Our Buffalo Car Accident Lawyer
Will Fight to Get Compensation You Deserve
If you or a loved one has been injured or someone has died in a car accident due to someone else’s negligence or fault, you may be entitled to compensation for your losses through insurance or a lawsuit. However, New York laws are complicated; making mistakes can be costly; and it is difficult to know what your rights are and how to proceed with navigating the system to get the compensation you are entitled to. That’s why it’s important to turn to a Buffalo car accident lawyer with experience you can trust, and with compassion and understanding you need.
When you consider how heavily we rely on automobiles in Western New York, it is not a surprise that car accidents happen at an alarming rate. Car crashes can result in property damage and serious injuries, leaving you to deal with trying to recover while your bills are mounting and you may not be able to work. Fortunately, there is help available from a Buffalo car accident attorney at Feroleto Law.
We believe that when someone’s carelessness causes you harm, you should not have to pay for your injuries. Our Buffalo car accident lawyer strongly holds this belief and will aggressively fight on your behalf.
Our team has been helping people in Buffalo and in locations across upstate New York get compensation after a car crash for more than 40 years. If you or someone you love has been involved in a car accident in the Buffalo area, you probably have many questions about what to do next.
Our car accident attorney at Feroleto Law is here to answer those questions. Call us today at (716) 854-0700 to schedule a free consultation and determine the best way to proceed.
Let Our Car Accident Attorney Help to Get You Fair Compensation for Your Damages
Our Attorneys May Win Compensation for Both Your Economic and Non-Economic Losses
When you bring a car accident lawsuit against another party, you may be awarded compensation for both your economic and non-economic damages and losses. Those losses relate to a range of possible monetary and emotional costs.
Economic damages cover your losses and expenses that have a specific dollar value, such as:
- Medical and rehabilitation expenses
- Lost wages and future earning capacity
- Repairing or replacing your vehicle and other property damage.
Non-economic damages are not for monetary expenses, but are payments to compensate you for the negative effects of the accident on you and your family, including:
- Physical and emotional pain and suffering
- Loss of consortium and companionship
- Wrongful death, which is like a personal injury case on behalf of a deceased person who can no longer bring it
- Permanent injury or partial disability.
Punitive damages – In some rare cases, New York courts will also award punitive damages. These are for situations where there was extreme negligence, recklessness, or egregious or immoral conduct. The purpose is to punish this behavior and discourage such behavior from happening again.
How Much Can I Get in My Car Accident Case?
There is a wide range of settlement awards you may receive in a successful car accident case, from thousands up to millions of dollars. The amount awarded would depend on the individual situation and the factors involved, such as:
- The severity of the injuries
- Whether injuries will be permanent and require long-term care
- The age and earning potential and family situation of the victims
- The value of the destroyed property
- Whether a death is involved
- The inclination of the judge, jury, and jurisdiction where the case takes place
- The skill of your attorney.
While no one can guarantee a specific amount, our car accident attorneys will consider all factors and determine what would be a reasonable settlement and will negotiate accordingly.
During your free consultation about your car accident, we will give you our opinion on your case’s chances of success.
Using our many years of experience representing auto accident victims, we will assess your situation and build a thorough case on your behalf to get the compensation you are entitled to.
Why Feroleto Law Is Your Best Option for a Buffalo Car Accident Lawyer
At Feroleto Law, our car accident attorney offers extensive courtroom experience, highly professional legal services and an unparalleled commitment to you, our client.
We will investigate to uncover the facts of your car accident, calling on our relationships with accident reconstruction experts, medical specialists, financial experts, and others as needed. Our preparation is always thorough, and that has been central to the success we’ve had for our clients. We also know how important it is to understand the needs of our clients. Perhaps just as important for someone injured in a car accident, the members of the Feroleto Law team are concerned and compassionate and accessible to those we represent.
If you or a loved one has suffered injury in a car, truck or other vehicle accident in the Buffalo area, contact us today at (716) 854-0700. Our car accident attorneys can help you determine if you have a case and make sure that you are fairly compensated for any damages you have incurred.
Car Accident Client Testimonial
Here is what one of our car accident clients said about her experience with our firm:
“I have known John Feroleto for many years and have always referred people to him for personal injury cases. When I was injured in a car accident, I reached out to him for my own personal injury case. He and his firm were very responsive. They worked hard to get me the best result. I highly recommend Feroleto Law for personal injury cases.”
Our Car Accident Attorneys Must Prove Negligence
Proving negligence is an essential part of winning your lawsuit. Our car accident attorneys in Buffalo know how.
In any car accident lawsuit, your attorney must be able to prove that the party you are suing, called the defendant, was negligent and caused the accident and that you suffered damages as a result. Legally, this means proving the following elements:
- Duty — The defendant owed you a duty of care.
- Breach — The defendant breached that duty.
- Cause — The breach caused your injuries.
- Damages — The injuries resulted in actual damages.
All drivers who get behind the wheel have a duty of care to drive in a manner that a reasonably prudent person would in similar circumstances. Examples of breaches of their duty of care while behind the wheel include speeding through a red light or driving drunk, drowsy, or distracted. To prove that your injuries resulted in damages, you would have to document your losses caused by the injuries, and they would have to go beyond the cost of insurance reimbursement.
In addition, there may be multiple parties responsible for the accident, in addition to the other driver. For example, the manufacturer of a defective auto part that failed or a road repair company that left debris on the road may also be at fault for the accident. Our car accident attorneys will research the situation and ensure that every potentially liable party is named in your lawsuit, as they all may have insurance and assets.
When Your Injuries Are Caused by a Negligent Driver, Our Car Accident Lawyers Can Help Prove It
Vehicle crashes are almost always the result of human error. People often make mistakes or are reckless behind the wheel, and when their mistakes or recklessness causes someone else serious injury, they can be held accountable for the harm they’ve caused.
Our attorneys can help prove negligence with the following steps. We will…
- Investigate what happened and gather evidence such as photos or surveillance or traffic camera videos
- Interview eyewitnesses
- Examine police, ambulance, and medical records and reports
- Hire experts to reconstruct the accident, testify as to what happened, and prove the extent of your injuries and what your past and projected future expenses may be, as necessary.
Why Would I Need a Car Accident Lawyer in a No-Fault State?
New York state has a “no-fault” law. It requires insurance companies to pay for certain accident-related expenses, regardless of who was at fault in a car crash. These laws are helpful for insured drivers because they guarantee a certain level of coverage.
Unfortunately, this doesn’t mean that no disputes will arise or that dealing with an insurance company is going to be easy. New York’s no-fault law provides that an insurance company must pay up to $50,000 for accident-related medical expenses, lost earnings and incidental costs caused by the crash. Often, though, in a serious car accident the bills far exceed the no-fault limit. Additionally, when the insurance company’s doctor says that an accident victim has recovered, the insurer can issue denials.
Our Buffalo car accident lawyer knows how to navigate the system to get the full compensation that you deserve. Our team has the experience necessary to take on insurers. We will fight aggressively on your behalf to get you justice.
Insurance companies are concerned with their bottom line and have high-powered lawyers working for them who are known for using aggressive tactics to deny or delay payment. You need an equally competent and aggressive auto accident lawyer to stand up to them on your behalf. Our attorneys are familiar with their tactics and know how to negotiate and combat them to get you a fair settlement.
Our Car Accident Attorney Can Get You More than Just the No-fault Benefits
No-fault benefits do not cover claims for pain and suffering and they apply only to your monetary losses, such as medical expenses and property damage. However, our Buffalo attorneys know that in certain situations you can go beyond no-fault benefits and sue a negligent driver in a personal injury case. These situations include:
- When your medical expenses and other economic losses are more than the $50,000 of benefits under no-fault insurance
- If the person at fault does not have insurance complying with the New York State minimum provisions
- If your injuries are considered to be “serious.” Serious injuries may include:
- Permanent impairment of a body organ or limb
- Substantial limitation of a body function or system
- Substantively full disability for 90 days after the accident
- Bone fracture or broken bones
- When the injury results in death or loss of fetus.
If your vehicle suffered major damage, if serious injuries or fatalities occurred, or if the insurance company fails to pay you benefits in a timely manner, you will need an experienced car accident attorney to represent your interests in court.
Common Questions Asked of Our Buffalo Car Accident Lawyer
Here are some answers to questions we are often asked:
There are times when more than one driver is at fault and contributed to the accident. New York is a “pure comparative negligence” state that considers contributory negligence. This means a judge or jury will compare fault, calculate percentages of fault for each driver, and adjust the damage award accordingly. Insurance claims adjusters also consider contributory negligence when they are evaluating your case. Fortunately, even if you are partially at fault, our car accident attorneys can help you get a settlement. For example, if your case involved a settlement of $100,000, and you are found to be 10 percent at fault, we can help you recover $90,000.
Yes, New York has a strict time limit, called a “statute of limitations,” which is a deadline for filing a legal case. In New York, you generally have three years from the day of the accident to file a lawsuit or the courts are likely to refuse to hear your case, unless some rare exception applies to extend the deadline. Our car accident lawyers can make sure all paperwork and court filings are done in a timely manner.
No. Insurance adjusters will try to get you to settle for as little as possible, so your chances of getting a fair settlement are greater with legal representation than if you attempt to negotiate with the insurance company yourself. They may call and ask for a recorded statement or for you to sign a release in exchange for a payout, but you should not sign or agree to anything without knowing your rights. Tell your adjuster to talk to your car accident lawyer and let us handle everything.
Injuries in car crashes range from mild sprains to serious injuries that cause permanent disability and death. Here are just a few injuries that people suffer in auto accidents:
- Broken bones
- Traumatic brain injuries (TBI)
- Spinal cord injuries
- Internal damage
- Wrongful death.
How Do I Get Help from a Buffalo Car Accident Lawyer at Feroleto Law Firm?
First, don’t delay, so we can start working on your car accident case while evidence is fresh and while witnesses can be found. To schedule your free and confidential consultation, call Feroleto Law at (716) 854-0700 today.
Let us take care of the necessary legal processes while you focus on your recovery. Our car accident attorneys will dedicate themselves to ensuring that you will receive all the compensation you are entitled to under the law. We charge a legal fee only if your car accident case is won or settled out of court.
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 ]