Personal Injury Lawyers in Buffalo, NY

Experienced and Trustworthy New York Personal Injury Lawyers

We Pursue Justice For Those Injured By Negligence

At the heart of any personal injury claim in New York is the negligence or wrongful action of another person or entity. If you have suffered a serious injury as a result of carelessness or reckless acts, you are entitled to compensation for the physical harm and financial losses.

The personal injury lawyers of Campbell & Associates help you hold the negligent parties accountable. We have recovered millions of dollars on behalf of clients throughout western New York. We take every case seriously, and we stand ready to help.

Sometimes “accidents happen.”

But very often, injuries in New York trace back to an underlying action or dangerous condition. In personal injury litigation, it is necessary to prove negligence – acting without reasonable care and caution or failing to protect others from foreseeable harm. Our firm has the resources to conduct a thorough investigation and bring in experts to establish liability. Our trial lawyers have a proven track record in court.

We have prevailed in a wide range of personal injury and negligence cases, including:

• Defective products: Dangerous design, manufacturing flaws or failure to warn of dangers
• Premises liability: Falls and other injuries from unsafe property conditions
• Recreational sports injuries: Failure to provide protective gear or reasonable safety protocols
• Injuries to tourists: Failure to protect visitors from safety hazard or assaults
• Injuries in childbirth: Medical negligence in prenatal care, labor or delivery that harms the baby or mother
• Boating accidents: Negligent operation or entrustment of boats and watercraft
• Aircraft accidents: Negligence of pilots, maintenance crew, air traffic controllers, manufacturers
• Dog bites and attacks: Failure of pet owners to control their animals
• Work injury lawsuits: Negligence of property owners, utility companies or other third parties
• Motor vehicle accidents: Collisions caused by careless or distracted drivers
• Nursing home injuries: Bedsores, falls and other harm resulting from negligence, neglect or abuse
• Wrongful death lawsuits: Negligence or intentional acts resulting in fatality

The team at Campbell & Associates has represented people from all walks of life. This includes niche areas of personal injury law such as Federal Employers Liability Act (FELA) claims for injured railroad workers and remedies under maritime law (the Jones Act) for injured seamen.

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New York Personal Injury FAQ

At Campbell & Associates, we want to make the claims process as simple and stress-free as possible for our clients. We understand that you may have many questions and concerns about your personal injury case. Below is a list of frequently asked questions.

If you have a question that does not appear below, you are welcome to contact our office by calling us at 716-992-2222.

What is a personal injury claim?
When an individual is injured through the fault of another party, he or she can file a personal injury claim to seek compensation for their injuries. This claim allows the injured party to seek all appropriate damages from the at-fault party or, more typically, his or her insurance company.

Why do I need a personal injury attorney in New York?
After you or a loved one become injured as a result of someone’s carelessness or neglect, there are many things that happen at once. While you and your family are healing, you may receive medical bills, doctor’s notices, and insurance letters. Several parties ranging from third-party insurance companies to the other party’s attorney may attempt to contact you in an attempt to give you a lowball offer of “compensation” for your injury.

All of this can be extremely distressing when you are trying to heal and focus on recovering your life and livelihood. For that reason, a personal injury attorney can be indispensable when it comes to securing peace of mind and the maximum compensation you deserve.

If you’ve been hurt in an accident, our Buffalo slip and fall attorney or wrongful death attorney in Hamburg, NY, can help guide you through the legal process and protect your rights.

How is negligence for personal injury determined?
When determining negligence, the courts and juries will typically look at whether a normal person would have acted in the same manner given the same circumstances. In the state of New York, the definition of negligence typically includes an individual’s failure to act or failure to uphold their legal duty of care. For example, a driver’s failure to follow the rules of the road in a car accident case would likely lead to a finding of negligence against them.

How much does a personal injury attorney cost?
We accept cases on a contingency fee basis, which means that your fees come out as a percentage of the final settlement. This percentage is determined before the case begins. If we do not win a case for you, there would not be any fee. That’s right—you don’t pay unless we win.

What types of damages are available?
Injured victims are typically able to recover compensation for economic costs (medical expenses, lost wages/earning capacity, etc.) and non-economic costs (pain and suffering, mental anguish, etc.). In some cases, punitive damages may be available depending on whether the Defendant acted willfully or recklessly.

What kind of personal injury cases do you take?
We are mainly Buffalo and Hamburg NY personal injury attorneys and accept all types of injury claims, including those involving car accidents, bicycle accidents, boat accidents, airplane accidents, brain injuries, spine injuries, construction accidents, offshore injuries, heavy motor vehicle accidents and more. We also handle wrongful death claims if you lost a loved one in an accident.

Committed To Your Full Compensation

You deserve to be compensated for your lost income, medical bills and ongoing medical care. You are also entitled to monetary damages for any permanent disability or disfigurement as well as the pain and suffering you have endured. Our legal team is here to support your recovery while we are building a case to maximize your compensation. We can step in to resolve insurance claim disputes with the negligent party’s insurance company or with your own insurer.

We do some of our best work of behalf of New York state families who are dealing with the devastation of life-changing injuries. Our track record of verdicts and settlements in the state of New York includes six- and seven-figure recoveries for brain injuries, losses of limbs, back and neck injuries, hip fractures and other major injuries. If we are not able to negotiate a settlement for full and fair damages, we are fully prepared to take cases to trial.

Start With A Free Consultation

If you are not sure if you have a case, our knowledgeable and helpful attorneys can tell you where you stand. Call 716-992-2222 to arrange a free consultation and case evaluation, or contact us online. Campbell & Associates serves western New York with offices in Buffalo, Hamburg, Fredonia and Jamestown. We also can visit your home or hospital.

Personal Injury Legal Overview

Statutes

These statutes outline the legal framework governing negligence cases in New York.

• CPLR § 214– Statute of Limitations: Personal injury cases must be filed within three years from the date of injury.
• General Obligations Law § 5-326– Prohibits the enforcement of liability waivers for places of amusement or recreational facilities when it involves negligence.
• Labor Law § 200– Establishes the general duty of property owners and contractors to maintain safe working conditions.
• Labor Law § 240 (Scaffold Law)– Requires strict liability for employers and owners when workers fall from heights.
• Vehicle and Traffic Law § 388– Holds vehicle owners liable for injuries caused by negligent drivers operating their vehicle.

Potential Damages

When pursuing a negligence-based personal injury case in New York, plaintiffs can seek compensation for the following types of damages:

1. Economic Damages (Special Damages):
   • Medical Expenses: Covers both past and future costs, including surgeries, therapy, rehabilitation, and prescriptions.
   • Lost Wages: Compensation for earnings lost due to time off work for recovery.
   • Loss of Earning Capacity: Compensation if the plaintiff’s ability to earn future income is permanently diminished due to injury.
   • Property Damage: Reimbursement for repair or replacement of personal property damaged during the incident (e.g., vehicle repairs).
2. Non-Economic Damages (General Damages):
   • Pain and Suffering: Compensation for physical and emotional distress caused by the injury, including chronic pain or loss of enjoyment of life.
   • Emotional Distress: Recovery for the psychological impact of the injury, such as anxiety, PTSD, or depression.
   • Loss of Consortium: Compensation to family members if the injury affects their relationship with the plaintiff (e.g., loss of companionship or support).
3. Punitive Damages:
   • Awarded in rare cases where the defendant’s conduct was particularly reckless, malicious, or willful. These damages are intended to punish the defendant and deter similar conduct in the future.

Case Strategies

Plaintiffs seeking damages in a negligence case can employ these key legal strategies to strengthen their case:

1. Proving Negligence (Duty, Breach, Causation, Damages):
   • Establish that the defendant had a duty of care, breached that duty through their actions or omissions, and that the breach directly caused the plaintiff’s injuries.
2. Collecting and Preserving Evidence:
   • Documentation: Medical records, accident reports, and photographs of the scene.
   • Witness Statements: Securing statements from bystanders, co-workers, or experts.
   • Expert Testimony: Using professionals, such as doctors and engineers, to validate the extent of the injuries or demonstrate how the defendant’s negligence contributed to the incident.
3. Demonstrating Long-Term Impact:
   • Show how the injury affects daily life, employment, and relationships to strengthen claims for pain and suffering, emotional distress, and lost earning capacity.
4. Overcoming Defenses (Anticipating and Rebutting Arguments):
   • Comparative Negligence: If the defense argues the plaintiff was partially responsible, present evidence that the defendant’s share of fault outweighs any alleged contribution.
   • Assumption of Risk: Argue that the plaintiff was not made aware of or did not voluntarily accept the risks involved.
   • Unenforceable Waivers: Challenge the validity of any liability waivers by citing GOL § 5-326 for recreational facilities or other situations.
5. Maximizing Settlement Value:
   • Carefully evaluate settlement offers by comparing them to projected trial outcomes, ensuring the settlement accounts for both current and future expenses and hardships.