BUFFALO, N.Y. — Every state restricts the amount of time in which a person may pursue legal action for a personal injury case. This time limit is called the “statute of limitations.” In New York, those who are injured by a third party must comply with the statute of limitations and file a lawsuit before the time runs out if they hope to recoverfinancial damages for their personal injury accident.
New York’s Statute of Limitations for Personal Injury
If you wish to pursue legal action for a personal injury accident in Rochester, you have just three years from the date of the accident to begin the process. This means that you must file the complaint and all accompanying paperwork within three years from the date the accident took place and not three years from the time you discovered your injuries.
The statute of limitations of three years applies to almost all types of personal injury lawsuits; so, whether you were hurt because of a negligent driver in an automobile car accident, the carelessness of a manufacturer in a defective product incident, or if you slipped and fell in a grocery store, the amount of time you have to pursue legal action in civil court to recover damages remains the same.
Does this mean that if you fail to file a lawsuit within three years, you can no longer recover for your injuries? What options do you have if you miss the deadline? In rare cases, the statute of limitations in New York may be extended.
Seeking Damages After Time is Up
The defendant against whom you attempt to file a lawsuit will almost certainly file a motion to dismiss your lawsuit if you file after the statute of limitations expires. The court will more than likely dismiss your case unless a rare exception allows you to have extra time. If the court denies your lawsuit, you lose the right to pursue compensation for your losses, no matter how badly the defendant hurt you.
Exceptions to the 3-Year Statute of Limitations
In some cases, it may be possible to pursue a lawsuit after the statute of limitations has expired. The following circumstances may require more time:
If an injured person is under 18 at the time of the accident or considered to be of unsound mind, the three-year clock won’t start until the person turns 18 or is declared sane.
If the at-fault party leaves New York after causing the accident and before the lawsuit can be filed, and is gone for four months or longer, the period of his or her absence won’t count toward the three years.
If you have any questions, it’s best to seek the guidance of a professional personal injury lawyer in Buffalo. Cellino & Barnes has helped many clients recover the compensation they need to get back to their lives after a severe accident. Contact us for a FREE personal injury consultation, and we’ll connect you with our best personal injury lawyer for your case.
NEW YORK – At some point in your life, you’re probably going to be in an accident. According to a personal injury lawyer, New York residents will have at least five accidents in their life time. We’re not just talking car crashes. From slips and falls to medical malpractice, accidents happen to almost everyone. At some point, you’re going to need to learn how to choose the best personal injury lawyer for your case.
Relatively speaking, a few accidents over the course of a lifetime is still a rare occurrence. So, it’s no surprise that most accident victims don’t know where to turn.
Here, we’ll explain the steps you should take and ultimately how to choose the best personal injury lawyer for you and your family.
Why Do You Need A Personal Injury Lawyer?
No one wants a lawyer. But at some point after an accident, you’re probably going to need one.
Unfortunately, the big insurance companies are happy to take monthly payments from you (and everyone else), but they’re often shy when it comes to fairly compensating someone for an accident that wasn’t their fault! That’s not fair. And in these cases, a personal injury lawyer could help you get the compensation you need to pay for things like:
Pain & suffering
Inability to work
Okay, so now you know how a Brooklyn personal injury lawyer can help you. But there are dozens of lawyers to choose from in your neighborhood alone! You’re going to need to cut-out the noise and know how to choose the best personal injury lawyer for your specific case.
How To Choose The Best Personal Injury Lawyer
There are several things you should first evaluate before you start looking-up lawyers on the search engine. Here are some things to consider:
What kind of accident were you in?
Where did it happen?
When did it happen?
Is the accident complicated? (Many possible parties involved)
These questions should play a huge role in determining who’s the best lawyer for you. Just like you wouldn’t go to a pizza shop for ice cream, you probably don’t want to hire a divorce attorney for your personal injury claim. You’re also going to want someone local, with experience working in the area court systems.
The bottom line is, you should do your research! Make sure whoever you choose as your attorney has a skill set that is tailored to your type of accident.
At Cellino & Barnes, we have scoured the nation to find experienced Brooklyn personal injury lawyers who not only know law, but also know the injuries that are associated with each type of accident. From car accident lawyers to roller coaster accident attorneys, our team has an experienced attorney who has handled accident cases similar to yours. We know what to expect, and we know how to help you get the best results possible.
Whether you’ve been in a boating accident or injured in a construction slip and fall, give us a call for a FREE case evaluation. We’ll connect you with our best personal injury attorney in Brooklyn for your case. Together, we will make sure you and your family get fair personal injury compensation.
ROCHESTER, N.Y. – Millions of people get hurt in accidents every year. Whether you were in a car crash, a fall, medical malpractice injury, or some other kind of accident, you may be considering a personal injury claim. But How Difficult Is It To File A Personal Injury Claim In Rochester?
It really depends on your specific situation, a Rochester injury lawyer says.
How Difficult Is It To File A Personal Injury Claim In Rochester?
There are many different kinds of personal injury cases, and each one has specific deadlines that need to be met. Although anyone can file a personal injury claim, if you don’t know what you’re doing, you could be leaving thousands of dollars on the table (or more).
However, an experienced personal injury lawyer in Rochester on your side can help you get the best results possible. Here are some of the things an injury lawyer can do for you:
Investigate your accident and all possible sources of compensation
File all necessary paperwork on-time
Work with doctors to get you on the track to recovery
Assess a likely value of your case, based on experience and comparable cases
Negotiate with the big insurance companies to get a fair settlement
Prepare your case for trial, in case the insurance company is unwilling to settle
Hire experts to bolster your case
Filing a claim is not the difficult part. But, winning a personal injury claim can be a challenge without the right resources.
Who Can Help?
Not every case is worth the same compensation. But every case you have is the most important case to you. At Cellino & Barnes, our team of experienced personal injury lawyers understand how important your case is to you and your family. That’s why we treat each case like our only case.
When you choose Cellino & Barnes, we’ll connect you with our best Rochester personal injury lawyer for your case. That way, you’ll know that your legal team not only has the resources, but the experience and knowledge needed to help you get the best result possible.
Not sure if you have a case? Contact us for a FREE case evaluation.
BUFFALO, N.Y. – Car accident injuries vary from person to person, crash to crash. According to a Buffalo car accident lawyer, things like the location of the impact, the speed at which the cars collided, the people involved in the crash, whether or not the driver and passengers wore seat belts, whether or not the car had effective airbags, and many other details can all play a role. The bottom line is, there are A LOT of variables, but The Most Common Car Accident Injuries involve the head and neck.
The Most Common Car Accident Injuries
Approximately 2.3 million people become injured in a car crash each year, with many of them sustaining severe injuries that keep them away from work and their social lives. Although the specific injuries vary, the symptoms are often the same when there’s neck or brain damage. These symptoms include:
Neck pain and stiffness
The good news is, our society’s medical understanding of injuries like whiplash and concussions are improving every day. However, the bad news is, these injuries are often permanent and expensive to treat. But, that’s where an experienced Buffalo car accident attorney can come-in and help.
Whether you’ve suffered a head injury, neck injury, or both, our team of lawyers understand the pain you’re going through. We can help you get compensation for your injuries that can help pay for things like:
Pain & Suffering
Rehabilitation and Therapy
Whiplash is one of the most common soft tissue injuries that can arise from a motor vehicle accident. Many whiplash injuries come from rear-end accidents, though not all of them. Whiplash can occur at any time the head violently jerks back and forth. The term “whiplash” describes damage to the bone structures and soft tissues in the neck.
Although whiplash is not life-threatening, it can lead to an extended period of partial disability and chronic pain. It can take weeks or months after a car accident to notice whiplash symptoms, which is why it is crucial to avoid settling a claim without undergoing a medical evaluation.
Common whiplash symptoms include:
Neck pain and stiffness
Dizziness and fatigue
Weakness in the arms
Surprisingly, most whiplash injuries occur in accidents where the vehicles were traveling less than 12 miles per hour. Over half of all whiplash patients experience chronic pain as many as twenty years after sustaining their injury.
The Dangers of a Traumatic Brain Injury
Traumatic brain injuries (TBI) affect approximately 1.5 million people a year and account for 30% of all injury deaths. Unlike whiplash, more men suffer from TBI than women. They can occur from an open or closed head injury. Though one is most likely to sustain a TBI from a fall, car crashes are the third most common cause for a TBI-related emergency room visit, hospitalization, or death for all age groups.
Symptoms of TBI vary widely, but the most worrisome include:
Ringing in the ears
Change in sleep habits
Sensitivity to light and/or sound
Memory, concentration, attention or thinking issues
People who sustain a head injury should receive urgent medical care.
Whether you have suffered a TBI or whiplash or know someone who has due to the negligence of a third-party, you deserve satisfactory medical care and treatment. Unfortunately, unexpected medical costs can quickly drain your finances and take a toll on your quality of life.
ROCHESTER, N.Y. – School bus accidents can happen anywhere, anytime. In fact, there are hundreds of school bus accidents in the US each year. What Should I Do If My Child Was In A School Bus Accident? It’s a tough question every parent should ask themselves before school starts.
Although school buses are statistically safer than most vehicles on the road, they are some of the most serious accidents when they do happen. A Rochester bus accident lawyer explains step-by-step what parents should do when they’re notified their child has been involved in an accident.
Types of School Bus Accidents
When parents typically think of a “school bus accident,” they think of a collision. Although these do happen, it’s more common for children to be hurt in other types of “school bus accidents,” including:
Falls entering or exiting the bus
Tripping on-board the bus
Slipping in the aisle (wet floors)
Dragging (a child’s clothes or backpack caught on the bus as it drives away)
Pedestrian or bicyclist hit by a bus
It always makes sense to gather as much information about a school bus accident as soon as possible. It’s also wise to do your own research; don’t rely on your child’s school to keep you informed because they could potentially be to blame for the accident.
What Should I Do If My Child Was In A School Bus Accident?
If your child has been involved in a school bus accident, it’s not always easy to find out what happened because you weren’t there. That’s why the following steps are crucial:
Make sure your child gets immediate medical attention. Their well-being is ALWAYS top priority.
Document Everything. Talk to your child as soon as possible to help them recall what happened. Talk to other parents too – and write everything down.
Take photos. If you can’t take photos of the accident scene, at least take pictures of your child’s injuries. If your case has to go to trial, their injuries are likely to have healed by then, leaving you with no visual proof!
Contact an experienced bus accident lawyer. There are strict deadlines that need to be met when you file a personal injury claim. An experienced bus accident attorney knows what to do, and when it needs to be done.
It’s natural if you don’t want to consider a lawsuit right away, but consider this: you can get a FREE consultation with an experienced Rochester bus accident attorney at Cellino & Barnes. If you have any questions about what to do after a school bus accident, our team of trial lawyers can help you get answers.
We understand this can be a stressful time, and we’re here to help alleviate as much of that stress as possible – for both you and your child. Contact us online or call Cellino & Barnes for a FREE case evaluation.
ROCHESTER, N.Y. – If you’ve been watching the news or reading the headlines, you’ve probably seen that Rochester has experienced a recent surge in motorcycle crashes. Almost all of these accidents resulted in severe injuries or death. Many injured riders and family members may now be wondering, What Is My Motorcycle Accident Injury Claim Worth?
According to a motorcycle accident lawyer in Rochester, the answer depends on a number of different variables.
The bottom line is, motorcycles are dangerous vehicles if you’re not careful. And even when you’re completely alert, other drivers may not be — putting your life in danger.
What’s My Motorcycle Accident Injury Claim Worth?
In order to place a value on a motorcycle accident case, you first have to consider two main factors:
In most cases, liability is easy to assess. Can you prove another driver was at fault? If you can’t answer ‘yes’ to this question, you’re not likely to get a whole lot from filing a personal injury claim. If you can’t prove someone else was negligent in your accident, their insurance company isn’t obligated to pay you anything.
If you can prove someone else was responsible for your motorcycle accident, the next step will be measuring damages. What injuries did you suffer as a result of the accident? Damages can include:
Fracture injuries (such as broken bones)
Soft Tissue injuries (muscle sprains, strains and tears)
Pain & Suffering
Lost earning capacity
Loss of companionship
Lost wages at work
Motorcycle accident injuries are often some of the most serious types of injuries stemming from traffic collisions. They’re also some of the most costly injuries to treat. Broken bones, for example, can cost you thousands of dollars. These physical damages are easily calculated by looking at medical bills.
Other injuries however, like pain & suffering, cannot be measured in dollars and cents. Typically, juries are instructed to use good judgment when trying to calculate the cost of these damages.
Every case is different, and should be reviewed by an experienced Rochester motorcycle accident lawyer, who can help you and your family get the best result possible from your claim.
What To Do
There are several steps riders should take after a motorcycle accident:
Get immediate medical treatment
Gather evidence (photos, witness statements, etc.) from the accident scene
Keep records of all medical bills and payments associated with your accident
Review your case with an attorney who has experience handling motorcycle accident cases
The Rochester motorcycle accident attorneys at Cellino & Barnes have been trusted by hundreds of riders across New York State to help them get the best result possible. If you or a family member has been injured in a motorcycle crash, contact us for a FREE case evaluation.
Even if you’re not ready to hire a lawyer, you probably have many questions about the legal process. Our team can help get you answers. Call us today for a free consultation.
NEW YORK – We usually talk about drivers when we discuss personal injury claims stemming from auto accidents; however, passengers get hurt in these collisions as well. Can I Get Compensation As A Passenger In A Car Accident? Passengers have a few different avenues for recovery that we will explore.
File a Claim Against the Driver
It might sound awkward to file a claim against the driver who attempted to get you from Point A to Point B; but they (their insurance company) owe it to you. As a passenger, the driver whose car you got into was responsible for your safety. If it was his fault you became injured, he is responsible for using his insurance coverage to help you cover your accident-related damages. The driver’s policy should designate a portion of coverage to passengers.
Sometimes this coverage is still not enough to pay off all accident-related expenses.
File a Claim Against the Other Driver
Car accidents usually involve two vehicles, especially those in which passengers sustain harm. If the driver of the other car was partially at fault for the crash, you may as a passenger file a claim against them. This route may be more difficult since it is likely you will need to prove that he was partly at fault. A Manhattan car accident lawyer can help you gather the necessary evidence to support your claim.
Suing the Driver for Extra Coverage
Those who sustain serious injuries can consider suing any driver involved in the accident for additional compensation. Taking legal action against multiple drivers may take longer to resolve your case, but ultimately with the right car accident attorney in Manhattan by your side, it can help you obtain the maximum compensation.
Even if the driver is your friend, co-worker or an extended family member, you have the right to file a lawsuit against their insurance company.. On paper, the lawsuit would be you against your friend, but the insurance company is more likely to be on-the-hook for paying your injury compensation.
As you can see, passengers in a Manhattan car accident may resort to one of several options when seeking compensation for their injuries. It is imperative to speak with a knowledgeable Manhattan car accident lawyer to help you choose the path that’s best for you. Call Cellino & Barnes at any time for a free consultation.
BUFFALO, N.Y. – Millions of drivers get into car accidents each and every year. Chances are, you’ll be involved in at least one accident within your lifetime. What would you do if you were Injured in a Car Accident? What to Do next is crucial, and the following steps could save you time, money and even your life.
Injured In A Car Accident? What To Do Next
Car accidents are one of the top causes of severe injuries. Even a minor fender-bender can leave a driver or passenger with debilitating, permanent pain. From concussions to broken bones, it’s important to know what you should do if you’ve been hurt in a crash.
Get Immediate Medical Attention. The faster medical experts can diagnose and treat your injuries, the faster your recovery time will be.
Document Everything. If you were severely injured in an accident, you probably won’t be able to stay on-scene to gather photos, insurance information and witness statements. This is where your friends and family can really help you out. If you’ve been hurt in a car accident, you’re going to want to get the following documents:
Insurance information from all parties
Your Health Comes First. Even if you don’t feel any pain after a crash doesn’t mean you haven’t been injured. In the days and weeks following an accident, pay close attention to how you feel. According to a Buffalo car accident lawyer, it is very common for aches and pains to manifest 24 hours or more after a crash. If you experience any pain, it’s important to see a doctor immediately.
Contact a Car Accident Lawyer. Healthcare costs are expensive, and in the end, your injuries could be permanent. An experienced Buffalo car accident lawyer can help injured victims get compensation for their injuries, which could cover the following costs associated with a motor vehicle accident:
Pain & Suffering
Loss of Motion
Choosing A Car Accident Attorney
There are a number of law firms that claim to have car accident attorneys in Buffalo, but not all of them can deliver the same results. At Cellino & Barnes, our team has decades of experience taking on the big insurance companies, and we’ve recovered over $2 billion for our injured clients.
Have you been injured in a car accident? You’re going to want experienced doctors helping you recover. So, why wouldn’t you demand the same from your attorney?
Call the Buffalo car accident lawyers at Cellino & Barnes for a FREE case evaluation, and find out how our team can help you get the best result possible.
BUFFALO, N.Y. – When you’ve been injured in an accident, you’re probably going to need a good attorney to help you get compensation. But Who Is The Best Personal Injury Lawyer In Buffalo? It’s a question many Western New York accident victims ask every single day.
Every accident is different, and some attorneys may be better for your situation than others. Here, we’ll discuss how to find the best personal injury lawyer for you and your unique circumstances.
Who Is The Best Personal Injury Attorney In Buffalo?
Law is a diverse practice, and some attorneys focus their practice on certain niches, such as personal injury, in order to better help their clients. Here are some things to keep in mind when trying to decide who the best personal injury attorney is for you:
Have they handled cases similar to mine? Whatever type of accident you’ve been in, you’re going to want to make sure that your legal team has experience handling cases similar to yours. You probably wouldn’t want a divorce attorney going into court with your car accident case.
What does a Buffalo personal injury lawyer charge? Many law firms can charge you hundreds of dollars just for a consultation. Other law firms, like Cellino & Barnes, use what’s called a contingency fee. That means their policies prohibit attorneys from taking a fee unless the client agrees to settle a case, or they obtain a successful verdict.
Have they helped their clients get positive results? The key here is consistency. There are dozens of personal injury attorneys in Buffalo, all of which claim they’ve settled cases for millions of dollars, but not all of them have the same experience or track record of consistently getting large settlements or verdicts.
Do they have in-court experience? This may sound odd, but not all attorneys have tried a case in court. Many law firms aim to get a quick settlement, so they can move on to their next case. All attorneys at Cellino & Barnes have been trial tested, so you know they won’t hesitate to put your case in front of a jury if it will help you get the best result possible.
Don’t rely on online reviews alone. Online reviews, such as those found on Google or Yelp, can be incredibly helpful when determining who’s the best Buffalo personal injury lawyer for you. However, you should evaluate each review individually instead of just looking at their score. Some businesses “pad” their scores with false reviews. These reviews are often easy to spot. Try to identify reviews from people who were actually clients of the firm.
Compare and Contrast. Do your research and narrow your options down to just a few law firms. Do they check all of the boxes above?
Cellino & Barnes, Buffalo Personal Injury Lawyers
Cellino & Barnes has an entire team of experienced Buffalo personal injury attorneys, all of whom have tried cases in court – and won. Even if you’re not quite ready to hire a lawyer, you probably have many questions. Their team is available to help answer your questions at any time, simply call the number below for a FREE case evaluation.
BUFFALO, N.Y. – Getting into a car accident can take anyone by surprise, and most people are unprepared for what happens next. According to car accident lawyers, Buffalo drivers should follow some basic steps after a car accident, including calling an attorney. The amount of time you have to find the right attorney is limited.
How Much Time Do I Have to Get a Lawyer After a Car Accident?
Many people are in complete shock after a car accident, which is why it helps to remember a few simple steps to take immediately afterward.
Contact the police. An accident report must be filed to provide to your insurance company, which you should also contact as soon as you can.
Seek medical treatment. If you are hurt, you are advised to receive an evaluation from a physician, even if your injuries appear to be minor. Worse trauma can come up in the days and weeks following the crash.
Take photographs of the accident scene to prove the damage to your car, your injuries, and any other circumstances that led to the accident.
Exchange contact information with the other parties involved in the accident. Be sure to exchange driver’s license info, insurance company info, and phone numbers. You should be able to contact the other drivers after your accident, if necessary.
Call a car accident lawyer in Buffalo to recover just compensation. As a no-fault state, you must take a settlement from your insurance company in New York even if you were not at fault for the accident. However, the offer you get from your insurer may not be enough to cover all the costs of the damages. An attorney can help you pursue fair reimbursement.
How Long Should I Wait to Call a Car Accident Lawyer in Buffalo?
Most people aren’t sure when to search for a Buffalo car accident lawyer, and many don’t know if it’s necessary. Still, if you’ve been injured, it’s best to have a professional on your side to protect your interests.
One of the factors to take into consideration when thinking about calling an attorney is the statute of limitations. In New York, you have just three years from the date of the accident — not the date you discovered an injury — to pursue a lawsuit for damages. Although this might seem like more than enough time, taking legal action is a complex process that can take months to complete.
The most reasonable time to contact a personal injury attorney in Buffalo to represent you in a car accident case is as soon as you possibly can. Why? When you meet with a Buffalo accident lawyer, you’ll get to know all of your legal options. It’s also important to discuss the details of the accident with a lawyer while they are still fresh in your mind. So, the sooner you call an attorney, the more likely it is that you’ll get the best result possible.
At Cellino & Barnes, we help car accident victims recover just compensation for their injuries, including the cost of:
Lost earning capacity
Pain and suffering
The sooner we can help you, the better your chances of receiving the compensation you need will be. Contact us for a free consultation in Buffalo.
Cellino & Barnes (800) 888-8888
I would like to thank your firm for representing our family on behalf of my late husband. This whole process was, at times, difficult for us and sometimes painful. But, we were always in good hands as Brian and Maria are two of the hardest working and sincerest people I have ever had the pleasure of meeting. They did a tremendous job.