Buffalo Car Accident Lawyer
Insurance Companies Aren’t on Your Side
When you’re hurt in a Buffalo car accident, you may expect that your insurance company will handle the details. New York has a no-fault system, meaning you should be eligible for a settlement regardless of fault. That takes some of the strain off the small claims court system.
Unfortunately, insurance companies are still for-profit companies, meaning their profits often come before your recovery.
Because of this, you may be due more than your insurance company is willing to pay, and they may lowball you. Bad-faith tactics leave many Buffalo car accident victims without the compensation they’re due for the suffering they experienced.
In other cases, you may be ineligible for a no-fault claim. For severe injuries or more costly accidents, you may need to sue for your damages. Fortunately, your Buffalo car crash lawyer is here to guide you through the process.
Who’s Liable for My Buffalo Car Accident?
When you’re hurt in a serious Buffalo car accident, you need to know who’s at fault as soon as possible. When you know, you’ll be able to take action and get the compensation you’re due.
But liability can be complicated. For example, a Buffalo driver may have hit you while driving distracted, but what if they’re on the clock? Then other parties come into play as far as liability is concerned and perhaps multiple parties may be responsible.
Talk to your lawyer about liability and your claim. Your Buffalo car accident attorney can investigate your claim, determine the cause of your accident, and help you identify the at-fault party.
Single-Car Accidents
When you’re hurt and you’re the only car involved, you may assume you’ll be the one found liable for the accident. But that’s not always the case. In some cases, external factors lead to serious accidents.
Talk with your lawyer about other factors for your injuries. For example, you may have been injured because you hit a pothole that damaged your car. Liability may fall on the government agency responsible for keeping the roads safe for drivers.
In other cases, you may have crashed because of a mechanical failure. This defect may be the fault of the car manufacturer, who is responsible for ensuring their products are as safe as possible.
Multi-Car Pile Ups
When your Buffalo car accident involved multiple drivers, it can be difficult to pinpoint who caused the accident. Unless the accident was caught on tape, you might not have a clear record of what happened. That makes it difficult to sue the right party and get the funds you need.
Luckily, your lawyer has the right tools on their side. If you’re unsure who caused your accident, an expert witness like an accident reconstructionist can help. They can review the evidence and reconstruct the accident to identify the liable party.
Drivers on the Clock
In some cases, the driver was careless, but they were acting within the scope of their job. That means they’re the responsibility of their employer, not just an individual acting on their own.
Because of this, you may have grounds to sue the company they work for. In these cases, you may need a Buffalo car wreck lawyer to determine who their employer is and to serve the lawsuit. This is especially common in truck accident claims.
This can be complicated if the driver was an independent contractor, like those driving for rideshare programs. Your lawyer can review your options when you’re hurt by one of these drivers.
Damages Due for a Buffalo Car Accident
After you’re hurt in a serious Buffalo car accident, it can take a long time, if you’re ever able, to get back to the life you once led. Part of this recovery should be receiving your damages, which cover the costs of your suffering.
Unfortunately, these damages can be complex, and a Buffalo car accident victim may have trouble seeking the correct cost of their damages on their own. Speak with a lawyer who can guide you through these difficult calculations and get you the funds you’re due.
Economic Damages
Economic damages cover the financial side of your recovery. Any monetary loss from the accident should be included, added up, and paid when you sue for a Buffalo car accident. These damages can be complex and costly, so talk to your lawyer if you have any doubts about the compensation you’re due.
When seeking economic damages, talk to your lawyer about all or more of the following damages:
- Medical bills
- Property damage
- Current and future lost wages
- Household accommodations
- Transportation costs
These damages can be expensive, and they may impact you both now and in the future. Because estimating damages like surgery and other long-term healthcare needs is difficult, you may need a lawyer’s help. We have the tools to calculate the costs of your losses and seek the compensation you’re due.
Non-Economic Damages
Non-economic damages cover the emotional, mental, and intangible suffering you experienced because of these accidents. Because these damages don’t have a dollar value, unlike economic damages, you may need special tools your lawyer can provide to get fairly compensated.
After a serious accident, talk to your lawyer if you’re experiencing any of the following:
- Pain and suffering
- Emotional distress
- Loss of consortium
- Loss of enjoyment of life
- Anxiety
These damages are determined based on their severity and the impact they have on your daily life. For example, a model may have a much more difficult time seeking work if they suffered from disfigurement and scarring in the accident. If you’re unsure what you’re due, talk to your lawyer about all the suffering you experienced.
Punitive Damages
When you’re seriously injured because someone was more than careless, you may have grounds for more than your compensatory damages. Punitive damages aren’t meant to compensate you—they’re also meant to punish those who acted with extreme negligence or intended to harm you.
For example, you may have been struck by an aggressive driver, or a driver experiencing road rage. Because they intentionally caused your accident, they may be liable for your injuries and for punitive damages. Likewise, a person who hit you while driving drunk may owe more than your economic and non-economic damages.
Because these damages are so difficult to receive, you may need to speak with a lawyer before seeking them. Your car accident lawyer in Buffalo has the tools to determine whether you’re eligible and what you’re due in these cases.
What if I’m Partly at Fault for a Buffalo Car Accident?
When you’re hurt in a Buffalo car accident, recovery can be difficult because the defense doesn’t want to pay. They may be trying to avoid the blame and may even claim you’re the one at fault for your own injuries.
When this happens, they may try to have the compensation you’re due reduced because of your own carelessness, avoiding responsibility for their own. Comparative negligence laws in New York state that your compensation may be reduced by the percent you’re found at fault.
For example, you may have been hit by a careless driver, but you were also texting and driving at the time. While you didn’t cause the accident, you were unable to avoid the accident because you were texting. If your claim was worth $100,000 and you’re found 20 percent at fault, you’ll only receive $80,000 of your compensation.
To avoid paying out of pocket for your suffering, you may need a lawyer’s help. Your Buffalo car crash attorney can gather evidence in your defense, proving you weren’t at fault for the injuries suffered.
Suing on Behalf of Another Party
Car accident claims get more complex when the person injured can’t stand trial on their own. Often, this is the case for minors, who can’t act until they’re 18, but it may also apply to those unable to stand trial due to severe disabilities or those killed in a car accident.
When this happens, your first step is to discuss your eligibility for suing in New York. You may be acting on behalf of the family, or on the behalf of your child. Your lawyer can determine whether you’re eligible and what your options are for taking action.
Talk with a Car Accident Lawyer in Buffalo
When you’re hurt in a Buffalo car accident, you need support on your side. Recovering from a car accident can feel nearly impossible, but you don’t have to face it alone.
Talk to a lawyer at Brown Chiari LLP instead of pursuing a claim without help. Your Buffalo car accident lawyer is here to help you get the compensation that covers all your damages, not just what the at-fault party is willing to pay.
Ready to speak with a lawyer? Accept one of our free consultations. Learn more when you call 716-681-7190 or when you fill out the following online contact form.
Buffalo Car Accident FAQ
When you’re hurt in a Buffalo car accident, it can be difficult to get the answers you need. You may have questions that you’re unable to answer without professional help, which can be difficult and stressful to handle alone.
Your Buffalo accident lawyer is here to take the pressure and guesswork off you. If you’re struggling to get answers, reach out for a personalized answer to your question, or check out these frequently asked questions we receive. We’re here to help you get answers and know what to expect.
Can I afford a lawyer?
When you’re seeking legal help for a Buffalo car accident, you may be concerned about out-of-pocket costs. The good news is that your lawyer works on contingency fees, meaning our pay is contingent on your win. We’ll make an agreement on a percentage of your compensation, and you’ll only pay that percentage if we’re successful, which will be deducted from your damages won and not out-of-pocket.
Do I have to pay if my claim fails?
If your Buffalo car crash lawyer fails to get you compensation, you don’t owe us anything. We’re here to help you succeed, and we won’t add to your financial burden if your claim isn’t a success.
Will my insurance company help me?
While insurance companies are supposed to provide aid, they often focus more on their own profits. In some cases, however, Buffalo car accident victims may be able to negotiate a fair settlement with a lawyer, and your insurance company may offer services like car rental coverage, so talk to your lawyer about your benefits.
What do I do immediately after my car accident?
First, seek help from emergency services. Medical care for those involved is the first priority. If no one is hurt or has gotten care, make sure a police officer is making a report of the accident. You may also need to contact your insurance company and notify them of the accident as soon as possible. Contacting a lawyer can help you handle all these steps.
Can I post on social media about my accident?
It’s important to say as little as possible that your Buffalo car accident attorney hasn’t approved. Saying too much about your case can be used against you, and that can hurt your chances with the insurance company. That may even leave you with less compensation for your recovery.
I feel fine. Do I really have to go to the hospital?
While you may feel well now, you may not feel that way later. The shock of an accident may make it difficult to determine whether you’re really okay, and delaying may cause trouble with your insurance company and pursuing damages down the line. Because of this, it’s best to seek treatment now and know you’re okay, rather than taking a chance with your health.