What is New York's Personal Injury Statute of Limitations?

If you've been injured in an accident while strolling through Delaware Park or driving along the Scajaquada Expressway, understanding New York's personal injury statute of limitations is crucial to protecting your legal rights. At Rosenthal Kooshoian & Lennon, LLP, we've guided countless Buffalo residents through the complexities of personal injury claims and have witnessed firsthand how timing can significantly impact a case's outcome.

What is New York's Personal Injury Statute of Limitations

New York's personal injury statute of limitations establishes the timeframe within which an injured person must file a lawsuit in the state's civil court system. In most personal injury cases across New York State, including those in Buffalo and the surrounding Erie County area, you have three years from the date of the injury to file a lawsuit. This applies whether you were injured in a slip and fall outside the Albright-Knox Art Gallery or in a car accident near Canalside.

This three-year window specified in New York's personal injury statute of limitations may seem generous, but time can pass quickly when you're focusing on recovery, especially during Buffalo's challenging winter months when injuries often increase. Missing this deadline typically means losing your right to seek compensation through the court system, regardless of how strong your case might be.

Different Types of Cases Under New York's Personal Injury Statute of Limitations

New York's personal injury statute of limitations varies depending on the specific type of case:

Standard Personal Injury Claims - 3 Years

Whether you suffered injuries from a collision on the Peace Bridge or tripped on uneven pavement near Sahlen Field, the standard three-year timeframe applies to most personal injury cases, including:

Motor vehicle accidents
Slip and fall incidents
Dog bites
Bicycle and pedestrian accidents
Defective product injuries

Medical Malpractice - 2.5 Years

If you experienced medical negligence at one of Buffalo's major healthcare facilities like Buffalo General Medical Center or Roswell Park Comprehensive Cancer Center, New York's personal injury statute of limitations for medical malpractice is shorter—just 2.5 years. This period typically begins from:

The date of the alleged malpractice
The end of continuous treatment by the provider who allegedly committed the malpractice

Claims Against Government Entities - 90 Days Notice Requirement

Accidents involving the Niagara Frontier Transportation Authority (NFTA) buses or injuries sustained on property owned by the City of Buffalo fall under different rules. When government entities are involved, New York's personal injury statute of limitations requires filing a Notice of Claim within just 90 days of the incident, followed by initiating a lawsuit within one year and 90 days for city, county, or state entities.

Exceptions to New York's Personal Injury Statute of Limitations

Several exceptions can extend or "toll" New York's personal injury statute of limitations:

The Discovery Rule

Some injuries aren't immediately apparent. For example, if you were exposed to harmful chemicals while working near the former Bethlehem Steel plant in Lackawanna, symptoms might not develop until years later. In limited situations involving exposure to toxic substances, the discovery rule allows the statute of limitations to begin when you discovered (or reasonably should have discovered) your injury.

Minors

If a child is injured while playing at Cazenovia Park or attending school in the Buffalo Public School system, New York's personal injury statute of limitations may be tolled until they reach age 18. However, this extension doesn't apply to all types of claims, and in medical malpractice cases, the extension is limited to 10 years from the date of the incident.

Mental Incapacity

If an injury victim lacks the mental capacity to pursue legal action, New York's personal injury statute of limitations may be tolled until capacity is restored. This could apply to someone who suffered severe traumatic brain injuries in an accident on the I-190 expressway and is temporarily or permanently incapacitated.

Defendant's Absence

If the defendant leaves New York State after causing an injury but before the lawsuit can be filed, the time they're absent might not count toward New York's personal injury statute of limitations. This occasionally happens in cases involving out-of-town visitors who cause accidents while visiting attractions like Niagara Falls.

Why New York's Personal Injury Statute of Limitations Matters

Understanding New York's personal injury statute of limitations is more than a legal technicality—it's fundamental to your ability to seek justice. Here's why this timeframe matters:

Preserving Evidence

Evidence deteriorates over time. Security footage from Walden Galleria that captured your fall might be deleted, skid marks on Elmwood Avenue might fade, and witnesses who saw your accident near the Buffalo and Erie County Naval & Military Park might move away or forget important details.

Legal Protection

New York's personal injury statute of limitations exists to provide legal finality. It ensures that cases are brought while evidence is still fresh and reliable, and it protects defendants from facing claims about incidents from the distant past.

Financial Recovery

Medical bills from treatment at Erie County Medical Center won't wait, lost wages affect your ability to enjoy Buffalo's revitalized waterfront district, and the pain and suffering you experienced while missing the Taste of Buffalo or the Allentown Art Festival deserve compensation. Failing to file within New York's personal injury statute of limitations can mean losing your chance at financial recovery.

What To Do After an Injury in Buffalo

Understanding the proper steps to take following an injury is crucial for protecting both your health and legal rights. As Buffalo personal injury lawyers, we've guided countless Western New Yorkers through this challenging process.

Seek immediate medical attention: Even if your injuries seem minor after an accident on the Kensington Expressway or a fall at Canalside, getting prompt medical care creates an official record and prevents conditions from worsening.
Report the incident: Notify the appropriate authorities about your injury, whether it's the Buffalo Police Department for a car accident near Delaware Park or management at the Walden Galleria if you slipped in their establishment.
Document everything: Take photos of your injuries, the accident scene along Elmwood Avenue, vehicle damage, hazardous conditions, and collect contact information from witnesses who saw the incident near Sahlen Field.
Preserve evidence: Keep damaged property, torn clothing, and any other physical items related to your injury that happened while crossing Main Street or shopping in the Broadway Market.
Obtain the police report: If law enforcement responded to your accident in North Buffalo or anywhere in Erie County, request a copy of the official report for your records and potential claim.
Maintain a detailed journal: Record how your injuries affect daily life, including pain levels, mobility issues, and activities you can no longer enjoy at Delaware Park or Larkin Square.
Avoid discussing your case: Refrain from posting about your accident on social media or giving recorded statements to insurance adjusters after your injury near Buffalo City Hall.
Don't accept early settlement offers: Initial proposals from insurance companies are typically far below what your case involving New York's personal injury statute of limitations may be worth.
Keep track of expenses: Save all medical bills, prescription receipts, property repair estimates, and documents showing lost wages from your Buffalo employer.
Know New York's personal injury statute of limitations: Understand that you generally have three years to file a lawsuit in New York after most personal injuries, though this timeframe varies for different case types.
Contact a Buffalo personal injury lawyer: Schedule a consultation with Rosenthal Kooshoian & Lennon, LLP to discuss the specifics of your case before New York's personal injury statute of limitations expires.

Taking these steps promptly after an injury in Buffalo can significantly strengthen your potential claim. At Rosenthal Kooshoian & Lennon, LLP, we're committed to helping injured Western New Yorkers navigate this process while focusing on their recovery. Remember that understanding New York's personal injury statute of limitations is essential for protecting your legal rights to compensation.

How a Buffalo Personal Injury Lawyer Can Help Navigate New York's Personal Injury Statute of Limitations

Understanding New York's personal injury statute of limitations is critical when pursuing compensation after an accident in Buffalo, and having experienced legal guidance can make all the difference in your case's success.

Case evaluation: A Buffalo personal injury lawyer can assess how New York's personal injury statute of limitations specifically applies to your situation, whether you were injured near Canalside or in a collision on the Scajaquada Expressway.
Deadline calculation: We can determine the exact filing deadline for your case, accounting for any factors that might extend New York's personal injury statute of limitations, such as injuries to minors at Delaware Park or cases involving government entities like the NFTA.
Evidence preservation: Your attorney will take immediate steps to secure critical evidence before it disappears, whether it's security footage from the Walden Galleria or witness statements from bystanders at Sahlen Field.
Proper documentation: We ensure all medical records from Erie County Medical Center or Buffalo General are properly obtained and organized to establish the extent and impact of your injuries.
Timely filing: A Buffalo personal injury lawyer will prepare and submit all required documents to the appropriate Erie County court before New York's personal injury statute of limitations expires.
Notice of claim assistance: For injuries occurring on city property near Niagara Square or involving municipal vehicles, we'll file the required Notice of Claim within the strict 90-day window that applies before the broader New York's personal injury statute of limitations.
Exception identification: Our team can recognize situations where exceptions to New York's personal injury statute of limitations might apply, such as delayed discovery of injuries from toxic exposure in industrial areas like the former Bethlehem Steel site.
Insurance negotiation: While respecting applicable deadlines, we handle all communications with insurance companies, preventing them from using delay tactics until New York's personal injury statute of limitations expires.
Alternative timeline management: For specialized cases like medical malpractice at Roswell Park Comprehensive Cancer Center, we track the shorter 2.5-year limitation period instead of the standard New York's personal injury statute of limitations.
Settlement timing: We coordinate settlement negotiations to resolve your case efficiently while preserving your right to file a lawsuit if talks extend close to when New York's personal injury statute of limitations would expire.
Continuous case monitoring: Throughout your case, from a slip-and-fall on Elmwood Avenue to a dog bite in Cazenovia Park, we vigilantly track all relevant deadlines to protect your legal rights.

At Rosenthal Kooshoian & Lennon, LLP, we understand how overwhelming the aftermath of an injury can be, especially when facing complex legal timelines. Our Buffalo personal injury lawyers are committed to managing these critical deadlines while you focus on recovering from your injuries and returning to enjoying all that Western New York has to offer.

The Risks of Waiting Too Long To File a Personal Injury Claim

Delaying action after an injury can seriously jeopardize your legal rights due to New York's personal injury statute of limitations and other time-sensitive factors that affect case outcomes.

Statute of limitations expiration: Once New York's personal injury statute of limitations expires, courts will almost certainly dismiss your case regardless of its merit, whether you were injured on the Peace Bridge or in a slip and fall at the Broadway Market.
Evidence deterioration: Critical evidence like skid marks on Delaware Avenue, security footage from KeyBank Center, or hazardous conditions at Canalside can quickly disappear or degrade over time.
Witness memory fading: People who saw your accident near Buffalo City Hall may forget important details or become impossible to locate as time passes, weakening your case significantly.
Medical causation challenges: Delays in seeking treatment after an injury at Delaware Park or a collision on the Kensington Expressway make it harder to connect your injuries directly to the accident.
Insurance company advantage: Waiting provides insurance adjusters more opportunities to find inconsistencies in your story or reasons to deny your claim before New York's personal injury statute of limitations runs out.
Document preservation issues: Important paperwork like incident reports from Walden Galleria, employment records showing lost wages, or medical notes from Buffalo General Medical Center might be archived or destroyed.
Financial burden accumulation: Medical bills from Erie County Medical Center continue growing while you delay, creating unnecessary financial stress without compensation.
Treatment gap problems: Extended periods between your accident on Elmwood Avenue and your medical visits create "gaps in treatment" that insurance companies use to minimize your claim's value.
Lost settlement leverage: Your negotiating position with the responsible party weakens considerably as you approach New York's personal injury statute of limitations deadline.
Reduced compensation potential: Each delay increases the risk of receiving less compensation than you deserve for injuries sustained while visiting Sahlen Field or shopping in the Larkin District.
Legal preparation constraints: A Buffalo personal injury lawyer needs adequate time before New York's personal injury statute of limitations expires to investigate, build, and file a strong case on your behalf.

At Rosenthal Kooshoian & Lennon, LLP, we've seen how delays can permanently damage otherwise valid claims. We encourage anyone injured in Western New York to consult with a Buffalo personal injury lawyer promptly to protect their rights and ensure all deadlines related to New York's personal injury statute of limitations are met.

New York's Personal Injury Statute of Limitations FAQs

Does New York's personal injury statute of limitations differ for catastrophic injuries?

New York's personal injury statute of limitations generally remains the same regardless of injury severity. Whether you suffered a minor sprain at Bidwell Parkway or a catastrophic injury on the Buffalo Skyway, the standard three-year deadline typically applies. The severity may affect your compensation amount but not the time you have to file.

Can I file a claim if I was partially responsible for my accident?

Yes, under New York's comparative negligence system, you can still pursue compensation even if you were partially at fault for an incident near Niagara Square. Your percentage of fault may reduce your recovery, but New York's personal injury statute of limitations still applies regardless of fault allocation.

If the at-fault party lives outside Buffalo or New York State, does the statute of limitations change?

New York's personal injury statute of limitations applies to accidents that occur within the state, regardless of where the at-fault party resides. If your accident happened near Buffalo Harbor or Larkinville, the standard three-year period typically applies even if the responsible party lives in another state or country.

What happens if my injury occurred on a Buffalo public transit vehicle?

Injuries on NFTA buses or light rail systems fall under special rules for claims against government entities. You must file a Notice of Claim within 90 days, followed by a lawsuit within one year and 90 days—much shorter than New York's personal injury statute of limitations for standard cases.

Does New York's personal injury statute of limitations pause if I'm negotiating with an insurance company?

No, negotiations with an insurance company do not pause or extend New York's personal injury statute of limitations. Even if you're actively discussing settlement for injuries sustained on Elmwood Avenue, your three-year deadline continues running and you must file a lawsuit before it expires to preserve your rights.

If my injury worsened over time after an accident at Delaware Park, when does the statute of limitations begin?

In most cases, New York's personal injury statute of limitations begins on the date of the initial injury, not when symptoms worsen. The discovery rule exception generally only applies to toxic exposure and certain medical malpractice cases, not to injuries that progressively worsen.

How does New York's personal injury statute of limitations apply to injuries to passengers?

Whether you were a passenger in a vehicle on the I-190, on a boat in Buffalo's harbor, or in a rideshare traveling through Allentown, the standard three-year period under New York's personal injury statute of limitations applies from the date of the accident.

If multiple parties are responsible for my injury near Sahlen Field, do I need to file separate claims?

You can include all responsible parties in a single lawsuit, but New York's personal injury statute of limitations applies equally to all potential defendants. Working with a Buffalo personal injury lawyer helps ensure all liable parties are identified and included before the deadline expires.

What if I discover an injury was caused by a defective product purchased in the Walden Galleria?

For product liability claims, New York's personal injury statute of limitations is typically three years from the date of injury. However, certain defective product cases may qualify for the discovery rule if the connection between the product and injury wasn't reasonably discoverable immediately.

Does insurance coverage affect New York's personal injury statute of limitations?

No, the applicable insurance policies—whether your own or the at-fault party's—do not change New York's personal injury statute of limitations. Even if an insurance adjuster is willing to negotiate beyond the three-year mark, your legal right to file a lawsuit will still expire.

What if my injury occurred during a special event like the Taste of Buffalo or the Buffalo Wing Festival?

The standard New York's personal injury statute of limitations applies regardless of whether your injury occurred during everyday activities or special events. However, determining liability might be more complex if multiple entities were responsible for event safety and organization.

Can I reopen my case after settling if my injuries from an accident near Canalside worsen?

Generally, no. Once you've settled a claim and signed a release, you typically cannot reopen your case even within New York's personal injury statute of limitations period. This emphasizes the importance of understanding the full extent of your injuries before accepting any settlement.

Contact Us Before Time Runs Out

Don't let New York's personal injury statute of limitations prevent you from seeking the compensation you deserve. At Rosenthal Kooshoian & Lennon, LLP, our Buffalo personal injury lawyers are ready to protect your rights and guide you through every step of the claims process. Schedule your confidential consultation today and take the first step toward securing your future.

How Does No Win No Fee Work with Lawyers?

At RK&L, serving the Buffalo community from our downtown office overlooking Lafayette Square, we understand that legal fees can feel overwhelming. Many Western New Yorkers hesitate to pursue valid legal claims because they worry about the cost. That's why we offer no win no fee arrangements, also known as contingency fees, to make justice accessible to everyone from Elmwood Village to South Buffalo.

What is a No Win, No Fee (Contingency Fee)?

A No Win, No Fee agreement, also called a contingency fee arrangement, means you only pay your lawyer if they win your case. The lawyer's payment comes as a percentage of the money awarded to you (typically 25-40% of the settlement or verdict). If your case is unsuccessful, you don't owe legal fees, though you might still be responsible for certain court costs or administrative expenses depending on your agreement.

Think of it like this: Instead of paying your lawyer an hourly rate upfront, they essentially invest their time and resources in your case. Their compensation depends entirely on achieving a successful outcome. This arrangement makes legal representation accessible to people who couldn't otherwise afford to hire a lawyer, since there's no upfront cost.

For example, if your lawyer wins you a $100,000 settlement with a 33% contingency fee, they would receive $33,000, and you would get $67,000 (minus any case-related expenses). If they don't win your case, they don't get paid for their time and effort.

How Does No Win, No Fee Work with Lawyers?

We believe everyone deserves access to quality legal representation, regardless of their financial situation. We want to explain how our no win no fee arrangements work, making it easier for you to understand this payment structure and decide if it's right for your case.

Initial Consultation: Your first meeting with our lawyers is free, where we evaluate your case and discuss whether a no win no fee arrangement is suitable for your situation.
Payment Structure: Under a no win no fee agreement, you only pay legal fees if we successfully win your case or secure a settlement on your behalf.
Success Fee: If we win your case, our fee is calculated as a percentage of your compensation, typically ranging from 25% to 40% of the total amount recovered.
No Upfront Costs: You don't need to pay any legal fees while your case is ongoing, removing the financial barrier to pursuing your legal rights.
Risk Assessment: We carefully evaluate each case before accepting it on a no win no fee basis, ensuring there's a reasonable chance of success.
Case Expenses: While legal fees are contingent on winning, some case-related costs like court filing fees or expert witness fees may still apply, which we'll discuss upfront.
Written Agreement: All terms of the no win no fee arrangement are clearly outlined in a written contract, including the exact percentage we'll receive if successful.
Case Types: This arrangement typically applies to personal injury, medical malpractice, workplace accidents, and similar cases where compensation is being sought.
Time Investment: Our lawyers dedicate their time and resources to your case without immediate payment, sharing the risk of pursuing your claim.
Settlement Handling: When your case settles, we receive our agreed-upon percentage directly from the settlement amount, with the remainder going to you.

At RK&L, we're committed to making legal representation accessible through our no win no fee approach. This arrangement allows you to pursue justice without the worry of upfront legal costs or ongoing fees. Contact us today to discuss whether a no win no fee agreement could work for your case.

Why Does RK&L Offer the "No Win, No Fee" Promise?

At RK&L, we believe that quality legal representation should be accessible to everyone in our Buffalo community, regardless of their financial situation. Our no win no fee promise stems from a deep commitment to justice and fairness in the legal system.

When someone suffers an injury or faces a legal challenge, they're often already dealing with medical bills, lost wages, and other financial pressures. Having to pay substantial legal fees upfront creates an additional barrier that prevents many people from pursuing legitimate claims. This particularly affects working families throughout Western New York, from factory workers in Lackawanna to small business owners on Hertel Avenue.

By offering no win no fee arrangements, we remove the financial risk from pursuing justice. This approach means we share the risk with our clients – we only succeed when they succeed. If we take your case, it means we truly believe in its merit and are willing to invest our time and resources to fight for your rights.

This promise also aligns our interests directly with yours. Since our payment depends on securing compensation for you, we're motivated to achieve the best possible outcome for your case. We work diligently on every case, whether it's a slip and fall at the Walden Galleria or a workplace injury at the medical campus.

Think of it as a partnership – we invest our legal resources and time in your case, while you focus on recovery and rebuilding. This arrangement has helped countless Buffalo residents access the legal system and receive the compensation they deserve, making our community stronger and fairer for everyone.

Benefits for Clients of No Win No Fee Lawyers

We believe in making legal representation accessible to everyone in the Buffalo community. Here's how our no win no fee arrangements benefit our clients, ensuring justice is available regardless of their financial situation.

Zero Upfront Costs: You don't need to pay any legal fees to start your case, allowing you to pursue justice without financial strain during the legal process.
Financial Risk Protection: If your case is unsuccessful, you won't owe legal fees, eliminating the worry of mounting attorney bills during challenging times.
Aligned Interests: No win no fee lawyers only get paid when you win, ensuring we're fully committed to securing the best possible outcome for your case.
Quality Legal Representation: Access top-tier legal services regardless of your current financial situation, leveling the playing field against well-funded opponents.
Peace of Mind: Focus on recovery while we handle your legal matters, knowing exactly how fees will be structured with no surprise costs.
Clear Fee Structure: Understanding exactly what percentage will be paid from your settlement upfront, with no hidden charges or unexpected expenses.
Access to Resources: Benefit from our firm's full investigative and legal resources without worrying about hourly billing or additional costs.
Equal Standing: Stand confidently against large corporations and insurance companies, knowing you have strong legal representation backing your case.
Thorough Case Evaluation: Receive honest assessment of your case's merit, as we carefully evaluate each matter before accepting it on contingency.
Ongoing Communication: Stay informed about your case's progress without worrying that every phone call or email will result in additional charges.

What Kinds of Lawyers Work on Contingency?

At RK&L, we offer no win no fee arrangements for several types of legal cases, making justice accessible to everyone in the Buffalo community. Here's a comprehensive look at the practice areas where contingency fee arrangements typically apply:

Personal Injury Lawyers: Handle cases from slip-and-falls in downtown Buffalo to vehicle accidents on the 190, helping injured clients receive compensation for medical bills, lost wages, and pain and suffering.
Workers' Compensation Lawyers: Assist employees injured at workplaces throughout Western New York, from construction sites in Larkinville to manufacturing facilities in the First Ward.
Medical Malpractice Lawyers: Represent patients who have suffered harm due to healthcare provider negligence, working with families to secure compensation for additional medical care and long-term support.
Product Liability Lawyers: Take on cases involving injuries caused by defective products, protecting consumers and holding manufacturers accountable for unsafe items.
Employment Lawyers: Address workplace discrimination, wrongful termination, and wage disputes, helping employees from South Buffalo to North Buffalo stand up for their rights.
Class Action Lawyers: Represent groups of people affected by the same issue, such as neighborhood-wide environmental concerns or widespread consumer fraud.
Disability Lawyers: Help clients navigate the complex Social Security disability benefits system, ensuring they receive the support they need and deserve.
Civil Rights Lawyers: Protect constitutional rights and fight discrimination, ensuring equal treatment for all Buffalo residents regardless of background.
Wrongful Death Lawyers: Support families who have lost loved ones due to negligence or misconduct, helping them seek justice and financial security.

How a Buffalo No Win, No Fee Lawyer Can Help

At RK&L, we understand that seeking legal help can feel overwhelming, especially when you're already dealing with injuries or other challenges. Here's how our no win no fee lawyers serve the Buffalo community, making justice accessible while eliminating financial barriers.

Case Management and Investigation: Our personal injury lawyers handle every aspect of your case, from gathering evidence in North Buffalo to collecting medical records in the Medical Corridor, allowing you to focus fully on recovery.
Insurance Company Negotiations: Our personal injury attorney team stands strong against insurance companies, using our proven track record to fight for the maximum compensation you deserve, whether your injury occurred downtown or in the First Ward.
Financial Protection and Support: With our no win no fee agreement, pursue justice without worrying about legal expenses while we cover all upfront costs of building your case.
Local Knowledge and Dedication: As lifelong members of the Buffalo community, we understand the unique challenges from winter accidents on Delaware Avenue to workplace injuries in Larkinville, giving your case a true hometown advantage.

Ready to Discuss Your Case? Let's Talk.

At RK&L, we believe everyone deserves access to justice, regardless of their financial situation. Our no win no fee contingency basis approach means you can pursue your case without worrying about upfront legal costs. Contact us today to discuss your case.

No Win, No Fee Lawyer FAQs

At RK&L, we want to address some important questions about our no win no fee arrangements that we haven't covered elsewhere. Here are additional details to help you better understand how this process works.

What documents should I bring to my initial consultation?

Bring any relevant photos, police reports, medical records, witness contact information, and insurance correspondence. Having these documents ready helps us evaluate your case thoroughly during our first meeting in our downtown Buffalo office.

Will my case have to go to court?

Most cases settle outside of court through negotiation, but we prepare every case as if it will go to trial. This thorough preparation often leads to better settlement offers and shows insurance companies we're serious about fighting for your rights.

Can I still pursue a case if the accident happened months ago?

New York State has specific time limits (statutes of limitations) for filing different types of personal injury claims. Contact us as soon as possible to ensure your case falls within these deadlines and to preserve important evidence.

What if I was partially at fault for the accident?

New York follows comparative negligence rules, meaning you can still recover compensation even if you were partially at fault. Your percentage of fault would reduce your compensation, but you maintain the right to pursue your claim.

Do I have to accept a settlement offer?

You have the final say in accepting or rejecting any settlement offer. We provide guidance based on our experience but respect that it's ultimately your decision to make.

What if the insurance company contacts me directly?

Direct all insurance company communications to our office. Insurance adjusters may try to record statements or obtain information that could harm your case, so it's best to let us handle these interactions.

Steps To Take After A Car Crash

You do your best to be an alert, safe driver every time you hit the road. Unfortunately, accidents can happen regardless of how careful you are as a motorist. If you are involved in a car crash, the actions you take directly following the crash are vital.

At Rosenthal Kooshoian & Lennon, LLP, our car accident lawyers help victims injured in car accidents and promote safety on the roadway.

What To Do After A Crash

A crash can alter your life in mere seconds. Your health and financial stability can change in an instant. When you are involved in an auto accident, you should work quickly and take the correct measures to help aid your recovery. After an accident you should:

Promote safety: Check yourself and any passengers for injuries. Make yourself visible to other motorists so they do not make the crash worse.
Seek medical attention: If injuries are severe, call an ambulance. If you feel fine or have minor injuries, you should still receive medical attention. Some injuries worsen over time or do not present symptoms right away. Request detailed documentation from your medical professionals and ask questions about your recovery plan.
Document everything: If you are able, you should take pictures of the scene and get contact information from any witnesses and first responders. Take pictures of your injuries as well. Ask your doctor for thorough notes, and always keep copies of all visits and associated costs. If a representative from an insurance company contacts you, record their contact information and the subject of their inquiry.
Contact professionals: Call the police and have them file a report. Speak with a medical professional and call a lawyer as soon as you can. Your attorney can begin their own investigation into the accident.
Stay diligent: Keep your attorney notified of any correspondence from insurance representatives or other professionals. Make sure your lawyer understands your needs, goals and recovery plan.

Saying the wrong thing could jeopardize your case. Do not apologize for anything, and take action right away.

We Are Here For You

The attorneys at Rosenthal Kooshoian & Lennon, LLP have over 70 years of experience helping motor vehicle accident victims. We know how to investigate a crash and ensure that you reach the best possible outcome after such a difficult experience. If you’ve been in a crash, contact our firm at 716-202-9396 to receive the assistance of an experienced advocate.

Long-term effects of brain injuries from slip-and-fall accidents

Slip-and-fall accidents can lead to serious injuries, including traumatic brain injuries (TBIs). The long-term effects of TBIs are often life-altering, affecting not only physical health but also emotional and cognitive well-being.

Understanding the potential impacts of TBIs can help those injured seek the appropriate medical care and legal assistance.

Cognitive and emotional effects

Traumatic brain injuries often lead to long-term cognitive problems, such as difficulty concentrating, memory loss, and impaired decision-making. Emotional changes are also common, including anxiety, depression, and mood swings.

These effects can severely impact a person’s ability to work, manage daily tasks, and maintain relationships. New York law allows those injured to pursue compensation for these non-economic damages, which include emotional distress and loss of quality of life.

Physical challenges

Physical symptoms can persist long after the initial injury. Headaches, dizziness, and fatigue are common long-term issues faced by TBI survivors. In severe cases, TBIs can result in loss of motor skills or even partial paralysis. These physical impacts can require ongoing medical treatment, rehabilitation, and assistance with daily activities.

Impact on quality of life

The long-term impacts of TBIs can significantly affect the overall quality of life. Many individuals suffering from TBIs face challenges in returning to work, which can create financial stress. They may also need to rely on caregivers or experience reduced independence, adding further emotional and financial burdens.

Work toward recovery

The long-term impacts of a TBI from a slip-and-fall accident can be extensive and challenging to manage. Those injured should understand their rights under New York law regarding compensation to cover medical treatment, rehabilitation, and emotional support to aid in their recovery.

What Are Your legal Options After a Drone-Related Injury?

Drones have become popular for both recreational and commercial purposes. As drone use rises, accidents that lead to personal injuries have also increased. People need to understand the legal aspects when handling drone-related personal injury cases.

Determining liability in drone accidents

In any personal injury case involving drones, determining liability remains one of the most critical steps. The drone operator, the drone manufacturer, or even the property owner where the incident happened could be liable. Drone operators may show negligence by not following local flight regulations, flying too close to people, or losing control of the drone. The manufacturer could also be liable if a defect in the drone caused the accident.

Federal and state regulations

Drone operators must follow federal laws set by the Federal Aviation Administration (FAA) and state or local laws. Federal regulations require operators to fly drones responsibly and within certain guidelines, such as maintaining line of sight and avoiding restricted areas. Many states have their own drone laws, which may impose additional restrictions on where and how drones can fly. Operators need to understand these regulations, as breaking them can establish liability in a personal injury case.

Privacy concerns

Privacy issues can complicate drone-related personal injury cases. Drones often have cameras and may unintentionally capture footage of people. If a drone injures someone while illegally invading their privacy, the operator may face additional liability. Courts consider the operator’s intent, whether they flew in restricted airspace, and whether they captured footage without consent.

Seeking compensation for injuries

Those who have been harmed by drone accidents can seek compensation for medical expenses, lost wages, and emotional distress. The injured party must prove that the drone operator or another party acted negligently, resulting in the injury. Consulting a personal injury attorney experienced in drone-related cases can help injured parties receive fair compensation for their damages.

Drone technology evolves rapidly, and with it comes new challenges in personal injury law. Understanding the legal landscape and seeking professional guidance help ensure that those who have been injured receive protection and that responsible parties face accountability.

5 Ways Phones Can Distract Drivers From Seeing Pedestrians

Distracted driving poses a significant threat to pedestrians. For example, unlike vehicles, pedestrians may not always follow predictable paths or be as visible to drivers. Drivers may scan for other cars while not watching for pedestrians crossing the street or walking along sidewalks.

As a result, even a momentary distraction caused by phone use can have devastating consequences that require compensation for injuries or fatalities.

1. Notifications

The constant stream of notifications from social media, messaging apps and email can tempt drivers to glance at their phones while behind the wheel. Even a short distraction to check a notification can result in a failure to notice pedestrians.

2. Texting

Texting while driving demands visual, manual and cognitive attention. A driver engrossed in texting may fail to see pedestrians in their path or fail to react promptly to changes in traffic conditions.

3. Talking

Engaging in phone conversations, whether through handheld or hands-free devices, can also distract drivers. Conversations require cognitive focus, reducing the driver’s ability to process visual information effectively. This distraction increases the likelihood of not seeing pedestrians in the vicinity.

4. Navigation

Using GPS navigation apps on smartphones can lead drivers to take their eyes off the road to check directions. This distraction can cause them to overlook pedestrians crossing intersections or walking near the roadway.

5. Social media

Scrolling through social media feeds or browsing the internet while driving is a dangerous habit. It can result in catastrophic accidents. The allure of staying connected online can cause drivers to become completely oblivious to nearby pedestrians.

The pervasive use of mobile phones while driving poses a significant threat to pedestrians. Injured pedestrians can seek compensation by pursuing legal action against negligent drivers. Compensation can cover medical expenses, lost wages, pain and suffering, and other damages.

Safety Tips For Pedestrians

Following good pedestrian safety practices is important when sharing the road with motor vehicles. While drivers have a responsibility to watch for pedestrians, those walking near the road should also take steps to protect themselves.

The following safety tips can help pedestrians avoid motor vehicle accidents.

Stay alert and avoid distractions

Pedestrians should stay focused when walking near traffic. Using phones, listening to music with headphones or engaging in any activity that draws a driver’s attention away from their surroundings can increase the risk of car accidents. Always keep an eye on the road and sidewalks, especially when crossing streets.

Cross at designated areas

Crosswalks and intersections are the safest places for pedestrians to cross the road. These areas feature thoughtful designs that help both pedestrians and drivers avoid accidents. Pedestrians should avoid crossing the street in the middle of a block, as this increases the risk of a sudden vehicle collision. When at a crosswalk, pedestrians should wait for the signal and ensure vehicles have stopped before stepping onto the street.

Make eye contact with drivers

Before crossing a street, pedestrians should make eye contact with stopped drivers to ensure that the driver sees them. Even if a pedestrian has the right of way, there is always a risk that a driver might not notice someone crossing the road.

Wear bright or reflective clothing

At night or in low-light conditions, wearing bright or reflective clothing can help pedestrians stay visible to drivers. Motor vehicle accidents involving pedestrians often occur because the driver cannot see the person walking. Reflective gear, especially on darker streets, helps increase visibility and lowers the risk of accidents.

Walk on sidewalks or facing traffic

Whenever possible, pedestrians should walk on sidewalks. If no sidewalks are available, walking on the side of the road while facing traffic helps pedestrians see oncoming vehicles and react if necessary. Staying alert and visible can prevent dangerous situations.

There are approximately 15,000 pedestrian injuries and 300 pedestrian deaths in New York State each year. Being just a bit more mindful about safety can help everyone reduce this unfortunate statistic.

The Biggest Causes Of Car Accidents in New York

Car accidents in New York concern drivers, pedestrians, and cyclists alike. Understanding the primary causes helps everyone take steps to avoid common pitfalls on the road.

Distracted driving

Distracted driving leads to many car accidents in New York. Texting, using a GPS, eating, or talking on the phone takes a driver’s attention away from the road.

Even a momentary lapse in focus can result in serious consequences. Drivers must prioritize their attention to reduce the risk of accidents caused by distraction.

Speeding

Speeding plays a significant role in car accidents. Exceeding the speed limit reduces the time a driver has to react to sudden changes, such as another vehicle stopping abruptly or a pedestrian crossing the street.

Higher speeds also increase the severity of accidents, leading to more significant injuries and damage. Drivers can mitigate this risk by obeying speed limits and adjusting speed according to road conditions.

Drunk driving

Driving under the influence of alcohol or drugs remains a severe issue in New York. Impaired drivers have slower reaction times, poor judgment, and diminished coordination, making them more likely to cause accidents.

Despite strict laws and penalties, drunk driving continues to endanger the lives of all road users. Choosing not to drive after consuming alcohol or drugs is crucial for maintaining road safety.

Weather conditions

New York experiences a wide range of weather conditions, from heavy snow and ice in the winter to rain and fog throughout the year. These conditions make roads slippery and reduce visibility, increasing the likelihood of accidents.

Drivers must adapt to weather conditions by slowing down, using headlights appropriately, and maintaining a safe distance from other vehicles.

Aggressive driving

Aggressive driving behaviors, such as tailgating, weaving in and out of traffic, and road rage, contribute to many accidents in New York.

These actions create hazardous situations and often lead to collisions. Staying calm, patient, and courteous on the road helps prevent accidents caused by aggressive driving.

Key takeaways for preventing car accidents

Understanding the primary causes of car accidents in New York can lead to better prevention strategies. Awareness and responsible driving behaviors play crucial roles in reducing the frequency and severity of car accidents in New York.

What Are The Most Common Fall Driving Hazards?

Fall is a beautiful season, but it also brings unique driving challenges. From wet leaves to foggy mornings, these hazards can increase the risk of accidents. Understanding these dangers can help drivers stay safe while enjoying autumn’s beauty.

Watch for wet leaves on the road

Falling leaves are a hallmark of autumn, but they can be hazardous when they cover the roads. Wet leaves are slippery, reducing traction and making it easier to lose control of the vehicle. Drivers should slow down and give themselves more time to stop when driving on roads covered with leaves. Also, keep an eye out for leaf piles, which can sometimes hide road hazards or obstacles.

Prepare for shorter daylight hours

As the days grow shorter, more drivers find themselves driving in the dark. Reduced visibility can make it difficult to see pedestrians, cyclists, and other vehicles. Headlights should be turned on earlier in the evening, and drivers should take extra care to scan the road for hazards. Maintaining a safe distance from other vehicles also provides more reaction time.

Be mindful of deer activity

Fall is deer mating season, and these animals are more active near roadways, especially at dawn and dusk. Drivers should reduce speed in areas where deer crossings are common and watch for any signs of wildlife. If a deer crosses the road, slow down rather than swerving, as this reduces the risk of losing control of the vehicle.

Drive carefully on foggy mornings

Cool fall mornings often bring fog, reducing visibility. Slow down and use low-beam headlights when driving in foggy conditions. High beams can reflect off the fog, making it even harder to see. It is crucial to keep a safe distance from other vehicles and avoid sudden stops.

Adjust speed for changing weather

Fall weather can be unpredictable. Rain, frost, and early snow can all create hazardous road conditions. Drivers should adjust their speed to accommodate these changing conditions and ensure that their vehicles have proper tire tread and functioning wipers to handle any surprises the season brings.

Driving in the fall requires extra care and awareness, but it also offers the chance to enjoy the season’s beauty. Stay vigilant, be proactive about safety, and enjoy the journey.

Man Hit By New Era CEO Pursues Personal Injury Claim

Most people think of a car accident as simply that, an accident. But is there ever an instance where a motorist intentionally tries to hit another driver or pedestrian? That may be the case in a recent dispute involving a prominent sports apparel CEO and the man who claims the executive intentionally hit him with his vehicle.

In May, 2022, Daniel Parisi was outside Oliver’s Restaurant, a popular dining establishment in North Buffalo, when he got out of his vehicle to talk to New Era CEO Christopher Koch, who was eating there with Parisi’s ex-wife. Parisi claims that Koch intentionally tried to run him over with his black SUV while driving out of the parking lot. Parisi said the altercation left him with a broken hand and a back injury.

Parisi initially pressed criminal charges

Shortly after the incident, Parisi filed criminal charges against Koch when the Erie County District Attorney’s Office charged Koch with first-degree reckless endangerment. However, according to local news outlet WGRZ, the DA reduced the felony charge to a misdemeanor; a judge ultimately dropped it. Koch’s attorneys allegedly convinced the judge that Parisi was trying to cut him off while exiting the restaurant parking lot.

Parisi is now pursuing a personal injury claim in civil court.

Security footage could be critical evidence in civil trial

While the judge allegedly believed Koch was trying to escape an unpleasant situation, security camera footage from the restaurant tells a different story. In the footage, you can see Parisi getting out of his car and walking toward Koch’s vehicle. Then, you see the black SUV turn its wheels to the left and drive directly towards Parisi, aggressively pushing him into the street with its bumper and smashing into the front right side of Parisi’s vehicle.

Despite what appears to be a clear intention to hit Parisi, police bodycam footage shows Koch telling authorities Parisi tried to cut him off as he was pulling out of the parking lot.

Injury victims can find different paths to justice

Mr. Parisi is lucky that his injuries weren’t any more severe than they were. Still, the incident could leave him with lasting physical and psychological wounds. Others like Parisi, who another individual intentionally hurt, shouldn’t lose hope if a criminal court drops their case. Filing a civil personal injury claim may allow injury victims to seek compensation to cover time away from work and medical expenses necessary for their recovery.