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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:

What You Need To Know About Social Media and The Discovery Process in Your Personal Injury Lawsuit

Person using smart phone to access social mediaPersonal injury cases come in many forms. From car accidents and construction accidents to slip and fall accidents and medical negligence cases, the underlying causes for bringing a personal injury case vary greatly. But though the types of such cases differ, the process for litigating personal injury cases has remained relatively consistent for the past few decades.

One of the most important stages of the litigation process in a personal injury lawsuit is known as “discovery.” The discovery process happens relatively early in the litigation of the case and provides each party to a lawsuit with the opportunity to collect and exchange information relevant to the claim being disputed. The underlying concept is to promote fairness—each party exchanges information they possess, which is relevant to the issues, so that each knows what the other knows about the facts and circumstances surrounding the incident; so that the claim can be resolved fairly. (more…)

I Was In an Albany Car Accident and the Stop Sign Was Hidden By Overgrowth

A stop sign slightly obstructed by an overgrown tree

Some Albany car accidents are caused by road defects. A hidden stop sign is an example of one such hazard which could cause an accident.

The sign may be hidden by plants or obscured by some other object as a result of which the driver of a car is not able to see the stop sign in time to stop.

If you or a loved one has been seriously injured in an accident that was caused, in whole or in part, but a road defect or an obscured stop sign, you are likely wondering who is liable for the accident and where you should turn to pursue compensation.  (more…)

I Was Hit By A Drunk Driver. Can The Bar That Served The Alcohol Be Held Responsible?

alcoholic beverage and car keys on a table with a black backgroundDrunk driving is a serious offense, one that can cause devastating – and often fatal – car accidents.

If you’ve been seriously injured in an accident involving a drunk driver, you may not know where to turn to pursue compensation. This may be especially true if the driver who caused the accident was uninsured or underinsured.

It is not uncommon for intoxicated drivers to lack sufficient insurance to compensate victims for the serious injuries and damages they caused as a result of driving drunk. In these scenarios, victims often wonder: Can I sue the bar that served the alcohol to the drunk driver who caused my accident?

Here, we’ll delve into the complex answer to that question. (more…)

I Slipped and Fell in a Shopping Mall and Was Injured: What Are My Rights?

Man and woman walking through a shopping mall with shopping bagsSlip and fall accidents in shopping malls and stores are more common than you might think. Wet floors caused by water tracked in from outside, chipped or cracked flooring, wrinkled carpeting, infrastructure leaks causing slippery surfaces – the potential dangers that may cause shoppers to slip and fall are endless.

If you’ve been seriously injured in a slip and fall accident at a shopping mall, you may be able to pursue compensation – but you’ll most likely need help from an experienced personal injury attorney to do so.

Here, we’ll delve into more of the details about what’s involved in pursuing a personal injury claim after a slip and fall accident in a shopping mall. (more…)

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

Judge's book with a gavel on top on a black backgroundIf 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…)

My Child Was Injured in a Car Accident Due to a Defective Car Seat. What Do I Do?

Child being fastened into car seat by motherChild car seat recalls are not uncommon. We hear about them on the news all the time. From faulty buckles that do not latch correctly to seats with weak frames, car seats have been known to have many issues.

Though car seats are among the most important safety devices provided to children to keep them safe – and their use is required for children in all 50 states – their defects have played a role in countless injuries to infants and small children on the roadways.

So what happens if your child is injured in a car accident as the result of a faulty car seat? Are there steps you can take to pursue compensation for your child’s injuries, caused in part by a car seat malfunctioning?

As experienced car accident attorneys serving the Capital Region of Upstate New York, we are here to answer those questions, and to help you on your way if your child has been injured due to a defective car seat. (more…)

Property Owner Violates an Ordinance Requiring Snow Removal and I Slip and Fall and Am Injured. What Are My Rights?

Shoveling snow out of a crosswalkFor those of us living in Albany and the greater Capital Region, negotiating the hazards that winter brings is no easy feat. Unfortunately sometimes people fall and are injured on accumulated snow or ice.

Snow Removal Ordinances in Upstate New York

In some localities, a local law, usually called an ordinance, places a duty on landowners to keep the sidewalks in front of their home or business clear of snow and ice. For example, the City of Albany has ordinance Section 323-21 which requires the removal of snow from the sidewalk adjoining an owner’s property within twenty-four (24) hours after the snowfall ends.

This does not mean that a landowner is automatically liable for any injury to a person who fell on the sidewalk even if it can be shown that the ordinance was violated; unless, as is the case with some municipal ordinances, the ordinance specifically states that a landowner who fails to comply will be held liable for any injury that results from that failure. Typically, violation of an ordinance establishes some evidence of negligence. (more…)

Snow On Windshield Leads To Car Crash Where I Am Injured. What Are My Rights?

Person clearing snow off of a snow covered windshield

This time of year, the forecast often includes snow and ice in the Northeast. This presents various challenges and inconveniences for drivers – including icy roads and snow-covered vehicles.

Though many drivers are wary of clearing ice and snow off of their cars, it’s important to recognize that snow on your vehicle’s roof, hood, windshield, and/or windows has the potential to cause a serious accident. Even if you are in a hurry, feel you do not have time to clear the snow from your vehicle, or are only traveling a short distance, it is imperative that you clear snow from your vehicle to maximize visibility and make sure you are clearly visible to other drivers.

Completely clearing snow and ice from your vehicle can protect you and others on the roadways from devastating injuries, and even death.  (more…)

Who is Liable If I’m Injured as a Result of Reduced Visibility Due to Snow Banks?

Snowy driving conditions with cars moving slowly on the roadwayWinter here in Albany brings significant snowstorms resulting in high snowbanks.

Whether created by city plows or residential snow shoveling or snow blowing, land owners are responsible for removing snow at the entrance to their property to make the area safe for pedestrians and motorists. The state, counties, towns and villages also share this responsibility for the roadways, public sidewalks and other public areas.

Particularly with city dwellers, the issue of where to put the snow removed from roads and sidewalks becomes problematic as winter wears on.

Typically, the snow is pushed to the sides of the roads, forming snow banks. Sometimes the snow piles are temporary, as municipal trucks haul the snow to rivers or fields or other rural areas. Commercial plow services in malls generally pile snow in the center or on the sides of large parking lots. Unfortunately, these snowbanks become massive given the size of mall lots and mountains of dirty snow remain until Spring. (more…)

What to Do If You Witness A Car Accident

Car accident witness putting out reflector to warn people about accidentWitnessing a car crash can leave you feeling shaken, stressed, and upset. As a result, it’s important to be familiar with what to do if you witness a car accident, so you’re well prepared to take the appropriate actions even if you feel overwhelmed in the moment.

Here, we’ll review what to do if you witness a car accident.

Important Things To Do If You Witness A Car Accident

Many drivers are ill prepared to react appropriately if they see an accident. Keep these things in mind so you’re ready to take action if you happen to witness an accident while out on the road. (more…)