PERSONAL INJURY CLAIMS
Legal Guidance after a Serious Injury
An injury can interrupt your work, create medical and financial uncertainty, and leave you dealing with an unfamiliar insurance or legal process. The Law Office of Christopher A. Johnson PLLC represents injured individuals and families throughout Western New York. We investigate how an incident occurred, evaluate potential responsibility, and document the effect of the injuries on the client’s life. Our role is to provide clear advice and purposeful representation while helping you understand the available claims, the evidence needed, and the decisions that may arise along the way.
Motor Vehicle Accidents
We represent clients in claims arising from automobile collisions, motorcycle accidents, commercial vehicle incidents, and related roadway injuries. These matters may involve disputed fault, multiple insurance policies, questions about vehicle ownership or employment, and differing requirements for available benefits and damages. We review accident information, witness accounts, photographs, medical records, and other relevant evidence. New York motor vehicle claims also require attention to no-fault benefits and the legal requirements governing additional recovery. The rules should be evaluated for the particular accident rather than assumed to operate identically in every case.
Premises Liability
An injury on someone else’s property does not automatically establish liability. The claim may depend on the condition involved, who controlled the premises, how the condition developed, and whether the responsible party created it or had legally sufficient notice. We evaluate injuries involving falls, unsafe stairs, defective walking surfaces, and other hazardous property conditions. Useful evidence may include photographs, surveillance footage, maintenance records, inspection information, and witness accounts. Early investigation can be particularly important when the condition may be repaired or relevant recordings may no longer be retained.
Construction Injuries
A construction injury may raise issues beyond an ordinary negligence claim. We evaluate potential claims involving owners, contractors, subcontractors, and other responsible parties, including the application of New York Labor Law protections where appropriate. The circumstances of the work, the equipment involved, the safety measures provided, and the parties’ responsibilities require careful review. Workers’ compensation benefits and a potential third-party injury claim are separate matters that may need coordination. We assess those connections as part of evaluating the available civil claims.
Catastrophic Injury and Wrongful Death
Severe injuries may require a long-term assessment of medical care, earning capacity, assistance with daily activities, and changes in a person’s independence. When an incident results in death, additional questions arise concerning who may bring the claim, estate-related authority, and the damages permitted by law. Claims arising from injuries suffered before death and claims for the beneficiaries’ losses are legally distinct. We approach these matters with careful preparation and clear communication. The legal evaluation must respect both the seriousness of the loss and the specific limits governing recovery.
Documenting the Consequences of the Injury
A claim should account for more than the first medical bill. Depending on the facts and applicable law, the evaluation may include past and future medical expenses, lost income, diminished earning capacity, pain and suffering, and the effect of the injury on ordinary activities. Serious cases may also require consideration of future care, assistance, equipment, or modifications to the home. We review medical and employment information and consider whether additional professional evaluation is needed. The purpose is to present supported losses, not speculative figures or a promise of recovery that the evidence cannot sustain.
Investigation and Preservation of Evidence
Our initial work focuses on what happened, who may be responsible, what evidence is available, and which deadlines require attention. Relevant material may include incident reports, photographs, recordings, witness information, medical records, employment documentation, and communications with insurers or other involved parties. Where appropriate, we consider inspections and expert assistance. Some evidence can become difficult to obtain with time. Claims involving public entities may also carry early notice requirements that differ from the deadline for commencing a lawsuit. An early legal review helps identify those issues.
Insurance Communications and Case Preparation
Insurance communications should be handled accurately and with an understanding of their purpose. We help clients evaluate requests for statements, records, authorizations, and settlement documents. It is important to distinguish communications with another party’s insurer from obligations owed to your own carrier. Seeking legal advice should not mean ignoring policy requirements or allowing a notice deadline to pass. As the case develops, we assess liability, medical progress, available coverage, and the evidence supporting damages. Settlement discussions and litigation decisions should be informed by those facts.
Settlement, Litigation, and Your Decision
A proposed settlement should be evaluated in relation to the evidence, the risks of continued litigation, and the client’s circumstances. We explain significant offers and the issues affecting them. The assessment includes not only the proposed settlement amount, but also attorney’s fees, litigation expenses, and any applicable liens or reimbursement claims that may affect the amount the client receives. The decision whether to accept a settlement belongs to you. When a matter proceeds through litigation, we prepare for the steps needed to present the claim and keep you informed about significant developments.
Attorney’s Fees and Litigation Expenses
For personal injury matters accepted on a contingency-fee basis, no attorney’s fee is charged unless there is a recovery. Court costs and litigation expenses are separate from attorney’s fees. Before you retain the firm, we explain how those expenses will be handled and whether you could be responsible for them if there is no recovery. The applicable terms are set out in the written retainer agreement.
FREQUENTLY ASKED QUESTIONS
What should I do after an accident?
Obtain appropriate medical attention. When it can be done safely, preserve photographs, witness information, incident reports, and communications relating to the event. Before providing a recorded statement or signing a release, consider obtaining legal advice. Continue to address any required notices and obligations under your own insurance policy.
Can I have a claim if I was partly responsible?
Potentially. The allocation of fault can affect both the availability and amount of recovery, and the applicable rules depend on the type of claim and the circumstances. We evaluate the evidence before drawing conclusions about how responsibility may be assigned.
How long will the case take?
Timing depends on the liability issues, medical evidence, available insurance, negotiations, and any necessary court proceedings. An evolving medical condition can also affect when a settlement can be evaluated responsibly. We consider those factors while addressing the deadlines that apply.
Will I have to testify?
Not every claim proceeds to trial, but your participation may still be needed in providing information, answering questions, or attending a deposition or other proceeding. We explain what is required and help you prepare for the relevant steps.
Can you tell me what my case is worth at the first meeting?
A responsible evaluation generally requires more than an initial account of the accident. Liability, the nature and duration of the injuries, supporting records, available coverage, and other legal issues may all affect the assessment. We explain what information is needed rather than offering an unsupported figure.
Request an initial case review.
Contact our office for a free initial personal injury consultation. The incident date, location, available reports, insurance information, and a general account of your injuries provide a useful starting point. We will discuss whether the matter is one the firm can accept and what further information is needed.