Experienced Legal Help For Injured People in Buffalo

New York’s no-fault insurance system is designed to ensure that anyone injured in a car accident receives immediate medical care and lost wage compensation—without needing to prove fault. But while this system provides a safety net, it also creates limits on your ability to sue for damages, especially in less serious cases.

Under New York's no-fault law, your own car insurance will cover up to $50,000 in basic economic losses, including medical expenses and 80% of lost earnings, regardless of who caused the accident. This is called Personal Injury Protection (PIP). These benefits apply to drivers, passengers, pedestrians, and bicyclists injured in motor vehicle accidents throughout Buffalo and the rest of the state.

However, if your injuries are considered "serious" under the law, you can pursue a personal injury lawsuit against the at-fault driver for pain and suffering, future medical costs, and other non-economic damages—none of which are covered under no-fault.

Slip and fall accidents on icy sidewalks are unfortunately common in Buffalo, where winter weather can create dangerous walking conditions. But holding someone legally responsible for your injuries depends on who owns the property, where the fall occurred, and whether they had enough time and notice to fix the hazard.

In Buffalo, sidewalk maintenance is generally the responsibility of the adjacent property owner—not the city itself. That means if you slip on an untreated or poorly maintained sidewalk in front of a home, business, or apartment complex, the owner or tenant may be liable. Under city ordinances, property owners must clear snow and ice “within 24 hours” after a storm ends. If they fail to do so and someone is injured, that delay can be used as proof of negligence.

However, proving liability in these cases requires more than just showing that you fell. You must show that the condition was unreasonably dangerous, that the property owner knew or should have known about it, and that they failed to act. This is where photographic evidence, witness statements, and weather records come into play.

Yes, you can still file a personal injury claim in New York even if you were partially at fault for the accident. New York follows a legal rule called “pure comparative negligence.” This means your compensation is reduced by the percentage of fault assigned to you—but you are not barred from recovering damages unless you are 100% at fault.

For example, if you were 30% at fault in a rear-end collision and your total damages were $100,000, you could still recover $70,000. This rule applies whether your fault was minor (like failing to use a turn signal) or more significant (like partially contributing to the accident by speeding).

This becomes especially important in multi-vehicle accidents, intersection crashes, and other situations where responsibility is shared. Insurance companies often try to inflate your share of the blame to reduce how much they have to pay. In these cases, having a skilled attorney to challenge their version of events is essential.

Locally, Western New York courts—including those in Buffalo, Cheektowaga, and Amherst—carefully weigh police reports, eyewitness accounts, and accident reconstruction when apportioning fault. Even if the insurance company says you're at fault, that doesn’t mean the court will agree. A good attorney can investigate the scene, preserve evidence, and argue for a fair allocation of liability.

Dog bite claims in New York are governed by a mix of strict liability and negligence principles, which can make these cases more nuanced than they appear. Unlike many states, New York does not follow a simple "one bite rule"—but it also doesn’t allow for automatic compensation unless certain legal thresholds are met.

Under New York law, a dog owner can be held strictly liable for medical costs if their dog had known vicious propensities—meaning the owner knew or should have known that the dog might bite, attack, or act aggressively. However, to recover for pain and suffering, lost wages, or long-term harm, the injured person must prove the owner’s negligence, or that they failed to take reasonable precautions.

In practical terms, this means:

If the dog has a history of biting, growling, snapping, or needing to be restrained, the owner may be held strictly liable.

If the dog had never shown aggression, but the owner failed to leash or contain the animal, a negligence claim may be viable.

Buffalo and Erie County have their own leash laws and pet ordinances that strengthen injury claims. For example, City of Buffalo Code § 341-14 requires that dogs be restrained by a leash no longer than 6 feet in public spaces. Violations of this ordinance can serve as strong evidence of negligence.

If you’ve been injured by a driver who fled the scene or lacks insurance, you still have legal options—but the path to compensation looks different and often depends on your own insurance policy. New York requires all auto insurance policies to include uninsured motorist (UM) coverage, which is specifically designed to protect victims in these situations.

In a hit-and-run accident, your own UM coverage can step in to cover medical expenses, lost wages, and even pain and suffering—just as if you were suing the at-fault driver. The key is being able to prove that the accident occurred and that the other driver fled the scene. This usually means calling 911 immediately, filing a police report, and seeking medical care without delay. Time matters: in many cases, you must report the hit-and-run to your insurer within 24 to 48 hours.

If you were a pedestrian or bicyclist injured by an uninsured or hit-and-run driver, you may be eligible for compensation through New York’s Motor Vehicle Accident Indemnification Corporation (MVAIC). This state-run fund exists to help those injured by unidentified or uninsured drivers—but the deadlines are strict. You must file a Notice of Intention with MVAIC within 90 days of the accident. Failure to do so could prevent any recovery at all.

In Buffalo and throughout Erie County, we see hit-and-run incidents most often in parking lots, late-night accidents, and pedestrian crosswalks. Security footage, witness statements, and fast response by law enforcement are critical to supporting these claims.

The timeline to report and pursue a personal injury claim in New York varies depending on who was involved, where it happened, and how the injury occurred—but missing a deadline can mean permanently losing your right to recover damages.

In most standard personal injury cases—such as car accidents, slip and falls, or dog bites—you have three years from the date of the injury to file a lawsuit in New York State. This is the statute of limitations, and it's strictly enforced. Waiting even one day beyond that period can result in your case being dismissed, regardless of how strong your claim is.

However, if your injury involves a government entity—like a city sidewalk, public bus, or municipal building—the timeline is much shorter. You must file a Notice of Claim within 90 days of the incident, and then you only have one year and 90 days from the injury date to formally file a lawsuit. This applies to cases against the City of Buffalo, Erie County, the NFTA, or any state-operated entity.

Medical malpractice claims also have their own timeline: generally 2 years and 6 months from the date of the malpractice—or from the end of continuous treatment for the same issue. For minors, the clock may not start until their 18th birthday, depending on the case.

If your personal injury case can’t be resolved through early settlement and is filed in Erie County Supreme Court, you’re entering a formal litigation process that involves several stages—each requiring precision, patience, and persistence. Erie County Supreme Court, located in downtown Buffalo, is the primary venue for higher-stakes civil claims, including serious personal injury matters.

1. Filing the Lawsuit

The process begins with the filing of a Summons and Complaint, which outlines your allegations and the damages you’re seeking. This is served on the defendant (the person or entity you’re suing), who then has a set period—usually 20–30 days—to respond with an Answer. Once the case is officially joined, the court calendar begins.

2. Discovery Phase

This is the longest and most detailed stage. Both sides exchange information through a process called discovery, which includes:

Document production (medical records, bills, accident reports)

Interrogatories (written questions under oath)

Depositions (oral testimony taken outside of court but recorded for trial)

Independent Medical Exams (IME), often requested by the defense

In Erie County, discovery deadlines are typically monitored by the court through scheduling conferences to ensure both parties stay on track.

3. Preliminary Conferences and Motions

The court may hold a preliminary conference within the first few months to set a litigation schedule. Either side may file motions to resolve specific legal issues or even try to dismiss parts of the case. The judge assigned—usually one of the justices at the Buffalo courthouse—plays a key role in managing the pace and scope of the proceedings.

Yes, you can sue the City of Buffalo—or any municipal or public entity—for injuries resulting from poor maintenance, defective road conditions, or unsafe public property. But the process is far more complicated than a standard personal injury case. These claims are governed by strict procedural rules, shortened deadlines, and heightened burdens of proof that make early legal action critical.

You Must File a Notice of Claim—Fast

In New York State, if you’re injured on property owned or maintained by a public entity—such as a city sidewalk, municipal parking lot, public building, or county road—you must first file a legal document called a Notice of Claim within 90 days of the incident. This is not a lawsuit but a required prerequisite. If you fail to file the Notice of Claim within that time, your right to sue may be permanently lost—even if the injury is serious and the city was clearly at fault.

This applies to:

Sidewalk falls due to uneven pavement or ice

Injuries from potholes on city-maintained streets

Accidents caused by faulty streetlights or missing signage

Falls in city-run facilities or buildings (like Buffalo City Hall or the Erie County Courthouse)

Injuries on public transportation or at NFTA properties

Determining Liability Can Be Complex

Unlike private property cases, establishing liability against a municipality involves proving actual or constructive notice—meaning the city either knew, or should have known, about the dangerous condition and failed to act within a reasonable time. For example, if you slipped on ice in front of a city-owned building, you’d need to show that the city failed to apply salt or remove snow in accordance with its maintenance schedule—or that the ice was present long enough that they should have addressed it.

In many cases, obtaining maintenance logs, 311 complaints, or prior incident reports is essential to prove notice and build a strong claim.