Buffalo Injury Questions and Answers

Under New York State law, most Buffalo personal injury lawsuits must be brought within three years of the injury.  There are, however, exceptions to that rule. For many years, there was no provision under New York State law for the types of injuries, such as certain cancers, that may take years to develop following exposure […]

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It is not unusual for a Buffalo personal injury lawsuit to involve a dispute over what documents or other evidence will or will not to be disclosed to the other party.  When this happens, the party seeking the evidence will usually request that the Court intervene and determine whether the evidence must be provided. Even if the […]

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Most Buffalo personal injury lawsuits are heard in the Supreme Court of Erie County.  Each county in New York State has its own Supreme Court.  Occasionally, a personal injury attorney may wish to appeal an adverse decision made by the judge at the Supreme Court level to a higher court. For Western New York, the […]

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When a personal injury lawsuit is filed in Buffalo, there are several situations in which the action or inaction of one of the parties may result in a “default judgment” in favor of the other party.  This most commonly occurs, however, when a defendant fails to appear in court to challenge the allegations of the […]

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Dealing with Medicare laws has become an increasingly complicated area for Buffalo personal injury attorneys.  Under federal law, Medicare has a right to recover any payments it made for medical treatment.  This right extends to taking a portion of the damages awarded in a personal injury lawsuit. There are very strict regulations surrounding the requirements […]

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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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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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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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