Buffalo Car Accident Attorneys

New York is a “no fault” car insurance state, which means that you must file an auto insurance claim under your own personal injury protection (PIP) coverage regardless of who caused the crash. Only under circumstances involving “serious injury” (such as significant disfigurements or disabilities) can you file and pursue a claim against the driver who caused your car accident.

Compensation that you should be eligible to receive includes coverage for your accident-related:

• Medical costs, such as hospitalization, surgeries, and medications
• Lost wages from time taken off work
• Property damage
• Ongoing medical care, such as counseling and rehabilitation
• Pain and suffering

In very rare cases, you may be able to seek punitive damages as well. For more specific information based on the facts of your unique situation, contact an attorney to discuss your case.

We can't tell you exactly how much your case may be worth without first knowing the details of your accident. This is because each claim is unique and your settlement will vary depending on the severity of your injuries and the actions of the other driver that led to your accident. In general however, it's estimated that the average settlement amount for car accident injury claims in the U.S. is around $20,000. For victims who have suffered more catastrophic injuries (brain, spinal cord, etc.), you can expect a significantly larger settlement. Once again, the best way to determine whether or not you are being offered a fair settlement is to speak with our team of car accident lawyers in a free initial consultation.

In New York state insurance companies must settle a claim within 35 days of the claim being filed. If your claim is approved, they should offer you a settlement at the end of those 35 days, at which point you will have the opportunity to either accept or reject the settlement offer. If you accept the settlement you will not be able to pursue legal action against the insurance company for that claim. If you choose to reject the settlement, you will need to contact a lawyer and take the insurance company to court if you want to pursue further compensation.

Plaintiffs must file their car accident claim with the courts no later than three years from the date of the crash that led to their injuries. After this deadline (or “statute of limitations”) has passed, you will not be able to file a claim.

In the event of wrongful death, the surviving family member(s) of the deceased has two years from the date of their loved one’s passing to file a claim.

Please note that the earlier you initiate your car accident claim, the more likely you and your attorney will be able to collect relevant evidence while it is fresh which will make proving your claim much easier.

There is no set timeframe for how long a car accident lawsuit takes to resolve. Simple cases, where the insurance company is willing to settle outside of court without much argument, can be resolved in as few as 6 months. More complex cases with more serious injuries can take years to resolve because your attorney will most likely want to wait until you reach maximum medical improvements before bringing your case to court. Additionally, if the insurance company refuses to cooperate or offer a fair settlement, this means you will have to argue your case in court, which can take some time.

An experienced car accident lawyer such as those at Faraci Lange, LLP understands the ins and outs of New York car accident laws, related legal procedures, and the auto insurance industry. Having a lawyer on your side can also greatly improve your chances of receiving the maximum amount of compensation you are entitled to. Plus, letting someone else handle your legal claim allows you to focus on more important things, such as your recovery. If you have been wrongfully injured and aren’t sure what to do next, our car accident attorneys in Buffalo are here for you.