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What to do after an accident

Accidents happen every day, at work, school or even while you are just strolling down the sidewalk in Buffalo. Often, they happen because of someone else's negligence. When you suffer an injury because another individual was careless or reckless, like a distracted driver, you should not have to bear the burden of high medical expenses, lost damages and the repairs to your own vehicle. If the other driver had decided it was more important to text while driving, you would not have a broken arm, whiplash and a strained back.

After an accident caused by a driver that was negligent or reckless, many people choose to file a personal injury so that they can recoup the damages they suffered. If you are considering pursing a personal injury claim, then read further for information about the first steps in a claim.

Collect evidence

Once you have received the appropriate medical aid for your injuries, it is time to prepare your case. Gather evidence about the accident. This includes photographs, your resulting medical records and bills, and witness statements. In addition, write down everything you can remember about the accident. Once you have sufficient evidence, it is time to send notice to the person against whom you will be filing the claim.

Providing notice

While there is not specific timeframe within which you must notify the defendant of the claim, it is typically best to take legal action as soon as possible. The longer you delay, the longer it will take to resolve your claim. Once you provide notice to the at-fault party or parties, then you can take your time with the negotiation and settlement process.

Filing a lawsuit

You will have to file your lawsuit within the time limits prescribed by New York's statute of limitation laws. Your attorney will be able to advise you on the best time to file the suit so that you do so within legal time limits. If the settlement process seems to be dragging on and it seems like the other party is purposely delaying it, take it as a sign that it is time to file a lawsuit. However, keep in mind that if you wait too long and try to file outside the state's statute of limitations, the court may throw out your case.

If you have suffered injuries due to a car accident with a negligent driver, you may need to file a lawsuit in order to recover all of your damages and expenses. As soon as you have sufficiently recovered from your injuries, it is time to start the process so that you can get the compensation you deserve.

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  1. Personal Injury

    A client settled their case against a homeowner for $275,000 for a fractured leg with surgery as a result of a fall from a ladder while assisting the homeowner install a second floor ladder.

  2. Wills, Trusts, Estates

    An estate received $57,500 in a wrongful death case involving a defective medical alert device.

  3. Personal Injury

    A client was injured while pulling a hamper with a defective handle which resulted in cervical herniation which then required surgery. The client settled the claim against the hamper owner for $495,000.

  4. Criminal Law

    A man was accused of aggravated animal cruelty for shooting his dog acquitted of all charges.

  5. Criminal Law

    The defense counsel asserted constitutional rights so that no charges were brought against a store owner for tax evasion.

  6. Business, Corporate and Employment Law

    We successfully collected thousands of dollars for a company on a breach of contract issue.

  7. Personal Injury

    A woman received $83,750 for a right knee injury she sustained due to the negligence of a local restaurant and bar.

  8. Criminal Law

    Our counsel successfully suppressed evidence in State Court from an improper search of a residence.

  9. Personal Injury

    A victim of a rear end accident settled with the defendant for $25,000 and then resolved a SUM claim for an additional $200,000 as a result of cervical disc herniations with a recommendation of surgery.

  10. Criminal Law

    A man was acquitted of Driving While Intoxicated and all other charges. The defense showed that the people failed to prove the operation of the motor vehicle.

  11. Criminal Law

    A Niagara Falls resident was accused of murdering a man shot outside his home and with whom he had previous fight and was acquitted on all charges.

  12. Workers’ Compensation and Social Security Disability

    A man received a $2.4 million settlement for pain and suffering, and lost wages due to a work-related accident.

  13. Criminal Law

    A man’s charges for Aggravated Harassment were dismissed when the defense counsel moved to dismiss charges for insufficient paperwork.

  14. Personal Injury

    A man obtained a settlement of $1.8 million when he lost his wife due to the administering of the wrong prescription.

  15. Personal Injury

    A woman received $100,000 for a neck injury she sustained in a motor vehicle accident.

  16. Personal Injury

    A woman was awarded $115,000 for head and neck injuries she sustained in a motor vehicle accident.

  17. Personal Injury

    A woman received a $250,000 settlement from a slip and fall at a rental property where she injured her back.

  18. Personal Injury

    A woman received $62,000 for a neck injury she sustained due to the negligence of a commercial property owner.

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LoTempio P.C. Law Group 181 Franklin Street Buffalo, NY 14202 Phone: 716-427-6683 Fax: 716-855-3437 Buffalo Law Office Map