Buffalo is home to both the Erie County Supreme Court and the United States Court for the Western District of New York. While most personal injury lawsuits in New York State are brought at the NYS supreme court level, under some circumstances an injury case may be heard in federal court. When a defendant wishes […]
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According to the National Highway Traffic Safety Administration (NHTSA) the streets have become a little safer for Buffalo drivers over the past four years. Earlier this year, NHTSA released a report documenting that the number of fatalities in car crashes decreased from 2008 to 2009. Since peaking in 2005, fatalities caused by car accidents in […]
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Proof of prior accidents is usually admissible in Buffalo personal injury lawsuits. This evidence is admissible in most cases because it is relevant to whether a condition was dangerous and to whether the defendant was aware of the condition. There are, however, certain facts that must be established before a court will allow evidence of […]
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It’s become a personal injury cliché: On some street in Buffalo, a driver lightly bumps the car ahead of him at a stoplight and the other driver jumps out holding his neck and shouting, “Whiplash!” He then sues the other driver. It is unfortunate the whiplash has become a word so associated with false claims […]
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All Buffalo residents should be aware that even if you are not struck in the head during an accident, an accident that involves the head being rapidly jerked may still lead to a brain injury. As a result, if you or a loved one is involved in this type of accident, you should be on […]
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New York State will be conducting a pilot program that may eventually impact the way medical malpractice lawsuits in Buffalo are handled. The purpose of the three year pilot program, which is supported by a $2.9 million federal grant, is to improve patient safety, reduce preventable medical injuries, and reduce the cost of medical malpractice […]
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When property owners in the City of Buffalo are informed that there is a potentially dangerous condition on their property, they will usually take steps to correct it. This is particularly true when the dangerous condition causes an injury. While it may seem that the act of repairing the problem could be used as evidence in […]
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Punitive damages are additional compensation awarded when a defendant’s conduct was intentional, malicious, outrageous, or otherwise aggravated beyond mere negligence. Most Buffalo personal injury lawsuits do not involve a claim for punitive damages. This is because the purpose of punitive damages is not to compensate the injured person for the harm done to them, but […]
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When a Buffalo family suffers the loss of a loved one in an accident, the emotional difficulty of dealing with that loss often is only the beginning of their problems. If the deceased individual was relied upon to provide the family with financial support, the loss may lead to long term economic hardship in addition to […]
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Photographs are often used in Buffalo premises liability cases to show the condition of the area where the injured person fell. If you have photographs, you should share them with your lawyer. While not all photographs are admissible in court, it is usually not too difficult to have a photograph admitted as evidence in a […]
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