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Know Your Rights: Personal Injury Attorney Articles

Finding the right personal injury lawyer for you or your family can seem like a daunting task. You want to make sure you choose a lawyer who will be able to get you the compensation you deserve. To help you in this search, we have written a number of articles covering various aspects of personal injury law. Hopefully they provide some insights into how to go about choosing a lawyer, as well as give you an idea of personal injury law in New York state. If you have questions or would like a free consultation, please call is at 785-4900. Some of our most popular articles on general personal injury law topics include:


What is “Governmental Immunity” in New York?

aerial image of highwaysOften, the party that should be held legally responsible for injuries to you or a loved one as the result of a car accident in New York is not in dispute. If the other driver’s vehicle rear-ended you, or crossed over the double yellow line and sideswiped your vehicle, or was a truck with defective equipment such as poorly maintained brakes, the conclusion that the other driver was negligent is clear.

However, sometimes the cause of an accident is a defectively designed roadway, such as where signing required under New York’s design guidelines is absent, or not properly placed so as to provide the warning it was intended to. Or, perhaps a guardrail may have been absent where it was supposed to have been installed, to prevent a vehicle from collision with a hazard near the road, or with another vehicle.

This begs the question: who is held responsible when state officials or employees are at fault for accidents that caused serious personal injuries? (more…)

What Is a “Grave Injury”? Understanding Serious Injuries in New York

doctor examining x-rayA New York employer’s liability for on-the-job injuries is generally limited to payment of workers’ compensation benefits. Under New York law, an employee cannot directly sue his employer, with rare exception.

However, if an employee in New York, whether in Clifton Park, Albany or elsewhere, suffers a “grave injury,” the employer could be held liable to indemnify or contribute to the injured party in the context of a “third party” lawsuit. That is, the injured employee should bring a lawsuit against the third-party who caused his or her injury, and the third-party could bring the employer into the lawsuit, to “contribute” to or share liability for the injury and damages.

However, if no “grave injury” has been suffered, the injured worker can only attempt to recover damages for personal injuries from other people or entities that have a connection to the worksite. Commonly, lawsuits arising from construction accidents are ones in which the employer is brought into the case under the “grave injury” exception.

If you’ve been injured on the job and you are interested in pursuing compensation, the first step is to determine whether or not you have suffered a grave injury. (more…)

Do Not Delete Social Media Accounts During a Pending Personal Injury Case. Here’s Why.

social media hand draw integrated color icons set. sketch infographic illustrationIf you’ve been involved in an accident that left you seriously injured, it may be tempting to post the details of your experience on social media. You may also find yourself posting information and updates about your recovery, or sharing glimpses into your lifestyle following the accident.

While all of this may seem harmless in the moment, the truth is that the information you share on Facebook and other social media platforms is likely to become the subject of what is known as pretrial discovery in your personal injury case; and can be utilized by the defense to challenge aspects of your claim.

How Can My Social Media Posts Impact My Personal Injury Case?

If you decide to pursue a personal injury case seeking compensation for your injuries following the accident, the details you shared on social media websites can be uncovered during the discovery process. Any information or photographs that are discovered could potentially be used by the opposing party to undermine your claims. (more…)

How To Choose a Personal Injury Lawyer When You’ve Been Injured in an Accident

A lawyer and a client shaking hands after the client has found the best personal injury attorney to represent herIf you’ve been injured in a car accident, slip and fall accident, construction site accident, dog bite accident, or any other type of incident involving the negligence of another individual, you may be entitled to compensation. If you feel you may have a personal injury claim on your hands, it is imperative to find an experienced personal injury attorney to represent you.

Personal injury lawyers are versed in the laws and statutes that pertain to these types of cases. They can help you determine whether or not you have a personal injury case and, if you do have a case, they can help you fight for the compensation you deserve following a catastrophic injury. (more…)

Top Reasons to Choose Anderson, Moschetti and Taffany When You’re Looking for a Personal Injury Lawyer in Upstate New York

Attorneys Jeff Anderson, Pete Moschetti and David TaffanyIf you have been injured as the result of another person’s negligence and you are interested in obtaining representation in order to pursue a personal injury case, chances are you will not have trouble finding a personal injury attorney. There are numerous personal injury lawyers and law firms in the Albany area and throughout Upstate New York from which to choose.

However, although you have plentiful options, finding the right personal injury attorney to represent you is not as easy as it seems. You want to be sure you find a lawyer that is experienced, has achieved a high level of success through verdicts and settlements in cases like yours in the past, and is capable of providing the level of personalized attention that you want and deserve. (more…)

Jeffrey K. Anderson Highlighted in 25th Edition of Best Lawyers in America

Jeffrey Kyle AndersonAttorney Jeffrey K. Anderson has once again been selected for recognition by Best Lawyers®. He will be featured in the 25th edition of Best Lawyers in America©, a publication acknowledging excellence in practice among attorneys nationwide.

Anderson Named 2019 Lawyer of the Year for Product Liability Litigation in Albany

Mr. Anderson has been named 2019 ‘Lawyer of the Year’ in the practice area of Product Liability Litigation – Plaintiffs in Albany. Only one lawyer per practice area in each geographic region is honored with this prestigious yearly recognition.

He will also be recognized in the 2019 edition of Best Lawyers in America for his work in the following practice areas:

  • Medical Malpractice Law – Plaintiffs
  • Personal Injury Litigation – Plaintiffs
  • Product Liability Litigation – Plaintiffs

(more…)

What to Look For In An Experienced Personal Injury Attorney

man researching personal injury lawyers on his laptopWhen you’ve been injured in an accident that was caused by someone else’s negligence, contacting a personal injury attorney is imperative. For many people, the time following the occurrence of an accident is a difficult one, filled with medical bills, missed work, and emotional and physical recovery. As a result, it can be challenging to take on the task of finding a personal injury attorney to represent you.

Knowing how to look for a personal injury lawyer and what specific qualifications to look for in a successful personal injury attorney can help make the process of finding a lawyer to represent you after a car accident, slip and fall accident, construction site accident, dog bite accident, or any other type of incident much easier. Working with an experienced attorney can make all the difference when it comes to getting you the compensation you deserve following your involvement in an accident. (more…)

How Are Personal Injury Lawyers Paid?

background with money American hundred dollar billsIf you or someone you love has been injured because of someone else’s negligence and you are considering bringing a personal injury case, contacting a personal injury attorney is the next logical step. An experienced personal injury attorney will represent you to ensure that you are fully and fairly compensated for pain and suffering, lost wages, medical bills and other damages.

An attorney who has earned a reputation for fighting for his clients will do everything necessary to devote the time and resources necessary to thoroughly investigate and develop the case, whether it involves retaining experts, obtaining documents during litigation, or bringing the case to trial to achieve the best result.

What is the Cost of Hiring a Personal Injury Attorney?

Sometimes an individual injured due to someone else’s negligence is hesitant to contact a personal injury lawyer, even after suffering serious injury. The person may believe that he can’t afford good legal representation, thinking that the attorney will charge hundreds of dollars and hour at a time when he is already experiencing financial hardship as a result of disability from work or mounting medical bills. (more…)

What is Comparative Fault in a Personal Injury Lawsuit?

a scale representing the concept of comparative negligenceWhen it comes to personal injury lawsuits, comparative fault, also known as comparative negligence, is an important topic to understand. It is one of the many elements that will be carefully examined in order to determine the value of a personal injury case.

What is Negligence?

Negligence is a term used to describe conduct, whether something someone does, or something someone fails to do, that results in harm to another. The concept of negligence originates in the consideration of socially acceptable behavior. Within society, citizens are expected to treat others in a manner that will allow them to peacefully co-exist—to act in such a way so that at the very least, not harm each other— part of the so called “social contract.” If citizens behave in a way that is negligent, putting others in “harm’s way,” they are to be held legally responsible and must then compensate the injured person for the harm that results from their behavior. (more…)

What to Do If You Are Injured in an Albany Car Accident Involving an Ambulance

Ambulance rounding the corner on a busy street in New YorkThe roads in Albany during rush hour can become quite congested and many roads inherently have blind spots where you cannot see all roads at an intersection. In addition, Albany is fortunate to have many health-care facilities and hospitals which serve as a hub for all emergency traffic in and around the city.

This combination of busy roads, blind spots, and multiple sources of emergency vehicles can lead to serious Albany car accidents involving ambulances and other emergency vehicles.

As experienced Albany car accident attorneys, we have handled many cases resulting in serious personal injuries involving emergency vehicles. These cases include when pedestrians are struck by an ambulance, bicyclists are hit or forced off the road, and where the occupants of cars are either broadsided or rear-ended by an ambulance.

(more…)