In some Buffalo premises liability lawsuits, the defense will argue that the defect that caused the injury was “trivial” and therefore not actionable. This may occur, for example, when someone trips over a slightly uneven sidewalk or in a small pothole. Basically, the defense is arguing that the defect that caused the plaintiff’s injury was […]
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It is not unusual for Buffalo personal injury lawsuits to be decided through a bifurcated trial. Generally, a judge has authority under New York State law to “split up” the issues in a personal injury lawsuit or other court case if he or she finds it would be helpful to the jury. In personal injury […]
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The time frame during which Buffalo personal injury lawsuits involving minors and municipalities must be pursued can become very complicated. In most cases involving municipalities, the injured party must file a Notice of Claim with the appropriate government agency involved in the case within 90 days of injury. This time frame may be extended by […]
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Prior to filing a complaint indicating that a plaintiff is pursuing damages based on a medical malpractice claim, Buffalo personal injury attorneys are required to, in many cases, consult with a physician regarding the matter. Section 3012-a of the Civil Practice Law and Rules requires that when filing a medical malpractice claim, the complaint submitted […]
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When a Buffalo personal injury lawsuit is brought to trial, New York State law has set forth several limitations on what information may be presented and the form of that presentation. The purpose of a personal injury trial is to allow both parties to have their side of the story heard by an impartial jury, […]
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Many Buffalo personal injury lawsuits hinge upon documentation such as records of maintenance or complaints regarding a dangerous condition. If such documents exist and are requested by the injured party, the defense is usually obligated to disclose them. If documentation has been destroyed, the issue may impact how the case proceeds. When there is proof […]
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Victims of Buffalo personal injury accidents who suffer spinal injury may develop symptoms referred to as radiculopathy. Radiculopathy is not considered a medical condition, but rather a description of symptoms associated with spinal injury. Radiculopathy is a type of neuropathy, which means that nerves affected by the spinal injury do not work as they normally […]
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When a Buffalo resident is rendered unable to work – or is forced to take a position with lower pay – as a result of injuries sustained in a personal injury accident, he or she may seek compensation for future lost wages as part of a personal injury lawsuit. The determination of future lost wages […]
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Photographs of an accident scene or injuries are commonly used as evidence in Buffalo personal injury lawsuits. Generally, photographs are admissible as evidence if it can be established that they are authentic and accurately depict what they purport to show. Because photographic evidence can make such an impact on a jury, a dispute may arise […]
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Buffalo personal injury lawsuits will occasionally involve surveillance of the plaintiff by an investigator working for the defense. This usually occurs when the defense seeks to prove that the plaintiff is overstating his or her injuries, is working while claiming to be incapacitated from work, or is otherwise being untruthful. New York Civil Practice Law […]
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