What to Know About Whiplash Lawsuits in New York https://campbellpersonalinjury.com/category/personal-injury/ Sun, 08 Feb 2026 13:16:44 +0000 en-US hourly 1 https://wordpress.org/?v=6.9.1 https://campbellpersonalinjury.com/wp-content/uploads/2026/01/Campbell-Associates-Logo-Square-150x150.png What to Know About Whiplash Lawsuits in New York https://campbellpersonalinjury.com/category/personal-injury/ 32 32 Why Trial Experience Matters in Injury Cases https://campbellpersonalinjury.com/why-trial-experience-matters-in-injury-cases/ Mon, 14 Apr 2025 12:00:05 +0000 https://new.campbellpersonalinjury.com/why-trial-experience-matters-in-injury-cases/ When someone suffers a serious injury because of someone else’s negligence, the path to justice and recovery isn’t always simple. […]

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When someone suffers a serious injury because of someone else’s negligence, the path to justice and recovery isn’t always simple. It requires not only a deep understanding of the law but also the ability to navigate complex legal systems, challenge opposing arguments, and—when needed—stand confidently in front of a jury. At Campbell & Associates, this is where our courtroom readiness makes a significant difference.

A Firm Built for the Courtroom

Many personal injury cases are resolved before reaching trial, but when settlement negotiations break down or a fair offer isn’t made, having attorneys who are prepared to go the distance matters. At Campbell & Associates, every case is treated as though it will be tried before a jury. This mindset ensures a thorough investigation, strong legal strategy, and comprehensive preparation from day one.

With over thirty years of experience in the courtroom, our attorneys have achieved several six- and seven-figure verdicts across a variety of personal injury cases, including car accidents, construction site injuries, medical negligence, and more. We approach each case with a focus on uncovering every fact, securing key evidence, and working closely with professionals and specialists when necessary.

Defending Your Right to Compensation

We recognize that personal injury isn’t just a legal issue—it’s deeply personal. Victims face mounting medical bills, lost income, and emotional strain. Our legal team is known throughout Western New York for guiding clients through these difficult moments with professionalism and dedication. Whether it’s a slip-and-fall, a motor vehicle collision, or a more complex claim involving product liability or unsafe premises, we strive to protect your rights and help you pursue the full compensation you deserve.

Our firm has successfully handled claims involving:

  • Unsafe property conditions (premises liability)
  • Medical negligence during childbirth
  • Boating and aviation accidents
  • Dog bites and recreational injuries
  • Worksite negligence and third-party liability
  • Serious motor vehicle crashes

Why Knowledgeable Representation Matters

In New York, personal injury cases often hinge on proving negligence. That means showing that someone failed to act with reasonable care. This legal standard may seem straightforward, but proving it in court requires skillful argumentation, thorough investigation, and strategic use of evidence. That’s where working with a knowledgeable attorney makes all the difference.

At Campbell & Associates, our attorneys don’t just understand personal injury law—they apply it daily with confidence. We bring together legal knowledge, trial experience, and a client-centered approach to give each case the attention it deserves.

No Upfront Fees, No Risk

Personal injury clients often hesitate to call a lawyer out of concern for cost. That’s why we work on a contingency fee basis—you don’t pay unless we win your case. Our goal is to make high-quality legal representation accessible to anyone in need, whether you’re in Buffalo, Hamburg, or anywhere in Western New York.

Call us today at 716-992-2222 or visit campbellpersonalinjury.com to schedule a free consultation.

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Why Insurance Companies Undervalue Claims – And How to Fight Back https://campbellpersonalinjury.com/why-insurance-companies-undervalue-claims-and-how-to-fight-back/ Mon, 10 Mar 2025 12:07:41 +0000 https://new.campbellpersonalinjury.com/why-insurance-companies-undervalue-claims-and-how-to-fight-back/ When you file an insurance claim after an accident or injury, you expect the insurance company to fairly compensate you […]

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When you file an insurance claim after an accident or injury, you expect the insurance company to fairly compensate you for your medical expenses, lost wages, and other damages. Unfortunately, that is not always the case. Insurance companies are businesses, and their goal is to minimize payouts as much as possible.

At Campbell & Associates, we have seen firsthand how insurance companies undervalue claims and pressure injured individuals into accepting settlements that do not fully cover their losses. If you are facing an insurance claim dispute, having a knowledgeable legal team on your side can make all the difference.

Why Insurance Companies Offer Low Settlements

Insurance companies follow a strategic process to reduce the amount they pay on claims. Here are some common tactics they use:

  1. Protecting Their Profits

At the end of the day, insurance companies are focused on their bottom line. Adjusters are trained to settle claims for the lowest possible amount, even if it means denying legitimate expenses. Their priority is not your recovery—it’s protecting company profits.

  1. Assuming You Won’t Fight Back

Many accident victims accept the first offer an insurance company provides, not realizing that it is often far less than what they deserve. Insurers count on people being unfamiliar with the claims process and feeling pressured to settle quickly.

  1. Using Your Statements Against You

Insurance adjusters may seem friendly, but they are trained to look for statements they can use to justify a lower settlement. A casual remark like “I feel fine” can later be used to argue that your injuries are not severe, even if you experience pain days or weeks later.

  1. Delaying the Process

Some insurance companies intentionally slow down claims, hoping that financial pressure will force claimants to accept a low offer. They may take weeks or months to respond, request unnecessary documentation, or use other tactics to create frustration.

How to Maximize Your Insurance Claim

Understanding how insurance companies operate can help you take the necessary steps to fight for the compensation you deserve.

  1. Do Not Accept the First Offer

The first settlement offer is rarely the best. It is important to carefully review any offer before accepting it, as it may not cover your future medical expenses, lost wages, or pain and suffering.

  1. Document Everything

Keeping thorough records is essential. Collect medical records, accident reports, receipts for out-of-pocket expenses, and any communication with the insurance company. The more evidence you have, the stronger your case will be.

  1. Work with a Knowledgeable Attorney

Insurance adjusters negotiate settlements every day. Without legal representation, you may not realize when an offer is unfair. At Campbell & Associates, we understand how to navigate insurance claims and push for full and fair compensation. Our team:

  • Conducts independent investigations to assess the true value of your claim.
  • Negotiates aggressively with insurance companies to maximize your settlement.
  • Prepares every case as if it will go to trial, ensuring that insurers take your claim seriously.

How Campbell & Associates Can Help

At Campbell & Associates, we assist clients in handling complex insurance claims with a focus on securing fair settlements. Our attorneys are prepared to guide you through every step of the process, ensuring you are not taken advantage of by insurance companies.

Our Approach to Insurance Claims

  1. Case Evaluation: We review your claim in detail, assessing the full extent of your damages, including medical costs, lost income, and pain and suffering.
  2. Negotiation with Insurance Companies: We handle all communication with the insurance adjuster to protect your rights and maximize your settlement.
  3. Trial-Ready Representation: If an insurance company refuses to offer fair compensation, we are prepared to take your case to court.

Our firm operates on a no recovery, no-fee basis, meaning you do not pay legal fees unless we successfully recover compensation for you.

Don’t Let the Insurance Company Decide What Your Claim Is Worth

If you have been injured in an accident and are struggling to get a fair settlement from the insurance company, Campbell & Associates is here to help. We understand the challenges of dealing with insurance adjusters, and we are committed to securing the compensation you rightfully deserve.

Call us today at 716-992-2222 or visit campbellpersonalinjury.com to schedule a free consultation.

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How to Navigate the Insurance Claims Process After an Injury https://campbellpersonalinjury.com/how-to-navigate-the-insurance-claims-process-after-an-injury/ Wed, 19 Feb 2025 12:30:20 +0000 https://new.campbellpersonalinjury.com/how-to-navigate-the-insurance-claims-process-after-an-injury/ Filing an insurance claim after an accident or injury can be a stressful and complicated process. Insurance companies have teams […]

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Filing an insurance claim after an accident or injury can be a stressful and complicated process. Insurance companies have teams of adjusters and attorneys whose primary goal is to minimize the amount they pay out on claims. As a result, many accident victims find themselves facing frustrating delays, low settlement offers, and confusing legal jargon.

At Campbell & Associates, we understand how overwhelming this process can be. Our team is dedicated to guiding clients through the claims process and ensuring they receive fair compensation for their injuries and losses. If you’re struggling with an insurance claim, knowing what to expect and having a knowledgeable legal advocate on your side can make all the difference.

Key Steps in the Insurance Claims Process

Understanding the claims process can help you take the right steps to protect your rights and maximize your compensation. Here’s what you need to know:

  1. Report the Accident Promptly

After an accident, it’s crucial to report the incident to your insurance company as soon as possible. However, be mindful of what you say—insurance adjusters may use your statements to downplay your claim. Provide only the necessary details and avoid admitting fault.

  1. Be Cautious When Dealing With Insurance Adjusters

Insurance adjusters are trained to protect their company’s bottom line. They may try to settle your claim quickly for less than it’s worth or ask for recorded statements that could be used against you later. Before speaking with an adjuster, consider consulting with an attorney to ensure your rights are protected.

  1. Gather Strong Evidence

The more evidence you have to support your claim, the better. This includes:

  • Medical records and bills
  • Police or accident reports
  • Witness statements
  • Photos of injuries and property damage

Insurance companies often dispute the severity of injuries, so having thorough documentation is essential for proving the full extent of your losses.

  1. Understand the True Value of Your Claim

Insurance companies may offer settlements that only cover immediate medical expenses, but many injuries require long-term care. A fair settlement should account for:

  • Future medical expenses
  • Lost wages and reduced earning capacity
  • Pain and suffering
  • Property damage
  1. Don’t Accept the First Settlement Offer

The first offer from an insurance company is typically much lower than what you may be entitled to. They hope claimants will accept a quick payout before fully understanding the value of their claim. A knowledgeable attorney can review any offer and negotiate for a fair settlement.

  1. Be Prepared to Take Legal Action if Necessary

If negotiations fail, taking the case to court may be the best way to secure full compensation. Insurance companies know which law firms are willing to go to trial and are more likely to negotiate fairly when facing experienced litigators. At Campbell & Associates, we prepare every case with the expectation that we may go to trial, giving our clients an advantage in negotiations.

Why Work With Campbell & Associates for Your Insurance Claim?

At Campbell & Associates, we have extensive experience handling insurance claims and advocating for the rights of injured individuals. Here’s how we help our clients:

  • Comprehensive Case Evaluation: We conduct a thorough review of your claim to determine its full value, including long-term costs that insurance companies often overlook.
  • Strategic Negotiation: We deal directly with insurance adjusters to push for the highest possible settlement.
  • Trial-Ready Representation: If an insurance company refuses to offer fair compensation, we are fully prepared to take your case to court.
  • Personalized Legal Support: Unlike large firms that treat clients like case numbers, we take the time to understand your unique situation and fight for the best possible outcome.

Get the Compensation You Deserve – Contact Campbell & Associates Today

If you’re dealing with an insurance claim after an accident, don’t go through the process alone. Insurance companies have their own legal teams working to minimize payouts—you deserve an advocate who will fight for your best interests.

At Campbell & Associates, we are committed to helping injured individuals navigate the claims process and secure the compensation they need to recover. Contact Campbell and Associates today to set up a free case review.

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Can You Sue for Whiplash in New York https://campbellpersonalinjury.com/can-you-sue-for-whiplash-in-new-york/ Thu, 27 Jun 2024 08:00:19 +0000 https://new.campbellpersonalinjury.com/can-you-sue-for-whiplash-in-new-york/ Whiplash is one of the most common injuries occurring in motor vehicle collisions, but it can happen due to other […]

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Whiplash is one of the most common injuries occurring in motor vehicle collisions, but it can happen due to other types of accidents as well. The pain from whiplash can be excruciating and debilitating, leading to steep medical bills, missed time at work, and long-lasting emotional suffering.

New York State law allows whiplash injury victims to seek compensation for these and other losses if another party caused the accident. Working with an experienced Western New York personal injury attorney can optimize your chances of receiving the full and fair compensation you deserve in a whiplash injury claim or lawsuit.

What Is Whiplash?

Whiplash is a neck injury caused by a sudden, forceful back-and-forth movement of the head and neck. This motion can strain or sprain the muscles and ligaments in the neck, causing pain, stiffness, and reduced range of motion. Whiplash is most commonly associated with rear-end collisions, but it can also occur in other types of accidents, such as sports injuries, falls, or physical assaults.

Symptoms of whiplash may include neck pain and stiffness, headaches, dizziness, fatigue, and shoulder or arm pain. In some cases, symptoms may not appear immediately after the accident, making it essential to seek medical attention even if you feel fine initially.

The Grounds for Filing a Whiplash Lawsuit

Under New York’s no-fault insurance model, motor vehicle accident victims must first turn to their own insurance provider for coverage of medical bills and lost wages. Only if they meet certain criteria can they file a lawsuit against an at-fault driver. Specifically, to recover non-economic damages like pain and suffering for your whiplash injury, you must meet the “serious injury” threshold. New York defines a serious injury as any of the following:

  • Dismemberment or significant disfigurement
  • Fracture
  • Loss of a fetus
  • Permanent loss of use of an organ, member, function, or system of the body
  • Permanent consequential limitation of an organ or member of the body
  • Significant limitation of use of a function or system of the body
  • A non-permanent but medically determined injury or impairment which prevents the injured person from performing their day-to-day tasks for at least 90 of the 180 days following the accident

Provided you can show that your whiplash symptoms are severe enough to qualify as a serious injury, you can file a lawsuit against the other driver to pursue compensation for various losses, including medical expenses, lost income, pain and suffering, and emotional distress. You will need to show through evidence that the other driver was negligent or otherwise at fault for causing the accident in order for your lawsuit to be successful.

What Is the Deadline for Filing a Lawsuit for Whiplash?

In New York, the statute of limitations generally requires you to file a personal injury lawsuit for whiplash within three years of the accident date. However, there are exceptions to this rule, and it is essential to consult with an experienced personal injury attorney as soon as possible to ensure you do not miss the deadline.

Missing the statute of limitations can result in your case being dismissed, regardless of its merits. Acting promptly can help preserve crucial evidence and witness testimony, strengthening your case.

 

Contact Campbell & Associates Today

 

When seeking compensation for whiplash via a personal injury lawsuit in New York, it is essential to work with an experienced litigator with a proven track record of results. The lawyers at Campbell & Associates have dedicated their careers to fighting on behalf of injured individuals in Western New York, and we have secured tens of millions of dollars in verdicts and settlements. Call or contact us online for a free consultation and let us get to work for you.

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What Causes Traumatic Brain Injuries https://campbellpersonalinjury.com/what-causes-traumatic-brain-injuries/ Tue, 19 Dec 2023 17:31:58 +0000 https://new.campbellpersonalinjury.com/what-causes-traumatic-brain-injuries/ Statistics by the Centers for Disease Control and Prevention reveal that TBIs are a major cause of death and disability. […]

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Statistics by the Centers for Disease Control and Prevention reveal that TBIs are a major cause of death and disability. At Campbell & Associates, we regularly handle cases involving TBIs and understand their gravity. Our legal team is dedicated to advocating for individuals affected by traumatic brain injuries to ensure they receive the support and compensation they deserve.

Traumatic Brain Injuries (TBIs) may occur from various factors, each presenting a unique risk to victims. Here are the most common causes:

Slip and Falls

According to the Centers for Disease Control and Prevention, falls are the primary cause of traumatic brain injuries. These incidents can happen in various settings, from slipping on a wet floor, falling down the stairs or falling from a ladder or scaffold on a jobsite. If your accident occurred on someone else’s property, there is a good chance that you can file a claim. An attorney can review the facts of your case and determine whether you are entitled to recovery.

Motor Vehicle Accidents

Motor vehicle accidents are another common cause of TBIs. They can occur in any type of car crash, including rear-end accidents, rollovers, and T-bone collisions. Importantly, vehicle occupants can sustain TBIs even if they are wearing seatbelts or their airbags are deployed. As a result, it is critical for anyone involved in a car accident to seek medical attention, even if they do not have any visible injuries.

Acts of Violence

Physical assaults or altercations can often lead to TBIs. In many cases, these TBIs are severe, as they were the result of an intentional blow to the head. If the attacking party is criminally charged, it usually means that victims are entitled to compensation through a civil claim.

Contact a Brain Injury Attorney for a Free Consultation

Traumatic Brain Injuries (TBIs) are a complex form of personal injury case because of the severe and often long-lasting consequences they entail. When you or a loved one is affected by a TBI, seeking legal representation becomes crucial to safeguard your rights and pursue rightful compensation. Our legal team specializes in TBI cases and is prepared to gather the necessary evidence to support your claim. Contact us today for guidance and legal support.

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The Most Common Types of Car Accident Injuries https://campbellpersonalinjury.com/the-most-common-types-of-car-accident-injuries/ Tue, 03 Jan 2023 08:00:42 +0000 https://new.campbellpersonalinjury.com/the-most-common-types-of-car-accident-injuries/ When the occupants of a vehicle are involved in an accident, there is a significant possibility of being injured. The most […]

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When the occupants of a vehicle are involved in an accident, there is a significant possibility of being injured. The most common injuries suffered by car accident victims are:

Head and Neck Injuries

The head and neck are often the part of the body most injured from a car accident. Head and neck injuries can consist of:

– Concussion

– Traumatic brain injury

– Whiplash

Back Injuries

Back injuries are also prevalent after a car accident and can consist of:

– Paralysis: Spinal cord injuries can result in partial or total loss of movement or sensation.

– Slipped or herniated discs: Intense pain can occur when a vertebra slips out of place.

– Ruptured discs: Vertebrae can break open, which causes intense pain.

– Nerve damage: A pinched nerve can cause pressure or discomfort. The nerve could be permanently damaged, causing a lifetime of pain.

If you have suffered an injury from a car accident and would like financial compensation for your hardships, you are in the right place. Here at Campbell & Associates, we recognize what is at stake for our clients in every case, and we will work tirelessly to help our clients recover the financial resources they need to move forward. To get in touch with our team, call 716-302-0866.

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Let’s Make the Grieving Families Act Happen https://campbellpersonalinjury.com/lets-make-the-grieving-families-act-happen/ Fri, 30 Dec 2022 21:48:29 +0000 https://new.campbellpersonalinjury.com/lets-make-the-grieving-families-act-happen/ The Grieving Families Act, awaiting Gov. Kathy Hochul’s signature, would bring New York’s wrongful death statute into the 21st century […]

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The Grieving Families Act, awaiting Gov. Kathy Hochul’s signature, would bring New York’s wrongful death statute into the 21st century and make sure families of all types are compensated for tragic losses. We encourage you to contact the governor and request that she sign this crucial piece of legislation.

Read more on how to make the Grieving Families Act happen here.

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Tesla Is Forced to Recall Over 40,000 U.S. Vehicles Due to Possible Loss of Power Steering Assist https://campbellpersonalinjury.com/tesla-is-forced-to-recall-over-40000-u-s-vehicles-due-to-possible-loss-of-power-steering-assist/ Tue, 06 Dec 2022 08:00:13 +0000 https://new.campbellpersonalinjury.com/tesla-is-forced-to-recall-over-40000-u-s-vehicles-due-to-possible-loss-of-power-steering-assist/ Tesla recently announced a recall of the 2017-2021 Model S and Model X vehicles due to the possibility of drivers […]

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Tesla recently announced a recall of the 2017-2021 Model S and Model X vehicles due to the possibility of drivers experiencing a loss of power steering assist after hitting a pothole or while driving on rough roads. Before you experience a personal injury due to this dangerous product, check out this article.

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Winter Liability Claims to Watch For https://campbellpersonalinjury.com/winter-liability-claims-to-watch-for/ Thu, 03 Nov 2022 21:27:01 +0000 https://new.campbellpersonalinjury.com/winter-liability-claims-to-watch-for/ Winter is one of the most dangerous months concerning personal injury. So this upcoming season, be prepared. Learn about the […]

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Winter is one of the most dangerous months concerning personal injury. So this upcoming season, be prepared. Learn about the top five liability claims you must watch out for.

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The Psychological Effects of a Personal Injury https://campbellpersonalinjury.com/the-psychological-effects-of-a-personal-injury/ Thu, 03 Nov 2022 21:05:58 +0000 https://new.campbellpersonalinjury.com/the-psychological-effects-of-a-personal-injury/ Personal injuries can cause much more than just physical harm. Sadly, they can result in a lifetime of potential mental […]

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Personal injuries can cause much more than just physical harm. Sadly, they can result in a lifetime of potential mental illnesses such as anxiety, depression, and PTSD if they are not treated correctly. To learn what you can do to help, click here.

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