What is considered a personal injury case in New York?

Personal injury cases encompass situations where a person is injured due to another party's negligence. Common cases in Buffalo include car accidents, truck accidents, slip and falls, and workplace injuries.

How long do I have to file a personal injury lawsuit in NY?

Generally, the statute of limitations for personal injury in New York is three years from the date of the injury. However, this timeframe is significantly shorter if the responsible party is a government entity.

What does 'No-Fault' insurance mean for my accident?

In New York, No-Fault (PIP) insurance covers medical expenses and lost wages regardless of who caused the accident. It acts as a financial safety net for immediate recovery costs.

What should I do immediately after a car accident?

Prioritize safety, seek medical attention, call the police, document the scene with photos, and contact an experienced attorney before speaking extensively to insurance companies.

Can I still recover damages if I was partially at fault?

Yes, New York follows a 'pure comparative negligence' rule, meaning you can still recover damages even if you were partially at fault, though your award will be reduced by your percentage of fault.

How long will my personal injury case take to resolve?

Cases vary, but many take at least a year. The timeline depends on the duration of medical treatment and whether the insurance company is willing to settle fairly without a trial.

What kind of compensation can I receive?

You may be entitled to compensation for medical bills, lost wages, pain and suffering, emotional distress, and permanent disability or scarring.

Do I have to go to court for a personal injury claim?

Not necessarily. Many cases are settled through negotiation before a trial begins. However, we prepare every case as if it is going to trial to ensure the best possible settlement.

What is a 'Serious Injury' under NY Insurance Law?

To sue for pain and suffering in a NY auto accident, you must meet the 'serious injury' threshold, which includes fractures, disfigurement, or injuries preventing daily activities for 90 of the first 180 days.

How much does a personal injury lawyer cost in Buffalo?

Most personal injury cases are handled on a contingency fee basis, meaning you pay nothing upfront, and the attorney only receives a percentage if they win your case.

Buffalo Personal Injury Lawyer

Compassionate & Aggressive Representation in Western New York

– Our Personal Injury Legal Services –

Home – Personal Injury

Accidents can cause some of the most overwhelming and uncertain moments anyone can experience. Whether you were injured in a car crash, slip and fall, workplace accident, or due to medical negligence, having an experienced Buffalo personal injury lawyer on your side can make all the difference. These cases often involve serious injuries, mounting expenses, and decisions that can affect your health, finances, and future for years to come.

At the law office of Gary J. Wojtan, Attorney at Law, we have been representing injured clients in Erie County and throughout Western New York for more than 40 years. Our practice is built on proven trial experience, strong negotiation skills, and an unwavering commitment to securing fair compensation for our clients. We take the time to understand your situation in detail and create a legal strategy that prioritizes your recovery, your stability, and your long-term wellbeing.

Page Contents

Practice Areas & Types of Cases Handled
Why Choose Our Personal Injury Office in Cheektowaga
What is a Personal Injury Claim?
Clear Steps to Recovering Your Life After an Injury
Frequently Asked Personal Injury Questions
Personal Injury Resources

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Call us at (716) 681-3355 or fill out the form below. We can call, email or text you!

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New York State Trial Lawyers Association NYSTLA

Trusted Personal Injury in Buffalo

Practice Areas & Types of Cases Handled

Auto & Motor Vehicle Accidents
Collisions, rear-end crashes, drunk driving accidents, hit-and-run incidents, uninsured motorists, catastrophic injuries.
Slip, Trip & Fall / Premises Liability
Unsafe sidewalks, icy parking lots, broken stairs, negligent property maintenance, snow & ice accidents.
Medical Malpractice & Negligence
Misdiagnosis, surgical errors, birth injuries, hospital negligence, failure to treat.
Wrongful Death & Fatal Injury Claims
When a loved one dies due to negligence, we help families recover for funeral expenses, lost income, and emotional damages.
Dog Bites, Assault & Personal Injury
Animal attacks, intentional torts, assault-related injuries, premises violence.
Construction & Workplace Accidents
On-site injuries, scaffolding accidents, falls, equipment negligence, subcontractor liability.

Discuss My Case

Why Choose Our Personal Injury Office in Cheektowaga

Gary J. Wojtan has practiced law in Buffalo for decades, giving him a deep understanding of the local courts, judges, and legal procedures. Unlike larger law firms that may treat you as just another case file, our office provides personalized representation and compassionate support. We also offer full-service legal help, which means if your case overlaps with estate planning, real estate, criminal defense, or anything else, you’ll have one office that can handle it all.

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Over 40+ Years of Legal Experience

Decades of trusted service in Buffalo and WNY, handling even the most complex legal matters.

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Personalized Legal Attention

We provide client-focused strategies with the care and commitment you deserve.

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Full-Service Legal Representation

From family law to estate planning and defense, we’re your one office for all legal needs.

Understanding A Personal injury Claim

What is a Personal Injury Claim?

A personal injury claim is a legal action brought when someone is harmed due to another party’s negligence or wrongful conduct. To win such a case, the injured party (the plaintiff) must prove:

Duty: The defendant owed a legal duty of care
Breach: They violated that duty (e.g. reckless driving, failing to maintain safe premises)
Causation: That breach caused your injuries
Damages: You suffered harm (medical bills, pain & suffering, lost wages)

We pursue full compensation, including medical expenses, lost income, rehabilitation, pain & suffering, and punitive damages where applicable.

Discuss My Case

From Accident to Compensation

Clear Steps to Recovering Your Life After an Injury

We simplify the overwhelming process of a personal injury claim into clear, manageable steps. We start with a Free Consultation to evaluate the case merits. Next, we manage the intensive Investigation and Documentation phase. We then enter aggressive Negotiation with insurance providers, always preparing for Litigation if a just settlement is not reached.

Our office ensures you are informed and confident throughout, while we handle the legal complexities. Trust your personal injury attorney to navigate the path to recovery for you.

Talk to a Personal Injury Lawyer

Frequently Asked Questions

Frequently Asked Questions About Personal Injury in Buffalo

Have questions about your legal situation? Our office is here to help. If you don’t see your question answered here, call us directly at (716) 681-3355 to speak with an attorney today.

How long do I have to file a personal injury claim in Buffalo, NY?

In most cases, you have three years from the date of the injury to file a personal injury lawsuit in New York. However, some claims—such as medical malpractice or government-related cases—may have shorter deadlines. It’s best to contact a Buffalo personal injury lawyer as soon as possible to protect your rights and preserve evidence.

What types of cases does a personal injury lawyer handle in Buffalo?

Our firm represents clients in a wide range of cases, including car accidents, truck accidents, slip and fall injuries, medical malpractice, nursing home neglect, construction accidents, wrongful death, and more. Each case is unique, and we tailor our approach based on the circumstances of your injury and who is at fault.

How much is my Buffalo personal injury case worth?

The value of your case depends on factors like medical bills, lost wages, pain and suffering, and the impact of your injuries on your life. A Buffalo injury attorney can evaluate the evidence, consult experts, and calculate the fair compensation you deserve for both financial and emotional losses.

Do I have to pay upfront to hire a personal injury lawyer?

No. At Gary J. Wojtan, Attorney at Law, we work on a contingency fee basis—meaning you pay no legal fees unless we win your case. This ensures everyone has access to justice, regardless of financial situation.

What should I do right after a car or slip and fall accident in Buffalo, NY?

Get medical help immediately, even if your injuries seem minor. Then, document the scene, take photos, gather witness information, and contact a Buffalo personal injury attorney before speaking to insurance companies. A lawyer can handle communications and protect you from low settlement offers.

How long does it take to settle a personal injury case in Western New York?

The timeline varies. Some cases settle in a few months, while others—especially those involving serious injuries or disputed liability—may take over a year. Our goal is to resolve your claim efficiently while ensuring you receive maximum compensation.

What if the insurance company denies my claim?

Insurance companies often undervalue or deny valid claims. When that happens, we step in to negotiate aggressively or file a lawsuit on your behalf. With decades of trial experience, we know how to push back against insurers to get the results you deserve.

Can I still file a claim if I was partially at fault for the accident?

Yes. New York follows a pure comparative negligence rule, which means you can still recover damages even if you were partly responsible. Your compensation will simply be reduced by your percentage of fault—for example, if you’re 20% at fault, you can still recover 80% of your damages.

How do personal injury settlements work in Buffalo?

Most cases are resolved through negotiation or mediation before trial. Once a settlement is reached, the at-fault party or their insurer pays an agreed amount to cover your damages. We guide you through every step, ensuring all liens, medical bills, and fees are properly handled.

Why should I choose Gary J. Wojtan as my Buffalo personal injury lawyer?

Our firm has more than 40 years of experience representing injured clients across Erie County and Western New York. We combine local insight, negotiation skill, and courtroom experience with genuine compassion and attention to detail. We fight for full compensation—because your recovery and peace of mind matter most.

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Stay informed with helpful guides, legal insights, and resources covering car accidents, slip and fall claims, medical malpractice, workplace injuries, wrongful death cases, and more.

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