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Personal Injury

Rochester Personal Injury Attorneys

Talented Legal Professionals Ready to Help

After an accident, it can be easy to feel like you don’t have a way to recover your damages if you listen to the opposing insurance company. Do yourself a favor and don’t talk to the other party’s insurance company yet. Instead, dial (585) 245-0255 and connect to the Rochester personal injury lawyers from Horn Wright, LLP about what happened. We would be happy to explain your legal options, which might be much better than what you have been led to believe.

Initial consultations for inquiring clients are FREE.

Count On Us for Honest, Friendly Representation

Our law firm can help you file and manage all sorts of personal injury cases, such as:

Honestly is an integral part of our policies. We show it by being transparent and upfront with all of our clients. If we don’t think we’re the right fit for your claim, then we will tell you during your consultation, and we might be able to refer you to another law firm we trust. If we are able to work on your case and elevate it, then we will also let you know, so we can get to work on it as soon as possible.

New York Personal Injury Laws

Personal injury law in New York, as in other U.S. states, is a legal framework that allows individuals who have been injured or harmed due to the negligence or wrongful actions of another party to seek compensation for their injuries and losses. Personal injury cases can arise from various situations, such as car accidents, slip and fall accidents, medical malpractice, product liability, and more.

Negligence is the most common legal theory in personal injury cases. To succeed in a personal injury claim, the plaintiff (injured party) must prove that the defendant (the party being sued) was negligent.

To establish negligence, the plaintiff must prove the following elements:

  • Duty of Care: The defendant owed the plaintiff a legal duty of care.

  • Breach of Duty: The defendant breached that duty through their actions or omissions.

  • Causation: The defendant's breach of duty directly caused the plaintiff's injuries.

  • Damages: The plaintiff suffered actual damages, such as medical expenses, lost wages, or pain and suffering, as a result of the defendant's actions.

Remember, New York follows a comparative negligence system. This means that if the plaintiff is found partially responsible for the accident or injury, their compensation may be reduced in proportion to their degree of fault. However, if the plaintiff is deemed 51% or more at fault, they are barred from recovering damages.

But when it comes to car accidents, New York has a no-fault insurance system. This system requires individuals involved in motor vehicle accidents to first seek compensation from their own insurance company, regardless of who was at fault. However, there are exceptions, and serious injuries can still lead to personal injury claims against the at-fault party.

Many personal injury cases are resolved through settlements, where the parties agree on a compensation amount without going to court. However, if a fair settlement cannot be reached, the case may proceed to litigation and potentially go to trial.

In complex cases, expert witnesses, such as medical professionals or accident reconstruction specialists, may be called upon to provide testimony to support the plaintiff's claims.

Personal Injury Damages You Can Recover

You probably want to file a personal injury claim because you’ve been injured and wronged by someone else. Your claim could be the best way to get justice and a sense of closure. But it’s important to not lose sight of the fact that your claim might also be the only way for you to get financially compensated for the damages you have incurred and suffered due to your injuries.

Our Rochester personal injury attorneys can calculate the damages available in your claim and pursue every single penny. We know how to prove the different types of damages you have endured and how to uncover various insurance policies to file against. For example, after a motor vehicle accident, you might be able to file against the other driver’s auto insurance policy and their homeowners’ insurance policy if the circumstances are correct. Leave those fine details up to us while you rest.

Damages that could be available in your personal injury claim are:

  • Past and future medical bills
  • Past and future lost wages
  • Pain, suffering, and trauma
  • Property repair or replacement costs

What Is The Personal Injury Statute Of Limitations In New York?

In New York, the personal injury statute of limitations is generally three years from the date of the accident or injury. This means that you have three years from the date of the incident to file a personal injury lawsuit in court. It's important to note that this time limit can vary depending on the specific circumstances of your case and the type of claim involved.

There are some exceptions and variations to the statute of limitations in certain situations. For example, if the injury involves medical malpractice, the statute of limitations is generally two years and six months from the date of the alleged malpractice or from the end of continuous treatment provided by the healthcare professional.

It's crucial to be aware of the statute of limitations that applies to your case, as failing to file a lawsuit within the specified time period can result in losing your right to seek compensation. Consulting with our Rochester personal injury attorneys can help you understand the specific time limits relevant to your situation and to take appropriate legal action in a timely manner.

Looking for Evidence Wherever It Is

To secure a victory in your personal injury claim, we won’t rely on luck. Our legal processes involve in-depth investigations into each client’s accident or incident to see what went wrong, why it did, and who should be held liable for it. Evidence can come in many different forms, and we’ll look for it wherever it might be. From police reports and medical records to statements from eyewitnesses, you’ll never know who can help back your claim if you don’t go looking for their help, so we’ll look far and wide.

Let Us Help – Start by Calling Our Firm

Horn Wright, LLP in Rochester wants to help you make the most of your personal injury claim after a serious accident. But we can’t do anything if you don’t let us. Please reach out to us as soon as possible to schedule a free, confidential case evaluation. All we ask for is a bit of your time to see if we can help you pursue the compensation you are owed.

Here are some of the advantages of choosing our law firm:

  • Experience and Expertise: We have a team of experienced personal injury attorneys who specialize in handling a wide range of personal injury cases. Our knowledge of New York's laws and legal procedures allows us to navigate the complex legal system effectively.

  • Legal Resources: Our law firm has the necessary resources and access to experts, investigators, and medical professionals who can strengthen your case. We work with experts to establish liability, prove damages, and ensure that your claim is well-supported.

  • Maximizing Compensation: Our team is committed to helping you obtain the maximum compensation you deserve. We'll assess all potential sources of recovery, including insurance policies and third-party liability, to ensure you are fully compensated for medical expenses, lost wages, pain and suffering, and other damages.

  • Negotiation and Litigation Skills: We have the negotiation skills required to handle settlements with insurance companies, as well as the litigation experience to take your case to court if necessary. This ensures that your interests are protected at all stages of the legal process.

  • Reduced Stress: Dealing with a personal injury claim can be overwhelming, especially when you are recovering from injuries. By entrusting your case to us, you can focus on your recovery while we handle the legal aspects of your claim.

  • Personalized Attention: Our firm provides personalized legal representation. We take the time to understand your unique circumstances, assess the specifics of your case, and tailor our legal strategies to best serve your interests.

  • Contingency Fees: Our Rochester personal injury attorneys work on a contingency fee basis, which means you don't pay any attorney's fees upfront. Our fees are contingent on the successful resolution of your case, making legal representation accessible to everyone, regardless of their financial situation.

  • Thorough Investigation: We will conduct a thorough investigation to gather evidence, interview witnesses, and collect documentation to build a strong case in your favor.

  • Courtroom Experience: In the event that your case goes to trial, our team have the courtroom experience to present a compelling case before a judge and jury.

  • Timely Filing: Our Rochester personal injury lawyers understand the importance of adhering to New York's statute of limitations. Failing to file within the required time frame can result in losing your right to compensation. We ensure your claim is filed in a timely manner.

Dial (585) 245-0255 today to speak with a member of our firm.

What Sets Us Apart From The Rest?

Horn Wright, LLP is here to help you get the results you need with a team you can trust.

  • Client-Focused Approach
    We’re a client-centered, results-oriented firm. When you work with us, you can have confidence we’ll put your best interests at the forefront of your case – it’s that simple.
  • Creative & Innovative Solutions

    No two cases are the same, and neither are their solutions. Our attorneys provide creative points of view to yield exemplary results.

  • Experienced Attorneys

    We have a team of trusted and respected attorneys to ensure your case is matched with the best attorney possible.

  • Driven By Justice

    The core of our legal practice is our commitment to obtaining justice for those who have been wronged and need a powerful voice.