Rochester Personal Injury Attorneys

We’ve Recovered Millions in Compensation for Clients

After an accident, it’s easy to feel overwhelmed, especially if you’ve been injured and need to navigate an unfamiliar process to recover your damages. Fortunately, our award-winning team at Horn Wright, LLP can help.

Comprised of top-rated trial lawyers who leverage decades of experience, cutting-edge technology, and unwavering passion for justice, we help clients make sense of the confusing laws and legal landscape surrounding personal injury claims. From conducting investigations and gathering evidence to dealing with insurers, we provide full-service support to maximize your recovery. 

Our Rochester personal injury lawyers serve victims across Monroe County and beyond. Call (855) 465-4622 or contact us online 24/7 for a FREE consultation.

What Is a Personal Injury Claim?

A personal injury claim is a civil legal filing that seeks to hold a negligent party accountable for the injuries or harm they caused to another individual. These claims are brought by the injured party, known as the plaintiff, against the person or entity responsible for the injury, called the defendant. The goal of a personal injury claim is to secure financial compensation for the plaintiff’s losses, which can include medical expenses, lost wages, pain and suffering, and more.

However, not every injury results in a valid legal claim. For a personal injury claim to be actionable, specific legal elements must be present:

1. Duty of Care: The first element of a personal injury claim is establishing that the defendant owed the plaintiff a legal duty of care. This duty refers to the obligation to act reasonably to avoid causing harm to others. The scope of this duty varies depending on the circumstances:
   1. A driver has a duty to follow traffic laws and operate their vehicle safely.
   2. Property owners must maintain safe premises for visitors.
   3. Manufacturers must design and produce products that are safe for consumer use.
2. Breach of Duty: Once a duty of care is established, the next step is showing that the defendant breached this duty. This breach occurs when the defendant fails to act in a reasonably responsible manner, either through negligence or recklessness. Examples include:
   1. A driver running a red light, leading to a car accident.
   2. A business owner ignoring unsafe conditions like wet floors or faulty railings.
   3. A doctor misdiagnosing a patient, causing further medical complications.
3. Causation: In a personal injury claim, it’s not enough to simply prove that the defendant acted negligently. You must also show that their actions directly caused your injury. This is known as causation—establishing a clear link between the breach of duty and the harm you suffered. For example:
   1. If a driver ran a red light and hit your car, you would need to prove that the accident caused your physical injuries (such as broken bones or a concussion).
   2. In medical malpractice cases, if a doctor's misdiagnosis worsened your condition, you must demonstrate that their failure to diagnose the problem caused additional harm.
4. Damages: To have a valid personal injury claim, you must also demonstrate that you suffered actual damages because of the defendant’s actions. Without quantifiable damages, even if negligence is evident, there may not be grounds for a claim, which is why damages are a critical component of any personal injury lawsuit. These damages can take many forms:
   1. Medical bills for treatment of your injuries.
   2. Lost wages due to time missed from work.
   3. Pain and suffering for the emotional and physical impact of your injuries.
   4. Property damage, such as repairs to your vehicle in a car accident case.

Personal Injury Cases We Handle

At Horn Wright, LLP, we handle a variety of personal injury cases, including but not limited to:

• Motor Vehicle Accidents: We represent individuals injured in car accidents, truck accidents, motorcycle accidents, and pedestrian accidents. Whether the accident was caused by distracted driving, drunk driving, or another form of negligence, we help victims pursue compensation for their injuries and damages.
  • Premises Liability: Property owners have a duty to maintain safe conditions for visitors. We handle slip and fall accidents, negligent security claims, and other property-related accidents against land and business owners. 
• Product Liability: We represent individuals injured by defective or dangerous products, whether due to design flaws, manufacturing defects, or insufficient warnings, and hold manufacturers accountable for the harm caused.
• Catastrophic Injuries: Catastrophic injuries, such as traumatic brain injuries, spinal cord injuries, and amputations, have life-altering consequences. We help victims and families fight for compensation for long-term medical care, rehabilitation, and loss of income.
• Wrongful Death: Losing a loved one due to negligence is devastating. We represent families in wrongful death claims, pursuing compensation for funeral expenses, lost income, and the emotional toll of losing a family member.
• Sexual Abuse: Victims of sexual abuse deserve justice and compensation for the immense trauma they have suffered. We handle cases of abuse in various settings, including schools, workplaces, and residential facilities, holding abusers and institutions accountable.
• Nursing Home Abuse: Elderly individuals are particularly vulnerable to abuse and neglect in nursing homes. We represent victims of physical, emotional, and financial abuse or neglect in these facilities.
• Dog Bites: Dog owners are responsible for ensuring their pets do not harm others. If you’ve been injured by a dog bite, we help hold the owner accountable for your injuries, seeking compensation for medical treatment, lost wages, and pain and suffering.

Do I Have a Valid Personal Injury Claim?

Determining whether you have a valid personal injury claim depends on the circumstances of your injury and the role another party played in causing it. You may have a valid claim if:

1. You or a loved one were injured in an accident or incident, such as a car crash, slip and fall, or medical malpractice. The injury may be physical, emotional, or even financial, and it should have caused you measurable harm, such as medical expenses, lost wages, or pain and suffering.
2. Someone else’s actions or negligence contributed to the injury. In most personal injury cases, you need to show that another person, business, or entity acted carelessly or recklessly, creating dangerous conditions or failing to take reasonable steps to prevent harm. For example, if a driver was distracted and caused a car accident or a property owner failed to fix a hazardous condition, you may have grounds for a claim.
3. Your injury resulted in damages that impacted your life. This could include immediate medical bills, ongoing treatment costs, lost income due to time away from work, and non-economic damages such as pain and suffering or emotional distress. Even if your injuries seem minor, the financial and emotional toll can be significant.

If any of these factors apply to your situation, you may have a valid personal injury claim. It’s important to remember that every case is unique, and having an experienced attorney review the details of your case is critical. AtHorn Wright, LLP, we carefully assess each claim to determine the best course of action. We’ll guide you through the process and help you understand your legal options, whether that involves pursuing a settlement or taking your case to court.

How Long Do I Have to File a Personal Injury Claim in New York?

In New York, the statute of limitations for most personal injury cases is typically three years from the date of the injury. The statute of limitations is the legal deadline by which a lawsuit must be filed. If you do not file your personal injury claim within this three-year window, you may lose your right to seek compensation for your injuries. 

While the general rule is three years, there are certain exceptions that can either shorten or extend this deadline:

• Claims Against Government Entities: If your injury was caused by a government entity (such as a city bus accident or a slip and fall on government property), the filing deadline is much shorter. In New York, you generally have 90 days to file a formal claim with the government and one year and 90 days to file a lawsuit. 
• Medical Malpractice Cases: The statute of limitations for medical malpractice claims is generally two years and six months from the date of the malpractice. However, if the injury wasn’t immediately apparent, the "discovery rule" may extend the filing deadline to one year from the date the injury was discovered.
• Minors or Individuals with Mental Incapacity: For individuals who are minors or are mentally incapacitated at the time of the injury, the statute of limitations may be "tolled" (paused). For minors, the clock doesn’t begin to run until they turn 18, meaning they have until they reach the age of 21 to file a personal injury claim.

Although you technically have up to three years to file most personal injury claims, it is critical to consult with an attorney as soon as possible after an accident or injury. By acting fast, you can improve your ability and that of your attorney’s to preserve evidence, secure timely medical documentation, and construct a strong case. 

At Horn Wright, LLP, we know acting fast after an accident can make all the difference when it comes to the strength of a personal injury case. That’s why we’re available 24/7 to speak with victims about their rights, options, and what we can do to help. 

How Long Will My Personal Injury Case Take in New York?

The timeline for resolving a personal injury case in New York can vary significantly depending on the complexity of the case. Some cases may be settled within months, while others could take years, especially if they go to trial. Factors that affect the timeline include:

• Severity of injuries: More severe injuries require thorough medical evaluation.
• Liability disputes: Cases where fault is contested can take longer to resolve.
• Settlement negotiations: A fair settlement offer may shorten the process, while disputes over compensation may require litigation.

Our team is committed to resolving your case as efficiently as possible while maximizing your compensation.

What Are the Types of Compensation That I Could Recover?

Victims with viable personal injury claims are entitled to financial compensation for their damages, including:

• Medical expenses: Covers past and future medical bills related to the injury.
• Lost wages: Reimbursement for time missed from work due to the injury.
• Pain and suffering: Compensation for the physical and emotional distress you’ve endured.
• Loss of earning capacity: If your injury affects your ability to work in the future.
• Property damage: Repair or replacement of damaged property (such as vehicles).
• Wrongful death: For families who’ve lost a loved one, compensation may include funeral expenses and loss of companionship.

Why Do You Need a Rochester Personal Injury Lawyer?

Navigating a personal injury claim can be overwhelming, especially when you’re trying to recover from an injury. Hiring an experienced Rochester personal injury lawyer from Horn Wright, LLP provides you with several key benefits:

• Legal insight: We understand New York’s personal injury laws, how to deal with insurers, and how to build a strong case.
• Thorough investigation: We’ll gather the necessary evidence to prove fault and calculate your damages.
• Aggressive representation: Insurance companies often try to minimize payouts. We’ll fight to ensure you receive the compensation you deserve.
• Trial-ready approach: While many cases settle out of court, we prepare every case as if it will go to trial to ensure the best outcome.

Call For a FREE Consultation: (855) 465-4622

Horn Wright, LLP is a proven personal injury practice that’s earned the trust of colleagues and clients across New York and the east coast. If you have questions about a potential case, we want to help. Our firm offers FREE consultations and handles cases on contingency, which means you pay nothing unless we recover compensation for you.

Call (855) 465-4622 to speak with a Rochester personal injury attorney about your case.