in touch with us today and let us help you recover the compensation you deserve.