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Choose The 2’s
Choose The 2’s
If you get hurt because of someone else’s negligence, you may be able to file a personal injury claim. You can recover compensation for your economic damages, such as medical bills, as well as your non-economic damages, such as pain and suffering.
Every personal injury case involves unique facts and circumstances, so there isn’t a single timeline that applies to all of them. However, most will undergo certain stages that are worth understanding.
Read on to learn about the general timeline of a personal injury case and how an experienced attorney can help you.
Most personal injury lawyers offer a free initial consultation. Even if you’re not sure whether you need an attorney for your case, it is likely worth the time to set up a meeting. You won’t be under any obligation to hire the lawyer afterward if you don’t want to.
During your free consultation, you can receive some initial legal advice about what to do next. If you decide to hire a personal injury lawyer, they will likely also go over their contingency fee payment structure. With a contingency fee, you only owe attorney’s fees if your lawyer wins your case – whether with a jury verdict or settlement.
Chris O’Brien is a nationally recognized personal injury attorney with over 30 years of experience fighting for accident victims in Western New York. A founding partner at O’Brien & Ford, he has helped recover millions for clients and built a reputation as a top trial lawyer and educator. Chris is a Diplomate of the National College of Advocacy, a member of the Million Dollar Advocates Forum, and was named one of Western New York’s Top Ten Lawyers by Buffalo Business First. He lives in Amherst with his family and their Bernedoodle, Moose.
Years of experience: 33 years
Practice areas: Personal Injury Law, Car Accidents
Location: Buffalo, New York
Once you’ve hired a lawyer, they will begin an investigation of your accident and injuries. They will gather evidence in your favor, interview any eyewitnesses, review the police report, calculate your damages, bring in expert assistance as needed, and more.
Most cases start off as insurance claims. When your lawyer has an understanding of liability and how much your case is worth, they will send a demand letter to the insurance company on your behalf detailing how much money you are looking to get.
It’s unlikely that the insurance company will accept the amount offered in the demand letter. These businesses are out to make a profit, not put money into your pocket. They will also put to use various tactics designed to lower the value of your claim.
In response to your demand letter, the insurance company will most likely either deny the claim or make a counteroffer that is far too low. This will kick-start negotiations between your attorney and the insurer.
Settlement negotiations can take time, especially if the insurance company refuses to negotiate in good faith. However, statistically speaking, most cases will conclude at this point with a settlement agreement. Signing an agreement will prevent you from taking further legal action on your claim, so it’s important to get it right.
If you aren’t offered a fair settlement or if another relevant circumstance is present (such as if liability is in dispute), your lawyer may take your case to court and file a lawsuit. In New York State, the statute of limitations for most personal injury cases is three years. That means you’ll need to file a lawsuit or finalize your insurance claim by that point.
Filing a lawsuit shows the defendant that you are serious about your case. Lawsuits take time and effort, especially if they make it all the way to trial. Keep in mind, however, that settlement negotiations can still take place throughout this process.
The Discovery Process
One reason why it may benefit you to file a lawsuit in some cases is that your lawyer will utilize pretrial discovery to get information from the opposing party. For example, through “Requests for Production,” your legal team can ask for documents and other items that could make your case stronger.
Discovery alone could lead to a higher settlement offer if critical evidence is revealed. The process also lets your lawyer know exactly how strong your case is. They can then help you make an informed decision on whether you should continue through the litigation process to trial.
Trial is the last stage for almost every personal injury case – and remember, most don’t make it this far. At trial, your lawyer will present your case, and the defendant’s lawyer will present theirs. From there, the jury will decide whether they are liable for your damages and how much to award, if so.
Trials can be unpredictable because you can never know for certain how the jury will decide the case. However, there are some situations where taking a case to trial is the only way to get maximum compensation for your injuries.
Note that trials take substantial resources. If your lawyer has a good track record in court, the insurance company or other at-fault party may take notice. They may raise their settlement offer in order to avoid going to trial (or court at all in the first place).
Just as each personal injury case has a unique timeline, each is worth a unique amount. Cases that involve the most serious injuries tend to be worth the most, but that’s not always true.
Various factors can influence the evaluation process, including:
A knowledgeable attorney might also raise the value of your claim. For instance, they might hire a forensic economist to attest to the extent of your financial expenses. They might also better leverage your case during the settlement negotiation stage, such as by more thoroughly collecting evidence.
Buffalo Personal Injury Lawyer. Choose the 2’s.
With over 80 years of combined experience, the Buffalo personal injury lawyers at O’Brien & Ford, PC are here to fight for the justice you deserve. Call us today at (716) 222-2222 to schedule your free consultation with one of our top-rated attorneys.
If you have any questions about how to get compensation after an accident, the best place to turn is a trusted Buffalo personal injury lawyer. During your initial consultation, you can get some legal advice at no cost to you. Reach out to O’Brien & Ford Buffalo Car Accident and Personal Injury Lawyers today at (716) 222-2222 to learn about your rights and options.
Chris and his staff are top notch professionals that you definitely want in your corner if you are injured and in need of an attorney . 10 years later and I’m still thankful daily that I contacted Chris for his representation. Keep fighting the good fight.
John Ford is the definition of professional, knowledgeable, and compassion. His instincts and attention to detail are second to none. He treats you like a family friend not just a client. I would recommend O’Brien & Ford to anyone who wants results.
Chris Pannozzo handled 2 consecutive cases of mine. He is very knowledgeable and thorough . Chris will not rush to settle a case. He makes sure everything is taken care of correctly, so you obtain the largest settlement.Chris is very down to earth and personable. Chris met with me near my home to sign paperwork and offered to come to my home. He responded to my text message on the weekend. This amazed me. I’ve had lawyers that don’t respond to messages on a weekd...
One of the best decisions I made was choosing O’Brien & Ford to represent me. A person can do no better than to have Chris and Anant and their wonderful staff working with you. From the moment we first talked with Chris at our home, my wife and I knew we needed to look no further for representation. At no point during the process of our case did this excellent firm disappoint nor steer us wrong. We trusted their opinions, guidance and ethics at all times throughout all...
Chris is a tireless advocate for his clients. He always goes above and beyond to ensure the best possible result.
Back in 2017 I was involved a major car accident that left me with back injuries. Afterwards, I went to a couple big name attorneys and they all denied my case for reasons unknown. This left me feeling down and out with amd in an unfortunate situation, but that was until I called O’Brian & Ford. My case was picked up and accepted by the wonderful, Mr. John Ford, and my lawsuit began. He fought for me for almost 3 years without giving up and my case was FINALLY sett...
Attorney Anant Kishore really pulled through for me after I endured a serious neck injury after being t-boned by a drunk driver. After such a traumatic event, Anant and his team compassionately guided me through the legal hoops I needed to jump through to get a very favorable settlement to help pay for my medical bills. I am not from the Buffalo area but was recommended this firm unanimously by my friends snd family in the area. I truly don’t know where I’d be today if i...
Chris O’Brien is a nationally recognized personal injury attorney with over 30 years of experience fighting for accident victims in Western New York. A founding partner at O’Brien & Ford, he has helped recover millions for clients and built a reputation as a top trial lawyer and educator. Chris is a Diplomate of the National College of Advocacy, a member of the Million Dollar Advocates Forum, and was named one of Western New York’s Top Ten Lawyers by Buffalo Business First. He lives in Amherst with his family and their Bernedoodle, Moose.
Years of experience: 33 years
Practice areas: Personal Injury Law, Car Accidents
Location: Buffalo, New York
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Attorney Chris O’Brien, who has more than 33 years of legal experience as a personal injury attorney.
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