1. The Dietrich Law Firm P.C.
Focus Area: Personal Injury Litigation
Practice Areas: Auto Accidents, Truck Accidents, Motorcycle Crashes, Construction Accidents, Workplace Injuries, Medical Malpractice, Nursing Home Negligence, Wrongful Death
Background: Since 1999, the firm has recovered more than $175 million for clients throughout Western New York. Attorney Jed Dietrich has tried over 100 jury trials and holds recognition from organizations including Best Lawyers in America. The firm maintains a record of multi-million dollar verdicts and settlements in catastrophic injury cases.
Location: 101 John James Audubon Pkwy, Buffalo, NY 14228
Contact: (716) 839-3939 | https://www.thedietrichlawfirm.com
Consultation: Free initial case evaluation with contingency fee representation
2. Lipsitz Green Scime Cambria LLP
Focus Area: Personal Injury and Complex Litigation
Practice Areas: Motor Vehicle Accidents, Premises Liability, Product Liability, Toxic Exposure, Asbestos Litigation, Construction Accidents, Brain and Spinal Injuries, Wrongful Death
Background: A large regional firm with roots dating back decades in Western New York. The personal injury practice has achieved tier-one rankings for Personal Injury Litigation from U.S. News. Twenty-three attorneys have earned Super Lawyers recognition. The firm handles cases ranging from individual accident claims to mass tort and class action litigation.
Location: 42 Delaware Ave, Suite 300, Buffalo, NY 14202
Contact: (716) 849-1333 | https://www.lglaw.com
Consultation: Complimentary case review with no fee unless successful
3. Fromen Injury Law
Focus Area: Serious Personal Injury Cases
Practice Areas: Catastrophic Injuries, Traumatic Brain Injuries, Spinal Cord Damage, Auto Accidents, Truck Collisions, Medical Malpractice, Birth Injuries, Premises Liability
Background: The firm has recovered more than $350 million for injured clients over 60 years of combined practice. Notable results include a $43 million settlement that stands as the largest recorded settlement in the 8th Judicial District’s history. The attorneys focus on cases involving permanent and life-altering injuries.
Location: 6500 Main St, Williamsville, NY 14221
Contact: (716) 633-3333 | https://www.fromenlaw.com
Consultation: Free consultation with contingency fee structure
4. Campbell & Associates
Focus Area: Personal Injury Representation
Practice Areas: Car Accidents, Truck Accidents, Motorcycle Injuries, Slip and Fall Cases, Dog Bites, Construction Accidents, Workers Compensation, Wrongful Death
Background: Founder Colin Campbell brings experience as a former judge to the firm’s personal injury practice. The team has secured multiple seven-figure verdicts and settlements for clients in Erie County and surrounding areas. The firm maintains offices in Buffalo, Hamburg, Fredonia, and Jamestown to serve clients throughout Western New York.
Location: 1300 Main St, Buffalo, NY 14209
Contact: (716) 458-6200 | https://www.campbellinjury.com
Consultation: Free case evaluation with no upfront costs
5. Andrews, Bernstein & Maranto, PLLC
Focus Area: Personal Injury Law
Practice Areas: Auto Accidents, Commercial Vehicle Crashes, Pedestrian Injuries, Bicycle Accidents, Construction Site Injuries, Defective Products, Medical Errors, Insurance Claims
Background: Established in 1999, this Buffalo-based firm maintains a team of eight personal injury attorneys available around the clock for client consultations. The firm handles cases from intake through trial, working with medical professionals and accident reconstruction specialists to document the full extent of damages.
Location: 95 Perry St, Suite 402, Buffalo, NY 14203
Contact: (716) 852-2020 | https://www.abminjurylaw.com
Consultation: Available 24/7 with free initial consultation
Personal Injury Laws in New York
Statute of Limitations
New York provides three years from the date of injury to file most personal injury lawsuits under CPLR Section 214. Medical malpractice claims follow a shorter window of two years and six months from the date of malpractice or from the end of continuous treatment by the same provider. Wrongful death actions must be filed within two years of the death. Claims against New York state or local government entities require a notice of claim within 90 days of the incident, followed by a lawsuit within one year and 90 days.
Comparative Negligence Rule
New York applies pure comparative negligence, allowing injured parties to recover damages even when they bear significant fault for the accident. Under this system, a plaintiff found 70 percent at fault may still recover 30 percent of their damages. The jury assigns percentages of responsibility to each party, and the damage award is reduced proportionally. This approach differs from modified comparative negligence states where plaintiffs exceeding a fault threshold are barred from recovery entirely.
Damage Caps
New York does not impose caps on compensatory damages in personal injury cases, including economic and noneconomic damages. Injured parties may recover the full value of their medical expenses, lost wages, future care costs, pain and suffering, and emotional distress without statutory limits. Punitive damages, while available in cases involving gross negligence or intentional misconduct, remain subject to judicial review for reasonableness.
Auto Insurance Requirements
New York operates under a no-fault insurance system requiring Personal Injury Protection coverage of at least $50,000 per person. This coverage pays medical expenses, lost earnings up to $2,000 per month, and other reasonable costs regardless of fault. Liability minimums include $25,000 per person and $50,000 per accident for bodily injury, plus $10,000 for property damage. Uninsured motorist coverage at 25/50 limits is mandatory. As of August 2023, supplemental spousal liability coverage is also required. Injured parties must meet the serious injury threshold defined in Insurance Law Section 5102(d) to pursue claims outside the no-fault system.
Frequently Asked Questions
How does New York’s no-fault system affect my ability to sue after a Buffalo car accident?
Under no-fault, your own insurance covers medical bills and lost wages up to policy limits regardless of who caused the crash. However, to pursue a lawsuit against the at-fault driver for pain and suffering and additional damages, you must demonstrate a “serious injury” as defined by state law. Qualifying injuries include significant disfigurement, bone fractures, permanent limitation of use of a body organ or member, permanent consequential limitation of a body function, and non-permanent injuries preventing performance of substantially all daily activities for 90 of the first 180 days following the accident. Cases involving death automatically qualify.
What notice requirements apply if a City of Buffalo vehicle or employee caused my injury?
Claims against the City of Buffalo or Erie County require filing a notice of claim within 90 days of the incident. The notice must include details about when, where, and how the injury occurred, the nature of the claim, and the damages sought. This deadline is strictly enforced, and failure to comply typically bars the lawsuit. After filing the notice, you generally have one year and 90 days from the date of injury to initiate the actual lawsuit. An attorney can assist with proper formatting and delivery of the notice to the correct municipal office.
Can I recover damages if I was partially responsible for my slip and fall at a Buffalo retail store?
Yes. New York’s pure comparative fault rule allows recovery even when you share responsibility for the accident. If a jury determines that a wet floor without warning signs contributed to your fall but you were 25 percent at fault for distracted walking, you would still receive 75 percent of your total damages. Store owners and property managers have a duty to maintain safe premises and warn of known hazards. Evidence such as surveillance footage, maintenance logs, and witness statements helps establish whether the property owner met this standard.
What types of damages can construction workers seek after a worksite accident in Buffalo?
Injured construction workers may have multiple avenues for compensation. Workers compensation provides benefits regardless of fault, covering medical treatment and partial wage replacement. Additionally, New York Labor Law Sections 240 and 241 impose strict liability on property owners and general contractors for gravity-related injuries like falls from scaffolds or being struck by falling objects. Successful claims under these statutes allow recovery of full economic damages and pain and suffering beyond workers compensation limits. Third-party claims against equipment manufacturers or subcontractors may also apply.
How are traumatic brain injury cases valued in Western New York personal injury claims?
Traumatic brain injuries often result in substantial damage awards due to their long-term impact on cognitive function, earning capacity, and quality of life. Valuation considers current and future medical expenses including rehabilitation, therapy, and specialized care. Lost earning capacity accounts for diminished ability to work at previous levels. Noneconomic damages address personality changes, memory impairment, depression, and loss of enjoyment of life. New York places no cap on these damages, allowing juries to award amounts reflecting the full severity of the injury. Expert testimony from neurologists, neuropsychologists, and life care planners typically supports these calculations.