Wednesday, February 22, 2012

Personal Injury
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PERSONAL INJURY CLAIMS in Buffalo involve all sorts of injuries arising out of many different facts and circumstances.  They all must meet three criteria.  First, there must be an injury.  It does not matter how negligent someone is, if there is not injury, there is no claim.  Secondly, there must be fault by another person.  Finally, there must be insurance coverage.  Absence of any of the above factors makes unlikely a significant monetary recovery.

The J. Michael Hayes Firm has represented injured victims in all types of personal injury lawsuits for over 35 years in Buffalo and Western New York.  There are the standard motor vehicle and automobile accidents.  There are truck, simi-tractor trailer and bus accidents.  There are motorcycle and bicylcle and even pedistrian accidents.  They can be straight forward or, if they involve a municipality, the NFTA, or the State, there are specific 90 Notice of Claim requirements that must be satisfied promptly.  Furthermore, there are very short statutes of limitations of one (1) year against Public Authorities, a year and ninety days against a municipality and two years against New York State. The general negligence statute of limitations is three (3) years, however, it is restricted to two and one-half (2 1/2) years in cases involving medical malpractice In some respects, the above is an over simplification as there often are exceptions or restrictions depending upon the specific fact pattern. 

There are the traditional types of personal injury cases we handle in Buffalo including fall downs on icey and/or defective sidewalks and parking lots, dog bites and even wild animal attacks.  The Hayes Firm handles construction, scaffold, ladder and Labor Law  cases in the Buffalo area.  These cases often involve severe injuries, lost wages, long term care and require dealing with Workers Compensation, Medicaid and Medicare repayment claims.  We are a leader in the field relative to these issues.  We do defective products and product liability.  Finally, Medical Malpractice on a very selective basis is a type of claim we will consider.  We have recovered millions of dollars on behalf of our clients over the years, frequently in "confidential" settlements by Order of the Court.  We promise to represent you well.



Malpractice Lawsuit $3.4 Million
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$3.4 Million resolution for young girl who developed a hip infection ultimately resulting in leg shortening with limitations in motion and mobility for the rest of her life. 



$1.1 Million Verdict in Automobile Crash with "Non-Surgical" Disc
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Woman Hurt in Automobile Crash in Buffalo Awarded $1.1 Million
 
 
           A 56 year old woman and her husband were awarded $1.1 million by a State Supreme Court jury for injuries she suffered after her vehicle was rear-ended. A jury ordered GEICO Insurance to pay the Town of Tonawanda woman.  The victim was about to turn onto Woodward Street from Elmwood Avenue in Kenmore when she was rear-ended by a car traveling at a high rate of speed at about 4:30 p.m. causing severe neck injuries, according to her attorney, J. Michael Hayes.  The crash was witnessed by an off duty police officer who happended to be standing across the street.
 
            The injury was a "non-surgical" herniated disc in her neck.  The victim actually continued to work at her job for the next 4½ years even thought she was in constant pain, on medication and getting regular medical treatment.  Eventually, the chronic pain forced her to retire early.  Her husband was awarded $300,000 for his "loss of services" which included that he had to significantly help his wife with her daily tasks of living.


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