Are Car Accident Lawsuits Different In Buffalo, NY?

As one of New York’s largest cities, Buffalo experiences many car accidents daily. Although some are minor, others cause injuries and fatalities. Those injured need medical treatments and time off from work during recovery, so finances can quickly become strained.

Filing insurance claims or car accident lawsuits isn’t always straightforward, leaving injured accident victims wondering what to do. Fortunately, the personal injury attorneys at Cellino Law can help.

What Should You Know About Buffalo, NY, Car Accident Lawsuits?

New York has several laws and regulations governing car accident claims and lawsuits. In many auto collisions, it’s challenging to determine how they apply to your specific circumstances. However, a competent car crash lawyer knows how to handle even the most complicated situations.

The Statute of Limitations Presents a Deadline

For most car accident personal injury lawsuits, you must file your case within three years of the collision. The courts will probably dismiss your case if you don’t submit your lawsuit before the deadline.

Although rare exceptions might apply, it’s best not to take a chance. Cellino Law needs time to prepare your lawsuit, so contact us in plenty of time.

Pure Comparative Negligence Determines Compensation Percentages

New York uses the pure comparative fault rule if more than one party is responsible for causing a car crash. Even if you’re partially to blame, you can still seek compensation from other drivers if the no-fault rules allow it. In some states, you can’t obtain damages if you’re more than 50% at fault, but that doesn’t apply in New York.

That’s the good news. The bad news is that your degree of fault reduces the amount of compensation you can receive proportionately, so it’s crucial that the percentage of fault assigned to you is minimal. For example, suppose you are 35% responsible for causing your accident, and the total damages equal $100,000. You can only obtain $65,000 because the total is reduced by 35%.

New York Is a No-Fault State

New York is one of the few no-fault insurance states. State laws require drivers to purchase at least $50,000 of personal injury protection insurance. These PIP policies cover some expenses if you’re in a car accident regardless of who is at fault, hence the “no-fault” terminology.

PIP pays up to your policy amount for three types of damages: most medical expenses, a portion of your lost wages, and a small death benefit. You must file a claim for medical costs within 45 days and lost wages within 90 days.

Your insurance company may require an independent medical exam before paying for your healthcare expenses. This is particularly true if your injuries are severe or require expensive treatments. However, in certain circumstances, you can pursue a claim against the at-fault driver.

When Can You Seek Damages From Other Drivers?

You can file a claim or lawsuit if your case meets specific requirements. Your economic damages must exceed $50,000, or your injury must be “serious.” Serious injuries include:

  • Death
  • Dismemberment
  • Fractures
  • Loss of a fetus
  • Permanent or significant loss or limitation to using bodily functions, organs, members, or systems
  • Significant disfigurement
  • Impairments that occur within 90 days of the accident

Your personal injury lawyer will tell you if your injuries qualify. If they do, you can seek economic and non-economic damages.

Are There Issues That Can Further Complicate Your Case?

As if the laws aren’t confusing enough, other issues can make your car accident case even more challenging:

  • Multiple-vehicle accidents can have several partially responsible drivers.
  • If your accident involves commercial vehicles, you can potentially recover damages from the driver, the vehicle’s owner or leasing company, and the employer.
  • Accidents involving government vehicles have more stringent guidelines and possibly more than one party responsible for those vehicles.
  • When collisions include underinsured or uninsured drivers, obtaining compensation is often tricky.
  • Dram shop laws mean you can possibly hold establishments responsible for drunk drivers they serve if those drivers cause an injury accident.

Insurance companies can also cause problems. They might:

  • Deny your claim
  • Refuse to make a reasonable settlement offer
  • Try to assign you an unfair degree of fault

Any of these complications can make recovering adequate compensation for your damages difficult unless you have a car accident lawyer on your side.

What Do Car Accident Attorneys Do?

Hiring a competent car accident attorney to represent you if you’re an injured victim will help you in several ways. Let us handle your case so you can focus on recovering from your injuries.

Investigate Your Accident

Many car accident cases require an extensive investigation into the cause of the collision, but you probably don’t have the resources to investigate on your own. When you hire a reputable personal injury firm like Cellino Law, we use our resources to perform a thorough investigation.

The evidence we gather can be vital in determining someone else’s fault and your minimal degree of involvement in causing the crash. This is crucial because the amount of compensation you can receive depends on it.

File Your Paperwork

You must notify the state and file insurance claims within specific periods, which means lots of sometimes confusing paperwork. A personal injury lawsuit requires even more. Your attorney will submit it for you.

Speak to Insurance Companies

Your lawyer will speak to insurance company representatives for you. We’ll also negotiate with them aggressively to obtain the maximum compensation you deserve.

Although the majority of these claims settle, sometimes a trial is required. In that case, you need an attorney who is an experienced litigator.

Why Should You Hire Cellino Law?

If you sustained injuries in a car accident in Buffalo or the state of New York, Cellino Law has the knowledge required to represent you successfully. We focus on personal injury law and car accidents, and we have over 60 years of experience. We have assisted our clients in recovering over $2 billion, and we’d like to help you too.

You won’t pay us unless you win, so there’s no risk to you. Contact Cellino Law today for your free case review. We’re available 24/7, so there’s no need to wait.

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Testimonials

  • I just want to let you know that I did receive my settlement check. More importantly, I want to thank you again for all you did for both me and my family. I could not be more pleased with my experience at Cellino Law. From the moment I first spoke with you I felt comfortable - you took a sincere interest in my case, clearly explained the process and effected a quick settlement. From this day forward, when someone asks if I can recommend a good lawyer I will, without hesitation, say "Cellino Law". Thanks again.

    Walter

  • Choosing the right attorney to represent you after an accident can make all the difference. This is no cliche. I recently experienced these words to live by first hand. After a tractor trailer rear ended me at high speed in 2017 I retained Allan Silverstein to handle my case. I quickly realized that bringing a lawsuit rapidly snowballs into a mountain of details that can make or break your results. Documents, case histories, doctor visits, bills, and lots of phone calls all need to be accurately kept track of if a successful outcome it to be attained. To complicate matters I reside in New York and the incident took place in New Jersey. Luckily, Allan was licensed in multiple states. I was fortunate to find Allan to handle this matter from the New York area. Armed with an accurate account of the facts Allan went to work on the difficult job of negotiating with the defending insurance company as well as my no fault carrier in order to obtain the best possible outcome for my set of circumstances. In a lawsuit communication is key and and events can be of a timely nature. Allan never failed to return my calls - usually the same day! He fought skillfully and respectfully to get me the best possible settlement. He is easy to deal with and a likeable down to earth guy. He always listened with compassion and respect to my issues. He guided me with objective understanding as well as a realistic analysis of the merits of my case. When we finally settled Allan got me a fair agreement beyond my expectations and negotiated with my doctors to make sure all my bills were paid. It was a great experience having Allan represent me. Quality work in any aspect of life is hard to find. Quality is what I got with Allan Silverstein. I highly recommend him if you find yourself in need of a personal injury attorney.

    Theodore

  • Thank you for your help in settling the case of my father's accident. I could always count on you to answer my questions honestly and in terms I could understand. If all lawyers at Cellino Law are like you, I understand why they are an A-1 law firm.

    Bedner

  • This letter is to thank Ms. Diane D’Andrea, assistant to Mr. George Gridelli, Attny for all the hard work, dedication, and attentiveness she showed during the representation of my case. She was always cheerful and ready to help in whatever way she could. All messages left for Mr. Gridelli were always relayed and Mr. Gridelli always promptly returned our calls. She was a very competent assistant. Cellino Law has proven to be a model of what legal representation should be. Throughout the 6 ½ years of this case, I have heard many horror stories from people with “bad lawyer stories.” We consider ourselves to be very lucky to have chosen Cellino Law and will always recommend you to those looking for good, honest representation with a personal touch.

    Joseph

  • This is to express our gratitude to you and your team in helping us and Stephanie navigate through the legal process following her car accident. We are very satisfied with the outcome and grateful for your hard work and attention to details. We fell confident that with this compensation, Stephanie will be able to move forward with her studies and her life with the ability to care for some of her health needs resulting from the injuries sustained following her car accident. Thank you very much and may God continue to bless your efforts.

    Jose & Rose

  • I really just wanted to say thank you so much for taking my case, answering all my questions, and mostly for being very patient with me. I feel that without you and Roza I would not have been able to get anything at all. I hope to never need a lawyer again, but if I do I will definitely want you both working for me. Again thank your for you hard work, time and patience.

    Veola