What is Considered a Personal Injury in Buffalo, NY?

Personal Injury in Buffalo

Unfortunately, accidents happen and when they do, they are generally accompanied by injures. You can become involved in an accident when you least expect it, such as visiting a friend, doing your weekly grocery shopping, or driving the kids to school. Sadly, injuries can be severe or even fatal in some cases, and you may be seriously injured at the fault of someone else. Being injured can have a significant impact on your life, especially your finances. If you have been injured by someone else’s negligent behaviors is often considered a personal injury, and it’s important to contact a Buffalo personal injury attorney as soon as possible after the accident to help determine if you may be eligible for compensation for your injuries. Here is some brief information about what is considered a personal injury in Buffalo, NY, and a few of the most common types of personal injuries. 

When is an Injury Considered a Personal Injury?

A personal injury is basically a term that is used to reference an area of the law that possibly allows the person that has been injured to get recover legally for the losses they sustained as a result of an accident that was due to someone else’s negligence, carelessness or intentional conduct. A personal injury case is generally considered a civil action that means when another party (individual or business)is found to be at fault and legally responsible for the injuries you sustained. The law of negligence is what governs the majority of personal injury cases, meaning the responsible party may owe the injured person a reasonable level of care. 

Primary Principles of Personal Injury

Personal injury cases are based on two primary principles; duty of care and negligence. In order for you to have a successful personal injury case, it must be proved that your injuries were the result of negligence, which means the responsible party had a responsibility to prevent the risk of harm to another person. If your injuries were caused by someone else’s negligence, you must prove that the responsible party had a duty of care towards you, and they failed to meet these expectations, which causes you to suffer damages as a result of the injuries you sustained. 

Whether your injuries are minor or severe, temporary or permanent, personal injuries can be devastating and have a lasting result on your life. Whether it is for a loss of income, medical bills, physical therapy, or psychological needs, being eligible for compensation for your injuries may significantly help with your pain and suffering and improve your life. If you have sustained injuries from an accident that was due to someone else’s negligent behaviors and failed duty of care, it’s essential that you consult with a personal injury lawyer to help determine if you are eligible for compensation for your injuries.

Common Types of Personal Injuries

Studies have shown that each year there are over 29 million people that seek medical attention from emergency rooms as a result of unintentional injuries. Personal injury claims range from automobile accidents and workplace injuries to medical malpractice. Regardless of the cause of your injury, when unintentional injuries cause an interruption in your life because of someone else’s negligence, you should be compensated. However, navigating the legal system can be challenging, which is why you need to consult with and hire an experienced personal injury attorney to help you get the best outcome for your case. Here are some of the most common types of personal injury cases that you should have your personal injury lawyer handle:

Automobile Accidents

The most common type of personal injury claims are injuries sustained from automobile accidents. In fact, research has shown that on average, there are more than six million vehicle accidents per year. Unfortunately, many auto accidents claims become she-said, he-said scenarios, which are why you need an experienced personal injury lawyer to assist you with finding evidence, negotiating with the insurance companies, and helping you get the best possible outcome for your individual cases. Whether the accident involved reckless driving, intoxicated driving, or speeding, if you have been injured as a result of someone else’s negligence, you must be able to prove it, which may be easier said than done. Personal injury attorneys cover all types of automobile-related accidents, including car accidents, motorcycle accidents, bicycle accidents, and pedestrian accidents. 

Slip and Falls

Slip and fall accidents are also an extremely common type of personal injury claim, especially for the elderly. There are millions of people over the age of 65 that are treated in emergency rooms for injuries sustained from falls each year. Unfortunately, many of these individuals fell because of someone else’s negligence. Slip and fall accidents typically happen when a property owner is negligent in providing a safe environment. For example, a slip and fall accident may be caused by icy sidewalks, a poorly lit stairwell, or a spill in the grocery store. Dangerous property conditions, such as falling objects or structural problems often result in premise liability injuries. From broken railings to wet floors, if you have been injured due to someone else’s negligence, you should be properly compensated for your injuries.

Medical Malpractice

Unfortunately, medical malpractice is much more common than many people would like to believe. Medical professionals, including doctors, nurses, and other healthcare professionals take an oath to do no harm, sadly though they sometimes fall short on these responsibilities. When a medical provider fails to provide the necessary or competent care that their patient needs, it often results in pain and suffering, injuries, many of which are severe, and possibly even death. An injury from medical malpractice may be life-altering and the injured party should be reimbursed for their emotional, physical, and financial hardships. Some common types of medical malpractice often include:

  • Childbirth injuries
  • Misdiagnosis
  • Delayed diagnosis
  • Prescribing inappropriate medications or medication dosage
  • Surgical errors or inappropriate surgeries
  • Failure to provide proper or no treatment
  • Anesthesia errors 

Product Liability

A product liability claim arises when a seller or a product manufacturer inflicts (causes) injury to a buyer resulting from a design flaw or manufacturing defect of the product. Product liability claims may include side effects and/or injuries that you sustained from the use of a defective product, such as recalled food products or medications. When products are manufactured and made available for public/consumer use, it is expected that the product is safe. If you have been injured due to a defective or unsafe product, it’s essential that you contact a personal injury attorney as soon as you are aware of the problem.

Along with having someone on your side that is experienced in personal injury claims one of the most important reasons to contact an attorney as soon as possible after your accident occurs is because of the statute of limitations. Although the statute of limitations varies from case to case and state to state, it does limit the time period in which a personal injury case may be filed. In order to possibly receive compensation for your injuries, it is critical that your claim be filed before the statute of limitations expires for your individual case.