New York State Injury Law

New York State Personal Injury Lawyer

Accidents are a fact of life; they happen every day. By definition, they are unintentional, but they are not always blameless.  Often, these incidents are caused by the negligent or reckless actions or inactions of another individual or organization.

When accidents like this result in injury, victims often find themselves facing bills for medical treatment, property damage, lost wages and long-term physical injuries and emotional difficulties.  The total costs can be overwhelming and threaten their future livelihood. Thankfully, New York state law provides recourse for those injured due to the negligence of others. Compensation can be awarded through a personal injury lawsuit.

Embarking on the legal process is complicated and time consuming. The value of representation by a personal injury attorney is considerable and can make a huge difference in the amount you recover. John Feroleto and the lawyers at Feroleto Law do not engage in a high-volume, fast-turnover, low-settlement practice. We are personal injury lawyers from Buffalo, New York, deeply involved in our community and fight for our clients and neighbors to see that they get full recovery. We will manage your case, leveraging our knowledge and more than 40 years of experience in personal injury law and courts in New York state to positively impact the process  and maximize your settlement.

Feroleto Law was founded on the belief that those individuals and organizations whose careless actions result in harm to others should be held responsible.

Our team of personal injury lawyers is well-versed in New York state law and experienced in handling cases in Buffalo and Western New York and across New York state efficiently and effectively. In fact, for more than 40 years we have been assisting people across the state in managing their personal injury cases and winning.

If you or someone you love has been injured as a result of the careless or reckless actions of another, reach out to us today at 716-854-0700.  We offer all clients a “no-fee guarantee” —  if we don’t win, you don’t owe any legal fee.

Why Engage Our New York State Personal Injury Attorneys?

Professional Representation Can Make a Tangible Difference

The guidance and counsel of an experienced personal injury lawyer can make a very real difference in your life.  Not only will your law team alleviate the pressure of managing the legal process, they also know how to handle cases to maximize compensation.

Choosing the right firm with which to work is an important decision.  You want to make sure that you are engaging experienced and knowledgeable professionals whose approach to service fills your needs. You want the team that gives you access to your attorney when you have a question, a commitment to get full value for you and an attorney who understands your situation. A personal commitment to your case is important — you want to be a priority.

The team at Feroleto Law is well-known throughout New York state and has an outstanding reputation for providing quality, personal service.  Take a moment to learn what we bring to each of our clients.

• Extensive Experience: Led by our firm’s founder, John Feroleto, we have spent more than four decades providing personal injury representation to those in New York state.
• Valuable Knowledge: In addition to the fact that we are well-versed in New York’s personal injury statutes, we are also intimately familiar with the local courts, insurance companies, and attorneys.  We know how all the players operate and we leverage this on behalf of our clients.
• Reputation for Quality Service: At Feroleto Law, the process is as important as the end result. We understand the stress our clients are under, and we are committed to providing committed and responsive service.
• Proven Success: Working with professionals who have successfully managed cases like yours should be a priority. At Feroleto Law, we are proud of the results we have obtained for the individuals and families we represent.
• Deep Resources: In addition to the outstanding in-house attorneys that comprise our team, we also have access to a host of reputable expert witnesses whom we can access to help substantiate our clients’ claims.
• Fee Structure: Our clients are facing considerable financial losses.  As such, we offer them all a no-fee guarantee.  If we do not obtain a recovery in settlement or trial, we don’t get paid a legal fee. This alleviates the stress associated with committing to the payment of legal fees that do not result in compensation.

Our ultimate goal is to reduce pressure on our clients while helping them to maximize their personal injury settlements and recoveries; we are confident in our ability to succeed. Choosing a personal injury attorney in New York is an important decision, but it is one which you can control. Contact us today to learn more about how we can help you with your case.

We Provide Value to Each Individual We Represent

Understand What We Will Do For You

Accidents may impact every aspect of your life. Resulting injuries can be painful, they may disrupt your life and your ability to take care of your family. Necessary medical treatment is often costly, rehabilitation and therapy exhausting, and property damage overwhelming.  Many people need to take time away from their job to recover, while others may never be able to work in the same capacity again. The combination of all of this can be paralyzing; the emotional costs can be astronomical, deep-reaching and affect your family and others close to you.

Embarking on a personal injury lawsuit cannot change the past, but the possible settlement can help you better manage the future.

Successfully proving negligence and your injuries and negotiating (or litigating) your case requires a level of knowledge and experience plus a great deal of time that you likely do not have. Simply getting through the day can be a struggle without the added stressors of a lawsuit. Professionals — including insurance adjusters, doctors and other attorneys — have sought John Feroleto and the professionals at Feroleto Law to prosecute their cases in New York state. Many attorneys from outside the state call on John Feroleto and the attorneys at Feroleto Law to represent their clients in New York courts.

This is where the team at Feroleto Law can help. When you engage us, we take full responsibility for the entire legal process.  You can rely on us to:

• Listen Actively: Gaining an understanding of exactly what happened to you and its impact on your life is integral to building a strong case. Our team will give you the opportunity to tell your story and will then ask questions designed to allow us to better understand every aspect of the accident.
• Thoroughly Investigate: Knowledge is power, and details matter.  We will take the time to review all aspects of your accident, making sure to review all evidence, including photos or videos, filed reports, and medical records. Additionally, we may interview witnesses, including first responders, to make sure we understand the totality of what occurred.
• Manage paperwork: Filing your case correctly and within the deadline, in accordance with the statute of limitations, is critical; mistakes can impact settlements. This process can be complicated and time consuming, but we are experienced and know how to do it right.
• Calculate Damages: While some of the costs of your accident are easily identifiable, others can be more difficult to substantiate. We understand that the impact of your injuries can extend far beyond the date on which you filed your case — sometimes the effects last a lifetime.  We take time to identify all losses and develop cost estimates for necessary future care. You have just one chance to recover damages, so making sure your list is complete is crucial.
• Communicate Effectively: The one thing all personal injury lawsuits have in common is an abundance of communication.  Calls from attorneys and insurance representatives are commonplace.  When you work with Feroleto Law, you simply refer all contact regarding the accident to us. We know what to say and how to manage the process effectively.
• Negotiate a Settlement: Our team of skilled professionals will negotiate a settlement on your behalf. We know how to approach the process and accurately represent and substantiate your losses.
• Represent You: While we are able to settle the majority of our personal injury cases in the negotiation phase, we will never accept a compensation offer that is not in your best interests or without your consent.  If we are unable to reach an appropriate settlement during negotiations we will not hesitate to take your case to court, where we will aggressively represent you.

While we handle everything, from A to Z, you can rest assured that you will never be left in the dark. Your Feroleto Law personal injury attorneys and staff will keep you apprised of the status of your case, communicating clearly, compassionately and regularly, and you can call and talk to us regarding updates and concerns. We are available to answer your questions. Don’t ever hesitate to reach out to speak with us.

Our NY Personal Injury Attorneys Answer Your Frequently Asked Questions

All of Your Concerns Are Valid

Our approach to service is based on the fact that no two cases are alike; the answers to each client’s questions are often specific to their situation. That said, there are a host of more general questions to which answers are applicable to all.  We have shared several of these, and our responses, below.

What incidents would cause an accident and injury that may qualify for a personal injury claim?

At Feroleto Law, our personal injury lawyers have experience negotiating and litigating claims for a broad range of incidents, including, but not limited to truck accidents, semi-trucks, 18-wheeler and other truck crashes, construction-site accidents, car crashes, workplace accidents, premises liability, and cases involving dangerous and defective products.  We rely on our broad base of experience to provide our clients with outstanding service.

How long do I have to file my personal injury case in New York state?

Cases of this type generally must be filed within three years from the date of the injury, however there are many exceptions, and some accident reports and notices must be filed shortly after the accident. Some lawsuits must be brought in slightly more than one year after the injury and in wrongful death cases there is a different deadline for bringing a lawsuit. Missing this filing deadline can keep your case from being heard. This is why you should talk to the NY personal injury attorneys at Feroleto Law as soon as possible.

If the individual responsible for my accident is found to be negligent and I am awarded compensation, will they also go to jail?

Personal injury cases are civil cases. They are designed to determine responsibility, prove negligence, and assign compensation such as money damages (often a personal injury settlement), not to send people to jail.  Criminal cases are used to determine guilt and possible jail sentences. These are two separate processes.

How much can I expect my personal injury settlement to be?

Compensation is dependent upon the facts of each case, so each settlement is unique. Your personal injury attorney in New York can review the facts surrounding your accident and its impact on your life and give you an estimate of what you may be able to receive.

I think I may have been partially at fault for the accident in which I was injured. Am I still eligible for compensation?

You could be.  New York is a  comparative negligence state. This means that any award for damages would be reduced by the percentage of your fault, but you can still recover money damages. Your personal injury attorney can further explain this legal concept to you.

An insurance representative has called and offered me a settlement.  It sounds great! What should I do?

The short answer is nothing.  Do not respond to the offer.  Instead, direct the individual to contact your NY personal injury lawyer. We will review the offer and determine if it is appropriate.  We encourage all clients to refrain from communicating with anyone regarding their accident as they may say something that could damage their case.

We hope the information above helps to clarify some of the basics regarding personal injury cases in New York. Our personal injury attorneys are available to meet with you, at no charge, to answer questions pertaining to your personal situation.

Personal Injury Cases in New York State

Proving Negligence

Negligence is sometimes simple but can be a complicated concept. Basically, it is when an individual or company’s actions are not in accordance with those of a reasonable and sensible person, and injury, illness or damage is the result. While the definition itself seems straightforward, proving it and the resulting damages can be demanding.

Proving negligence first requires the presence of the following four elements:

• Duty of Care: This refers to the relationship between two parties and the responsibility of one to provide the same level of reasonable care that another would provide in a similar circumstance. For example, drivers are expected to abide by local traffic laws.
• Breach of Duty: This describes the action or inaction of a person that is different from what is expected of a reasonable individual in a similar situation. For example, driving above the speed limit and causing a collision.
• Causation: The breach of duty must be the cause of the injury, illness or damage. There must be a correlation.
• Damages: The costs and the harms caused by the accident.

Proving negligence against the responsible party is key in gaining compensation. It is important to recognize that at times more than one party can be held negligent for a single incident.  For example, if a car causes a collision because of excessive speed and malfunctioning brakes, both the driver and the manufacturer may be held liable.

Understanding Damages

While the composition of each personal injury settlement is unique, the law does provide for compensation for specific types of damages:  economic, non-economic and punitive.

Economic damages are those which are quantifiable (though the process may be challenging).  They include, but are not limited to, property damage, medical costs (including emergency care and transport, physician bills, medication, therapy, and rehabilitation), lost wages, long-term care, and loss of earning capacity (for those unable to return to a similar position or work at all).

Non-economic damages are more difficult to quantify because they are less tangible. That said, their costs are very real.  Your New York personal injury lawyer can help you identify your non-economic damages, which may include pain and suffering, disfigurement, emotional distress, and loss of consortium, just to name a few.

Finally, New York does allow punitive damages to be assessed in personal injury cases, but they are not commonly awarded.

In order for them to be considered, you must prove that the defendant acted especially recklessly, with a knowing disregard for your well-being.  Your personal injury lawyer can review your case and let you know if these damages may be applicable in your case.

Wrongful Death

In the most tragic of accidents, life can be lost.  If your loved one was killed due to the negligence of another entity or individual, you may be able to file a wrongful death lawsuit.  The parameters of wrongful death lawsuits vary from personal injury lawsuits.  For example, the statute of limitations for filing a case is typically two years from the date of death, but each case should be looked at individually as soon as possible by an experienced New York State personal injury lawyer.

Damages for wrongful death are not the same as to those in personal injury but may also include funeral costs, reduced inheritance, and loss of parental guidance for children.

Control What You Can: Engage a Seasoned New York Personal Injury Lawyer Today

Feroleto Law Is Well-Positioned to Make a Difference

Accidents are traumatic, and knowing how to address your issues while moving forward can be difficult. The value of a compassionate, knowledgeable, and experienced personal injury attorney is significant. They know what to do and how to do it and can alleviate the stress associated with a lawsuit. Making the right choice in representation is important. How your attorney handles your case can impact your future.

The attorneys at Feroleto Law take the responsibility of representing you seriously.  We take the time to give each case the personal services it deserves.  Our understanding of New York personal injury law, as well as the process and players, contributes to our record of successful outcomes.

Contact Us Today.  We Work Tirelessly for a Better Tomorrow.

Our firm was founded on the belief that those whose negligent actions cause injury to others should be held responsible, and our team of personal injury lawyers is ready to go work for you immediately.  We appreciate the value of time in terms of gathering available evidence and helping to maximize your settlement.  The sooner we begin work on your case, the better.

Reach out to us today at 716-854-0700 to schedule a free consultation during which we will learn more about your accident and its effect on your life and that of your family. During this meeting, you will also see firsthand how we communicate and work with our clients. We are ready to go to work for you immediately.

Attorney John Feroleto

Attorney John Feroleto understands the value of hard work. He is known in the community and by his peers for his willingness to work and go the extra mile. Other lawyers often ask John to handle their trial matters to maximize clients’ recovery. Trial lawyers know who the best trial lawyers are. He was also named Trial Attorney of the Year in 2012 by the Western New York Affiliate of New York State Trial Lawyers Association. [ Attorney Bio ]