Disclaimer: *Steve and Rich Barnes have obtained millions in recoveries for their clients and have supervised over $2.5 Billion Dollars in settlements.
As one of America’s largest personal injury law firms, our team of Buffalo personal injury lawyers at The Barnes Firm are here to help you recover the best result possible after an accident. If you or a loved one have been injured in an accident in Buffalo, you can trust the experienced personal injury attorneys at The Barnes Firm to effectively represent your case. Our knowledgeable attorneys have the resources and experience you need to help you get the best possible result. Call us today at (800) 800-0000 for a FREE case evaluation.
Personal injury law compensates those injured by the negligence of others for their physical, financial, and emotional losses. If someone else’s negligence leaves you injured, don’t wait to consult with an experienced Buffalo personal injury lawyer.
At The Barnes Firm, our distinguished personal injury lawyers have a wealth of experience helping clients like you focus on recovering their health and well-being while we put our decades of experience to work recovering for their complete losses. Throughout our history, we’ve earned a reputation for our dedication and commitment to our clients as well as for our professional integrity, which we’re proud to share, including recognition from all the following professional leaders:
The personal injury lawyers at The Barnes Firm know how difficult your experience is and are committed to advocating for your claim’s best possible resolution – in pursuit of your most complete recovery. Your case is important, so please don’t wait to contact us online or call us at (800) 800-0000 for more information about what we can do to help you today.
New York personal injury laws focus on four elements required to bring a successful personal injury claim. Many accident victims, however, are leery of bringing claims because they aren’t sure about the matter of fault. The fact is that – in New York – you can file a personal injury claim even if you share fault for the accident in question. Ultimately, your compensation will be reduced by the percentage of fault assigned to you.
Determining fault is based on evidence and the law, and if any fault is assigned to you, it will affect the compensation you receive. For example, if you are found 20 percent responsible for the accident that leaves you injured, your settlement or court award amount will be reduced by that 20 percent.
The matter of fault is best left to a focused personal injury lawyer who will carefully consider the circumstances of your claim. It’s not unusual for claimants to assign fault to themselves even when the law sees things differently. Reach out for the professional legal guidance that you need.
At The Barnes Firm, you can expect our undivided attention. We recognize the financial and emotional hardships that accompany personal injury claims, and we’re committed to putting your mind at ease. While you focus on the hard work associated with regaining your health and well-being, we’ll go about building your strongest claim – in fierce pursuit of the compensation to which you are entitled and that you need to recover.
We alter our approach to the unique circumstances of every claim we take on, and we leave no stone unturned in our efforts to guide claims seamlessly toward outcomes that honor our clients’ legal rights. When you work with us, you’re in good hands, and we encourage you to give us a call today.
Richard Barnes: “As President of The Barnes Firm, I have dedicated my career to achieving justice in hundreds of cases for the victims of injuries caused through the fault of others. Additionally, I have been honored to have been elected Best Lawyer and a Super Lawyer”
Years of Experience: 30+ years
LinkedIn Profile: Richard Barnes
Proving your New York personal injury case will depend on the available evidence, which your practiced personal injury attorney will take on gathering and skillfully compiling. The basics involve proving the other party’s negligence as well as the extent of your covered losses. When it comes to the other party’s negligence, evidence like the following generally comes into play:
Proving your legal damages, on the other hand, requires evidence like the following:
Your accomplished personal injury lawyer will ensure that the other party’s fault in the matter is well established and that your losses are all well accounted for. These important elements of your claim are far too important to neglect or gloss over.
The value of your case will be based on the losses you experience as a result of the other party’s negligence, which fall into three primary classifications.
The medical expenses you face in the aftermath of even a relatively minor personal injury claim can be immense. And if your injuries require ongoing care or lead to complications, your medical expenses can continue to mount into the future.
If you’ve been injured, it’s likely to go hand in hand with lost earnings – while you focus on your recovery. If this category of loss involves lost earning potential, you can expect your financial losses to be that much more serious.
Being injured as a result of someone else’s recklessness can be terrifying and can conjure intense emotional consequences in addition to the physical pain you suffer. Pain and suffering is a category of loss that can be challenging to attach a value to, but should not be overlooked.
The damages, or losses, you’ll pursue in your personal injury claim will include all the losses you experience – in their entirety. Without a complete account of these damages, your journey toward recovery will be more challenging. Basic losses include your medical expenses, lost income, and pain and suffering, and each of these categories can be considerable.
A statute of limitations refers to a legal time limit for filing a lawsuit against an at-fault party, and in New York, the statute of limitations for personal injury claims is three years. Once three years from the date of the injury-causing accident have elapsed, your ability to obtain financial compensation likely ends, which makes addressing the matter head-on from the start key.
It’s important to also note that, when it comes to wrongful death claims in New York, the statute of limitations is reduced to just two years from the date of your loved one’s death. Further, the statute of limitations for medical malpractice claims is just 30 months – or two and a half years – from the date you were injured or the date your continuous care ended.
Other Areas We Serve in New York:
Rochester personal injury lawyer
Brooklyn personal injury lawyer
Long Island personal injury lawyer
The kinds of injuries that can lead to personal injury cases are nearly limitless, but most fall into categories like the following:
The Barnes Firm is here to help you. Our personal injury firm helps individuals and their families who
have suffered an injury in an accident.
Whether your car crash was minor or serious, any injuries sustained in an accident can be painful and costly.
All motorcycle accidents are different, the compensation you receive will depend on the circumstances surrounding your accident.
A truck accident can be catastrophic, even in low-impact crashes, if you or your family are involved, you may be entitled to significant financial compensation.
Whether the accident happened from a height, or at ground level, slip and fall injuries can be serious and sometimes, fatal.
Helping thousands of construction workers injured at construction sites, getting the best result possible for their cases.
Are you a victim of a dog bite injury? Our team can help you receive a fair compensation for you and your loved ones.
Drivers must respect a cyclist’s right to share the road bicyclists need to realize they have to obey traffic laws. Know your rights if you are involved in a Bicycle accidents.
Car and truck have the responsibility to drive in a safe, and be aware of any pedestrians that may be near or on the street.
The matter of whether or not you have a personal injury claim is a topic that is best discussed with an experienced personal injury lawyer. There are, however, four elements that must be present in order to bring a successful claim that it can help to know.
The person whose negligence left you injured must have owed you a duty of care, to begin with. This simply means that they had a duty to consider your safety. A prime example of this duty is the responsibility to others on the road that motorists accept when they drive. Another is the responsibility to afford reasonable care that commercial property owners owe their customers, guests, and visitors.
This is the element of personal injury law when negligence enters the picture. The party whom you consider at fault for your injuries must have breached the duty of care they owed you, which translates to acting negligently. For example, a driver who is impaired, speeding, distracted, exhausted, or dangerously aggressive breaches the duty of care they owe others on the road.
Finally, the accident in question must have caused you to suffer legal damages, which are losses that are covered by the law. At their most basic, these include:
The other party’s negligence in the matter must have been the direct cause of the accident that left you injured. For example, if a speeding driver loses control of their vehicle and crashes into you in an intersection, their negligence – in the form of speeding – can be easily identified as the cause of the accident.
Personal injury law applies whenever the four elements of a personal injury claim can be met, but most claims fall into common categories.
Traffic crashes can take many, many forms, including all the following types of dangerous accidents:
Premises liability claims refer to claims that are based on the negligence of property owners, and some of the most common types include the following:
Product liability claims relate to the manufacturers of consumer products whose negligence harms consumers. A prime example is medicines that are deemed dangerous. These claims fall into separate categories that include:
There are also claims that are very similar to personal injury claims, but that fall into different classifications, including:
Personal service is a key element to our legal service. We keep our clients informed of the progress of their case along the entire way.
Our team is experienced and dedicated to bring our clients results. We lead your case to a successful resolution for you and your loved ones.
We’re here to help you understand your legal options and guide you through the next steps at no initial cost.
Our priority is to lead your case to a successful resolution. That is our focus. You won’t pay any fees until we win your case. Results over fees.
Most people have never needed a lawyer when they find themselves injured and in need of legal advice. We hear the following questions from many of our clients. We hope the answers help clarify your options and considerations.
Under New York law, victims have three years from the day of their injury to file a lawsuit. That said, there are certain things that can extend this limitation. Regardless of how much time you think you have to file a claim, you should call a New York personal injury lawyer as soon as you can.
Read More Here: New York Personal Injury Statute of Limitations
Finding a personal injury lawyer can be difficult, and there are thousands of lawyers out there ready to take your case. Some of the things you should look for include a track record of success with cases like yours, experience, and a good reputation in the legal community. Also, you should look for a lawyer that you like personally and whose communication style you are comfortable with.
To sue for an injury in NYC, you need to file a complaint in the appropriate New York court alleging your injuries and how they were caused. In addition, you need to serve the party you are suing. As a victim, you should keep in mind that most injury cases do not go to court and are instead resolved by reaching a settlement with the at-fault party’s insurance company.
Personal injury settlements vary widely, and the average settlement for personal injury cases in New York changes each year. It also has no bearing on how much you can expect to receive for your injury. Some of the factors that can affect the value of your claim include the severity of your injuries, your income, and your prognosis.
Pain and suffering can be calculated either by multiplying your economic damages by a certain number or setting a daily rate for each day you are injured. Your lawyer can ensure that you obtain as much compensation as possible for your pain and suffering after an accident.
There is no set time limit for insurance companies to settle claims, but there are certain time limits that operate to keep the process moving along.
For example, insurance companies have 15 days after you file a claim to request more information and to initiate an investigation. While there is no time limit on how much their investigation may take, they are required to process them in good faith. After the investigation concludes, the insurance company has 15 days to notify you whether they will accept or deny your claim.
New York personal injury lawyers work on a contingency fee basis, which means the amount you will pay your lawyer depends on how much compensation you receive. They will receive a pre-arranged percentage of your total settlement or award. If you do not obtain compensation, you will not have to pay your lawyer anything.
As a victim of an accident, there are certain steps that you should take to protect your right to recover compensation. Some of the most important include:
Read More Here: What To Do After A Car Accident
Victims have three years from the date of their injury to file a claim, but there are certain things that can extend this period. You should call an attorney as soon as you can, regardless of how much time you have to file a claim.
Liability can stem from the negligence of a party, vicarious liability for employers of negligent employees, or even strict liability of a product manufacturer. Liability is a complex legal question that should always be assessed by a skilled attorney.
New York is a pure comparative negligence state. So, you can be 99% at fault and still receive 1% of the settlement amount. Historically, states in the U.S. followed the doctrine of contributory negligence. This doctrine prevented a plaintiff from suing another party if they were injured and partially to blame for an accident.
Read More Here: New York Comparative Negligence
To establish pain and suffering, you must provide adequate documentation to support the claim. Judges and insurance companies will ask for evidence when determining compensation. Some ways you can provide proof are:
Read More Here: Suing For Pain and Suffering in New York
In New York, some common types of personal injury cases include:
Read More Here: What Kind of Cases do Personal Injury Lawyers Handle
A common misconception about personal injury lawsuits is that they take years to process or that you will receive an immediate offer to make your case go away. The reality is that there are no true timelines for how long a trial should take to settle as circumstances around the personal injury itself always affect the outcome.
Read More Here: Why Is My Lawyer Taking So Long To Settle My Case
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