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Herschel Gelber

Herschel Gelber

Herschel Gelber

Of Counsel

Herschel Gelber joined the Firm in 2023, and is a seasoned trial lawyer who, for more than 40 years, has been dedicated to excellence in the practice of law. He draws on his experience as both a plaintiff’s attorney and former defense attorney to achieve million and multi-million dollar recoveries for his clients. Mr. Gelber began his legal career in New York City as a trial lawyer responsible for defending major corporations, doctors, owners of commercial property and insurance companies in motor vehicle accidents, product liability, professional malpractice and construction site accident litigation. In 1987, he moved to Buffalo and joined the law firm of Gross, Shuman, Brizdle and Gilfillian, P.C. As both an associate and later as a partner, he successfully prosecuted major lawsuits involving construction site accidents, product liability, motor vehicle accidents and wrongful death on behalf of injured victims and their families.

In 1994, Mr. Gelber teamed up with former New York State Supreme Court Justice Frank R. Bayger and founded the law firm of Frank R. Bayger, P.C. As managing shareholder and senior trial lawyer, Mr. Gelber handled the largest cases in the firm, while continuing his successful representation of injured victims and their families. In the latter part of 1998, Frank R. Bayger, P.C. merged with Lipsitz, Green, Fahringer, Roll, Salisbury and Cambria, LLP and Mr. Gelber became a partner in that firm’s personal injury litigation department. In 2000, he formed his own law firm to address the need for skilled trial lawyers to represent injured victims and their families in cases involving motor vehicle, truck and motorcycle accidents, construction site accidents, product liability and wrongful death to ensure each and every client received his personal attention. In 2010, Mr. Gelber took on a full partner, Timothy G. O’Connell, who previously was senior trial counsel at Siegel, Kelleher & Kahn. In recognition, the law firm was renamed Gelber & O’Connell, LLC.

Mr. Gelber graduated from the University of Western Ontario with a Bachelor of Arts degree in Economics. Following his graduation, he attended the University of Windsor’s Special Graduate Business Program, majoring in Corporate Finance. He earned his Juris Doctor from Pace University School of Law in New York.

Mr. Gelber is a former member of the Town of Amherst Traffic Safety Board.

Mr. Gelber has been recognized for his successful representation of clients by being selected for membership in Best Lawyers in America, New York State Super Lawyers, and the Million Dollar Advocates Forum, a select group of attorneys nationwide who have litigated numerous cases resulting in verdicts and settlements of $1 million or more.

Bar Admissions:

  • New York, 1983
  • S. District Court Southern District of New York, 1984
  • S. District Court Eastern District of New York, 1984
  • S. District Court Western District of New York, 1987


  • Pace University School of Law, White Plains, New York
  • University of Windsor Graduate Business, Canada
  • University of Western Ontario, Canada
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Honors and Awards:

  • Best Lawyers in America
    • Personal Injury Litigation (2013-2024)
    • Product Liability Litigation (2013-2024)
  • Upstate New York Super Lawyers (2011-2023)
  • Million Dollar Advocates Forum (1998-present)

Professional Associations and Memberships:

  • American Association for Justice
  • New York State Trial Lawyers Association (NYSTLA)
  • New York State Academy of Trial Lawyers
  • New York State Bar Association
  • WNY Affiliate of NYSTLA (Past Officer)

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