When a Buffalo resident suffers a personal injury, his or her medical bills arising from this injury are frequently paid through health insurance or some other insurer. In New York State, the insurer has a right to subrogation regarding any damages related to medical expenses that are recovered in a personal injury lawsuit. This means […]
Buffalo residents who suffer a personal injury frequently have alternative sources to pay for missed time from work, such as Workers’ Compensation payments or No-Fault automobile insurance benefits. This does not mean, however, that a person who misses substantial time from work as a result of a personal injury should not keep track of their […]
In some Buffalo personal injury lawsuits, the injured party may successfully prove that the other party was responsible but still be awarded inadequate compensation from the judge or jury that tried the case. When this happens, the injured person should consult with an experienced personal injury attorney to determine if there is any merit to appealing […]
When a personal injury occurs as a result of falling from scaffolding at a residence in the City of Buffalo, whether the injured party may proceed against the homeowner is governed by New York Labor Law section 240. Labor Law section 230[1] applies to cases involving a person hired to work in the erection, demolition, […]
While the “emergency doctrine” may apply to all kinds of personal injury cases, its most common application in Buffalo personal injury lawsuits is as a defense in automobile accidents. Basically, the emergency doctrine is a claim that because the person was responding to an emergency situation, he or she is not responsible for the actions […]
Buffalo residents who suffer a serious personal injury and receive Medicare – either prior to the injury or as a result of it – or may soon be eligible for it may hear the term MSPRC. MSPRC stands for Medicare Secondary Payer Recovery Contractor. It is the organization responsible for recovering medical payments made by […]
Buffalo personal injury attorneys may use a variety of evidence to establish that a defendant caused personal injury to a client. This evidence can be broadly divided into “direct evidence” and “circumstantial evidence.” Direct evidence is evidence that establishes one or more of the principal facts in dispute without the need for any other […]
Occasionally, a Buffalo personal injury lawsuit may involve a claim of “negligent entrustment” on the part of one of the defendants. Negligent entrustment is the act of leaving an object, such as a car or a weapon, with someone whom the lender knows or should know could use the object to harm others due to […]
There are many situations in which business records may be helpful in pursuing a Buffalo personal injury lawsuit. For example, invoices from a contractor for maintenance of property may be useful in determining who is responsible for an injury. While many records are not admissible in court without the person who prepared the document personally […]
The residents of Buffalo do not let a little inclement weather stand in the way when it comes to getting outside. While this may be admirable, it is not necessarily helpful to someone who suffers a personal injury by slipping while it is snowing. If it is snowing heavily, the defendant in a case involving […]