Most people are used to hiring a lawyer to handle a real estate transaction or prepare a will.  In those situations, the lawyer is paid an agreed upon fee for his or her work.  If you have suffered a serious personal injury in Buffalo or Western New York and need a personal injury attorney, however, that is not how payment of that lawyer is handled. 

Typically personal injury attorneys do not receive any money up front from their client.  Instead, once the case is finished, the personal injury attorney receives a previously agreed upon percentage of any monetary compensation they have obtained on behalf of their injured client.  The idea behind this payment method is that it gives the personal injury attorney incentive to work hard to obtain the best result possible for his or her client, because a higher settlement also means the personal injury attorney will receive a larger fee. 

This is good news if you have suffered a serious personal injury and feel you cannot afford a lawyer:  in a personal injury case, your lawyer does not get paid until you do.

To sue for damages beyond property damages resulting from an automobile accident in Buffalo, Erie County or elsewhere in New York State, the injured party must prove that he or she has suffered a “serious injury.”  For personal injury accidents involving an automobile, New York State Insurance Law provides the following types of personal injuries that are considered “serious injuries”:

1. death;
2. dismemberment;
3. significant  disfigurement;
4. a fracture;
5. loss of a fetus;
6. permanent loss of use of a body organ, member, function or sysem;
7. permanent  consequential  limitation  of  use of a body organ or member;
8. significant limitation of use  of  a  body  function  or  system;
9. a medically  determined  injury  or  impairment  of a non-permanent nature which prevents an injured person from performing substantially  all  of the  material  acts  which  constitute that person’s usual and customary daily activities for not less than ninety days during the one hundred  eighty  days  immediately  following  the  occurrence  of  the injury or impairment.

Some of these types of injuries, fractures or dismemberment, for example, are easy to prove when suing in a personal injury case.  Other categories, however, are more difficult to establish.  If injured in a car accident, you should document all of the limitations your injuries place on you and be prepared to share this information with a personal injury attorney who can help you determine if you have suffered a “serious injury” under the law.

While there are several exceptions, personal injury cases in New York State are usually handled at the supreme court level in the county where the accident occurred.  While for many other states and the federal goverment a “supreme” court is the highest level of court, in New York State there is a “supreme” court in each county. 

For example, if you are injured in a car crash in the Town of Clarence or the City of Buffalo, your case is most likely to be heard in the New York State Supreme Court in Erie County.  If you are hurt after slipping on an icy sidewalk in the City of Batavia, the most likely venue for your case is New York State Supreme Court in Genesee County. 

Having a case decided near the location where your injury occurred is often easier because of its proximity to evidence such as eyewitnesses, police officers who may have investigated the accident, and anyone who provided immediate medical care.  There are exceptions to this general rule, however, and you should consult with an experienced personal injury attorney who can determine if there are other possible venues to bring your case in and which of these courts is appropriate for your case.

In many cases where a person is injured as a result of someone else’s negligent conduct, such as a car accident or tripping over a hazard on someone’s property, the extent of that person’s injuries may not be immediately apparent.  At first, they may not even think their injuries are serious enough that they may need to hire an experienced personal injury attorney and sue for the damages they have sustained. 

If it does turn out that an accident has resulted in a personal injury serious enough that you need to sue, you have three years from the date of the accident to bring a lawsuit for your personal injuries.  If you think you may need to bring a lawsuit but are not sure, you may wish to consult with an experienced personal injury attorney as soon as possible so that they will be aware of the time limitations in your case and can help you determine if a lawsuit is necessary.

New York State is what is referred to as a “No Fault” state.  This means that if you are involved in an automobile accident in, for example, Erie County and suffer a personal injury, your initial medical bills and a portion of any lost wages will be paid by your own automobile insurance company, even if the other driver is at fault and ultimately found liable for your injuries. 

The amount your insurance company must pay is, however, capped based on how much coverage you have purchased.  If you do not know how much coverage you have, you should contact your insurance provider to discuss this.  Medical bills from an automobile accident can mount quickly.

Under New York State law, you have thirty days to report a no fault claim to your insurance company, or you may be denied coverage.  If you are in an automobile accident and require medical treatment, you, a member of your family, or your personal injury attorney should contact your automobile insurance company as quickly as possible and inform them of the situation.

Following a car accident in the Buffalo area, you should have your injuries cared for immediately at a hospital or by your doctor.  Nobody wants to be involved in a personal injury case, and most people are hopeful that their injuries will heal without the need for extensive medical treatment.

In our years of experience as personal injury attorneys in Buffalo, we have found that this hope can often work against you if your apparently minor injury turns out to be a serious physical injury.  Failure to document this injury right away may lead to questions about its relationship to the automobile accident.

When you see the doctor or other medical personnel, you should tell them about every complaint and injury you have, even the ones that seem very minor. Some types of personal injuries, such as back or neck injuries, do not always immediately result in severe pain.

Make sure your doctor aware of even minor complaints.  Not only will this help your doctor in his or her efforts to diagnose your injuries, but it will also result in documentation of that complaint should the injury prove more serious than you initially thought.

First, New York State law and Buffalo ordinances require that any driver involved in a car accident stop at the scene even if a personal injury has not occurred.  You should not move your car unless leaving it where it is creates a hazard for other drivers.  At this point making sure everyone is safe, including others using the road, is the most important step you can take.

If you have suffered a personal injury, in most cases you should remain where you are and wait for help.  If you are not injured but other people are, you should immediately dial 911 and request an ambulance.  Unless you have medical training, you should not attempt to treat any injured person yourself or move them unless they are in immediate danger.

Following a motor vehicle accident, New York State requires all drivers to exchange their names and addresses, along with the names and identification numbers of their insurance company. If possible, you should ask to see the other driver’s license, registration and insurance card and copy down all of this information.

Aside from exchanging this required information with the other driver, it is best not to have any discussion with him or her.  Do not get into a discussion with them about who caused the accident. Wait for the police to arrive and tell the police officer your recall of how the accident occurred.

When speaking to the police, you should find out his or her name, badge number and department or precinct. It will make it easier for you or your personal injury lawyer to obtain a copy of any police reports at a later date.

Following the accident, you should contact your insurance company immediately.  If the insurance company is not notified of an accident in a timely fashion, they may deny your claim.

A motor vehicle registered in New York State must have liability insurance with a minimum of $25,000/50,000 for injury, $50,000/100,000 for death, and $10,000 for property damage caused by any one accident. New York State is a no-fault state.

The liability coverage must remain in effect while the registration is valid, even if the vehicle is not used, except for motorcycles.

The liability coverage must be New York State insurance coverage, issued by a company authorized to do business in New York State and licensed by the New York Insurance Department. Out-of-state insurance coverage of any type is never acceptable or valid. If your vehicle is registered in New York State, the liability insurance coverage must be New York State insurance coverage.

Liability coverage must be issued in the name of the registrant and must remain in the name of the registrant at all times. A change to a name different from the registrant causes a lapse in insurance coverage.  The driver’s license of the registrant and the registration will be suspended.

You are required to show a New York State insurance identification card when you apply for a vehicle registration. Your insurance company, agent or broker must issue two original New York State insurance identification cards to you.  They must have the same name as the registration application and must have a barcode.

The insurance company must also file an electronic notice of insurance coverage with the New York Department of Motor Vehicles to verify the liability coverage. The agent or broker cannot file this notice.  Your insurance identification card and the electronic notice of insurance coverage together verify your insurance coverage.

An insurance identification card must be presented within 45 days of the effective date of the insurance coverage. You must bring the cards to the New York Department of Motor Vehicles office when you apply for the registration.  They will keep one card.  Keep the other card with the vehicle. If a police officer requests your proof of insurance, you must show your insurance identification card.