Nearly all Buffalo personal injury lawsuits are based upon a claim that someone was “negligent” and, as a result, the person bringing the lawsuit was injured. While most people have an idea of what the term negligence means when applying it to their daily lives, there is a specific meaning that applies in personal injury […]
The length of time a person has to sue following a Buffalo personal injury accident is referred to as the statute of limitations. The length of the statute of limitations varies depending on the manner in which the injury occurred and, in some cases, who caused the injury. Most personal injury cases involve a claim […]
An admission of negligence by the defendant in a Buffalo personal injury lawsuit is obviously very helpful to the injured party. Such admissions often go a long way towards helping to settle a case without having to go to trial. They do not, however, automatically establish that the defendant was negligent or bring about an […]
Most Buffalo personal injury lawsuits revolve around the issue of whether the defendant caused an injury due to his or her negligence. In a legal sense, to find someone negligent requires that they be found to have failed to use the same standard of care that an ordinary person would be expected to use under […]
The parties to Buffalo personal injury lawsuits are encouraged under New York State law to engage in open and fair exchange of information. When a party fails to turn over documentation, it is largely at the discretion of the court to determine what, if anything, constitutes an appropriate sanction. Generally, when a party fails to […]
If every Buffalo personal injury trial required that all possible issues in the case be disputed, the courts would become bogged down with lengthy trials in which irrelevant points were being contested. As a result, our trial system has developed in such a way that most trials will only involve a few contested points. Generally, […]
One of the more difficult areas in Buffalo personal injury lawsuits is obtaining just compensation for injuries to the same part of the body where the victim had previously received medical treatment. A prior injury or medical condition in the same area – especially one that required ongoing treatment – will frequently result in the […]
When a Buffalo resident is involved in a personal injury accident, his or her medical condition must be put in dispute to proceed with a personal injury lawsuit. Most of us are used to our medical treatment being a confidential matter between the patient and the physician. Once a person’s medical condition is at issue, […]
Buffalo personal injury lawsuits can involve a number of different experts. Generally, when the parties are employing an expert for some specific purpose and the opposing party has requested all information regarding experts, disclosure of that information early enough that the opposing party has time to prepare for that expert’s testimony is encouraged. Failure to […]
Many Buffalo personal injury lawsuits involve motions made to the court by one or both parties regarding various issues in the case. When personal injury attorneys use the term “Memorandum of Law,” they are usually referring to a document prepared by a lawyer that accompanies the written motion to the court. In a Memorandum of […]