Posted on 02/19/26
If you have been in a car accident, you should hire a skilled Buffalo auto accident attorney, collect evidence, file and serve the appropriate paperwork, and follow formal litigation procedures. While this process can seem overwhelming when you are still trying to recover from your injuries, Towey Law, PLLC guides you through the process step-by-step.
Begin by Hiring a Lawyer
Hiring a lawyer soon after your accident is important for several reasons. Not only can they guide you through the legal process, but they also understand the potential obstacles you may face and know how to communicate and negotiate without hurting your claim. Their extensive knowledge of the law allows them to adjust to the nuances of your case so you can get favorable results.
A drunk driving accident lawyer in Buffalo can help you when you file your initial no-fault insurance claim and when you file a lawsuit. While insurance companies and opposing parties look out for themselves, your lawyer will protect your rights and interests.
Collect Evidence to Support Your Lawsuit
To have a strong case against the other driver during your lawsuit, you will need to gather evidence to support your claim and demonstrate that you were injured because of another driver’s negligence. This can include police reports, medical records, vehicle damage repair estimates, photos and videos, statements from witnesses or experts, surveillance footage, pay stubs, and more. This is an important step in filing a lawsuit because it can improve your ability to get the compensation you need.
File Your Lawsuit With the Court and Serve the Defendant With Papers
Once you and your lawyer have prepared your case and filed the appropriate paperwork, you will need to file your lawsuit with the court. If the damages you sustained are on the lower end, you will likely file your claim with the Buffalo City Court that handles small claims cases. If you have sustained extensive damage, then your case may be filed with the Erie County Supreme Court instead. After you have submitted your lawsuit petition to the court, papers must be served to the defendant(s) in the case. This can be done in person or by mail
Navigating the Settlement or Trial Process
After the lawsuit has been initiated, both parties work to gather and submit evidence in the case. This is known as the discovery phase, and the attorneys for the plaintiff and defense can each review the opposing party’s evidence. Depositions are also conducted during this phase of the legal process. The plaintiff, defendant, and any witnesses or experts can be deposed in preparation for the case. Depending on evidence and other factors in your case up to this point, a lawyer can help you decide whether you should settle or go to trial after a car accident. Attorneys will negotiate with each other on their clients’ behalf to try to reach an agreement. If one is reached, the case can be settled without having to go to court. If negotiations are unsuccessful, then a car accident lawsuit can proceed to trial, where a judge will hear both parties’ arguments and issue a judgment to resolve the case.
Initiate Your Car Accident Lawsuit Today
An injury lawsuit in Buffalo, NY, can help you recover greater compensation beyond what your no-fault insurance may provide. The team at Towey Law, PLLC, can help you understand what to expect throughout the legal process and get the support you need. Talk to us about filing a lawsuit today.