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Know Your Rights

If you are looking for some more information regarding your rights after suffering a personal injury, please give us a call at 785-4900. You can also read our articles discussing New York state law and personal injuries resulting from car accidents, slip and fall accidents and premises liability cases. Some of our most read articles include:

Avoiding Accidents with Trains at Railroad Crossings

Railroad crossing sign When thinking about car accidents, what comes to mind for most people are accidents involving two or more cars, or a car and a truck or tractor trailer. While multiple vehicle accidents are the most common type of accident, there are other types of accidents to be aware, including collisions between cars and animals, cars and pedestrians and cars and bicyclists—particularly during the summer months as people take to the streets on their bikes, or go for a walk.

Another type of motor vehicle accident that occurs more frequently than you might think are collisions involving cars and trains at railroad crossings. These accidents often result in serious or catastrophic injury or death – but they are also preventable in many cases. (more…)

New Car Technologies: How They Help and May Also Hinder Driver Safety

Technology in the automotive industry is constantly changing – and changing quickly. It seems dozens of new car technologies are introduced with each new model year, making each generation of vehicles a little more advanced than the last.

While many of these new car technologies are intended to enhance vehicle safety, an argument can be made that these technologies may both help and hinder drivers from being safe. Though they benefit vehicle operators in many ways, helping them to navigate, avoid possible collisions, operate electronics hands-free, and more; in other ways, new technologies may also give a false sense of security and as a result, contribute to the occurrence of accidents. (more…)

If My Car Accident Occurs Far Away From Home, Where Will My Case Be Brought?

Determining the Location of a NY Car Accident Trial

Family vacation travel in NYAs summer is now upon us, more and more New Yorkers are planning their vacations. The children are just about out of school, the days are long and the thoughts turn to the beach. New Yorkers will be flocking to the shore for much needed relaxation and a place to have fun with the kids. In New York, we are privileged to have some of the best vacationing spots in the country, such as the Finger Lakes region, New York City, Montauk and Lake George.

This also means that more and more New Yorkers will be on our state’s highways and unfortunately, that means that drivers face an increased likelihood of being involved in a car accident that results in serious personal injury. While an accident may occur close to home, it may also occur when we are far away from home in another part of the state.

As experienced Albany car accident attorneys, one of the most common questions we address from clients involved in accidents that occurred hundreds of miles from home, but in the state of New York, is: where will my case be brought? (more…)

Following A Car Accident, How Are Future Medical Bills Covered? Am I Able To Sue To Recover Them?

Recovering Future Medical Bills After a Car AccidentWhen you’ve been severely injured in a car accident, the time immediately following that accident can be incredibly stressful and overwhelming. From seeking treatment for your injuries and coping with the emotional effects of a serious accident, to filing claims, corresponding with insurance companies, and handling the financial devastation of missed time at work, you have a lot to handle.

What many do not realize, however, is that months or even years after being seriously injured in an accident, you may still be dealing with the effects of the accident. While life may return to normal in many ways, it may not ever return to what you once considered normal.

One of the major hardships that may impact you long after the accident is payment of medical expenses. If you are in need of ongoing care, or face surgery long after the accident, you will likely have significant future medical bills to contend with. Luckily, in many situations, future medical expenses can be claimed in a personal injury lawsuit. (more…)

What is the “Duty of Reasonable Care” of a Property Owner or Automobile Driver in a Personal Injury Case?

If you are pursuing a personal injury lawsuit after being injured as the result of someone else’s negligence, a term you will likely learn that the legal duty of the property owner (in the case of a “slip and fall”), or the driver (in the case of an automobile accident) is one of “reasonable care.” The duty of reasonable care is a key concept when it comes to personal injury cases. It is the breach or failure on the part of a property owner or automobile driver to exercise “reasonable care” that subjects him to liability to another person for injury and damages. (more…)

How Will Your Medical Bills Be Paid if You are Injured in a Car Accident?

Car AccidentInjuries resulting from car accidents in Troy, Albany or elsewhere in New York will lead to medical expenses. And in situations when the injuries are serious and result in extensive treatment, it’s important to know what sources you can look to for payment of the bills.

Wondering how your medical bills will be paid after a car accident? Here, we’ll explain the details on New York’s insurance laws so you can understand how your medical bills will be covered after you have been injured in an accident.  (more…)

Attorney Jeffrey Anderson to Speak at Advanced Issues in Personal Injury Litigation Course in Albany

Attorney Jeffrey Anderson, managing partner at Anderson, Moschetti & Taffany, PLLC in Albany NY, has been invited to serve as a faculty member at the upcoming National Business Institute Advanced Issues in Personal Injury Litigation course in Albany. This two-day continuing legal education program runs Tuesday, May 24th through Wednesday, May 25th and will take place at the Hilton Garden Inn in Albany. (more…)

What If I’m In a Car Accident and Am Injured, and Partially at Fault? Do I Still Have a Case?

Recently, let’s assume tragedy struck: you were severely injured in a car accident. You feel that the negligence of another driver was the cause of the accident, but you are also concerned that you may have been partially at fault as well.

You are interested in pursuing a personal injury lawsuit in order to seek compensation for the pain and suffering you are dealing with, some of which might be permanent. However, you aren’t sure if you have a case – or even the ability to pursue compensation – because you fear that your own negligence may have been partially to blame for the accident.

What do you do? How do you find out if you have a personal injury case under these circumstances? (more…)

How Much Is My Personal Injury Case Worth? How Does a Personal Injury Attorney Determine How Much My Case is Worth?

If you are considering pursuing a personal injury claim, you may be wondering how much compensation you can expect to receive if you decide to move forward with a lawsuit. It’s a great question, and one that an experienced personal injury attorney familiar with your case is the best person to answer. The value of your case is not something you’ll be able to “calculate” on your own.

How much your case is worth depends on a number of factors specific to your case. While some claims can be easily assessed by looking at a few variables, most involve many issues that are addressed by a knowledgeable attorney who can weigh all of the relevant criteria that a jury might consider in arriving at an award. Part of this analysis involves an appreciation by the attorney that juries are composed of persons who may, collectively, arrive at a decision by weighing the issues in a very different way than either side thought would guide their reasoning. Additionally, the analysis would involve looking at what amount the appellate court would most likely uphold if the verdict is appealed. (more…)

Can I Sue My Spouse for Causing a Car Accident in Which I Am Injured?

Can I Sue My Spouse As the Result of a New York Car Accident if He/She Was Driving?

lawsuit against spouseWe spend a lot of time in the car with our spouse, and sometimes he or she is driving. Thus, the real potential exists to be involved in a New York car accident with our spouse, in which he or she is totally or partially at fault.

As odd as it sounds, and as uncomfortable it is to ask, a common question is: Can you sue your spouse for his or her negligence in causing a car accident? The answer is: sometimes.

Like most states, under New York law the general rule is that you cannot sue your spouse for injuries resulting from a motor vehicle accident. This is explicitly provided for in New York Insurance Law Section 3420(g). However, unlike most states, New York law provides for what is called “supplemental spousal liability insurance.” (more…)