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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:

I Fell on My Icy Apartment Sidewalk and Was Injured. What Are My Rights?

Icy sidewalk at an apartment complexProperty owners are responsible to maintain their premises to be in a “reasonably safe condition” so as to not cause harm to persons who come upon the property. This extends to the landlord of rented premises, whether it is a two story residential setting, or an apartment complex.

With respect to the existence of snow or ice on a private sidewalk, the landlord will not be liable if he did not have any duty to control the area, did not have the duty to maintain the area, or if he cannot be shown to have been negligent. But what about the situation where the landlord has contracted with an outside company to perform winter sidewalk and parking lot maintenance, can he escape liability then?

Sorting these issues out requires the expertise of an experienced Albany slip and fall lawyer to evaluate the facts of the accident and its circumstances, and analysis of the facts under New York law. (more…)

What are the Legal Consequences When a Driver Ignores a Yield Sign and an Accident Occurs?

Yield SignMany New York motor vehicle accidents occur when a driver completely ignores a yield sign, or slows down but fails to actually yield to allow the other driver the right-of-way. The basic principle is that a driver approaching the intersection must yield the right-of-way to a vehicle which has already entered the intersection. When a driver causes a motor vehicle accident at an intersection by failing to do so, he faces legal liability for the accident. (more…)

My Child Was Injured In a School Bus Accident. What Do I Do?

School BusAs a parent, there is probably nothing worse than finding out that your child has been seriously injured, especially if he was harmed while under the supervision of someone other than yourself. This article addresses an accident where children spend much of their time– at school, being supervised by bus drivers, teachers and administrators.

Unfortunately, even under the watchful eyes of childcare and educational professionals, accidents resulting in injury can and do happen. (more…)

The Advantages and Disadvantages of Settling Your Personal Injury Lawsuit Before Your Case Goes to Trial

Courtroom GavelOne of the questions asked frequently by our clients is: “Will my personal injury case have to go all the way to trial?” Many individuals are hesitant to appear in the courtroom, but are unsure about whether or not they can obtain fair compensation for their injuries without taking their case all the way to trial.

Every case is different and unique, so there is no definitive one-size-fits-all answer to this question. However, if you are working with an experienced personal injury attorney, there is a good chance you will not have to go to trial to obtain the compensation you deserve. In fact, between 90 and 95% of claims are settled before the case reaches trial.

Here, we will explore some of the advantages and disadvantages of settling your personal injury lawsuit outside of the courtroom. (more…)

What If It’s Snowing Out When I Fall and Am Injured? Am I Still Able to Bring a Lawsuit for My Injuries?

Falling snow during a snow storm in progressDuring the winter months, slip and fall accidents are unfortunately common. From slipping on ice you didn’t notice to falling on slippery walkways that were not properly maintained on commercial properties or slipping and falling on ice while at work, the potential for serious injury due to weather related conditions looms large.

There are many different slip and fall scenarios that can result in serious injury, but many of these scenarios occur while the weather event is ongoing. This leaves many individuals wondering if they can pursue a personal injury case despite being injured while there was a storm in progress. (more…)

Another Driver Gestured for Me To Go And I Was Injured: What Are My Rights?

Driver GesturingWe have all done it and we have all been in a situation where another driver gestured for us to go ahead– signaling it’s safe for us to pull out, to make a turn, or to cross the street. It is something we encounter often. Most of the time, it’s a courteous gesture.

But what if the gesture is followed by an accident because it actually wasn’t safe for the person who followed the signal, and an injury occurs? Should the person who gestures be held liable because the other driver or pedestrian had a right to rely upon his motioning to proceed? Or is the gesturer not legally responsible because the decision to proceed was up to the other person?

These are important questions and the answers may surprise you. (more…)

Collecting Information From Accident Witnesses: What You Need to Know

potential accident witnessesAfter you’ve been involved in an accident, chances are collecting information from individuals who may have witnessed the incident will not be the first thing on your mind. But while obtaining medical treatment should be the very first thing to do, it is important that information be collected from accident witnesses, as the investigating police agency doesn’t always do so.

Why Is Collecting Information from Accident Witnesses So Important?

Though it may not seem especially important at the time of the accident, collecting and documenting information provided by accident witnesses can be the key to success in a personal injury case. For premises liability cases and car accident cases especially, witnesses can make a huge difference when it comes to establishing essential elements to proving your case. (more…)

What is Liability in a Personal Injury Case? Understanding Fault & Negligence Following an Accident

LiabilityAccidents and injuries happen in many different ways. Sometimes an injury you sustain may be your own fault, caused by something that you can only blame yourself for. Other times, an accident or injury may be no one’s fault. When “freak accidents” or unusual natural circumstances cause injuries, this is often the case.

Sometimes though, an individual can be seriously injured in an accident that was caused, in part or in whole, by the carelessness of another individual. When this occurs, it may be appropriate to pursue a personal injury case. (more…)

Jeffrey K. Anderson Highlighted in 23rd Edition of Best Lawyers in America

Jeff AndersonFor decades, Best Lawyers® has been regarded as one of the most credible measures of legal integrity and distinction in the United States. A highly respected guide to the legal profession, Best Lawyers is a resource utilized by the public and those practicing law to identify lawyers who exhibit excellence in their practice.

Each year, Best Lawyers conducts peer-review surveys comprised of millions of confidential evaluations by top attorneys to determine who the best lawyers in the United States are.

Last year, Attorney Jeffrey Anderson was recognized in the 2016 edition of The Best Lawyers in America for his expert work in the fields of Medical Malpractice Law, Personal Injury Litigation and Product Liability Litigation.

In August, it was announced that attorney Jeffrey K. Anderson of Anderson, Moschetti & Taffany in Latham, NY has been selected for inclusion in the 2017 edition of The Best Lawyers in America©. (more…)

What is the “Emergency Doctrine” and How Does It Affect My Rights If I Am Injured in a Car Accident?

Police cars rushing to the scene causing an emergency doctrine situationAlmost all car accidents are unintentional. Most of the time they occur due to driver error, known under the law as “negligence”, or the breach of the duty of care on the part of the other driver that results in an accident, and all too often, injury or even death. The most common examples are someone who crosses over the double-yellow line, runs a stop sign or fails to yield the right-of-way.

Other times an accident occurs due to a sudden, unforeseeable occurrence that may not result in the driver being held legally responsible. In this situation, the issue may involve a principle of law known as the “Emergency Doctrine.” If you have been injured in a car accident caused by a sudden, unforeseen occurrence, it is important that you know your rights in order to determine whether or not you can recover damages for injury. (more…)