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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:


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

an icon depicting a bag of money on a yellow backgroundIf 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 Should I Expect to Recover?

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. (more…)

I Was Hurt in an Amusement Park Accident: What Are My Rights?

State Fair Amusement ParkDuring the summer, it is very common for families to visit amusement parks, “fun plex” centers, fair grounds and carnivals. Many of the larger regional and national theme parks are located in upstate New York and attract families on vacations or day trips this time of year. Additionally, traveling carnivals come into towns for a few days to a week with games, rides and food.

While most of the time these rides are safe and lots of fun, unfortunately accidents resulting injury do occur. There are many reports of amusement park accidents each year, some resulting in serious personal injury and even death. (more…)

I Slipped and Fell and Was Seriously Injured at My Neighbor’s Pool: What Are My Rights?

Backyard in-ground poolSummer is the perfect time for backyard barbecues and get-togethers, especially at the homes of neighbors with pools. Kids and adults alike enjoy cooling off while enjoying the beautiful weather and the company of friends.

Unfortunately, while neighborhood pool parties are a summer staple for many, they are also the setting for many slip and fall accidents and resultant injuries. The surfaces surrounding pools can be a recipe for disaster.

Although slipping, falling and sustaining injury at a neighbor’s pool may bring embarrassment at first, it can also cause long term pain and suffering and result in significant medical bills and lost wages. As a result, after suffering from a slip and fall injury at a neighbor’s pool, consider consulting with an experienced personal injury lawyer to determine whether or not you may have a personal injury case. (more…)

I Was Injured When My Car Was Struck Because the Other Driver Didn’t Have His Headlights On: What Are My Rights?

line of cars stuck in traffic with their headlights onDrivers of cars and trucks owe a legal duty to other drivers, passengers, and pedestrians to use “reasonable care” when driving that is commensurate with the care used by other drivers under similar circumstances. Failing to do so is negligent and may result in liability for injuries caused by the failure to do so.

Determining whether or not a driver negligently operated his vehicle is normally a factual inquiry to be decided by a jury. The issue is sometimes determined “as a matter of law,” meaning that the conduct was so clear as to be capable of being determined by a judge. The conduct may be assessed under statute (legislature made law), under “common law” (a body of law created through decisions in other cases), or by a combination of both. (more…)

Driving Unlicensed: What Happens When Unlicensed Drivers Cause Car Accidents

a young, unlicensed driver sits behind the steering wheel of a carDriving is a rite of passage, a privilege, and a means of independence. Unfortunately, many drivers, for one reason or another, willfully choose to operate a moving vehicle without a valid license after it suspended or revoked for reckless driving, or for driving while intoxicated. This unnecessarily puts the lives of other drivers sharing the road in danger. As experienced Albany car accident attorneys, we have seen too many Albany car accidents that involved drivers who should not have been on the road because they were not properly licensed. (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.

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Actual Notice: What is It and How Will It Impact My Slip and Fall Case Against a Property Owner?

Yellow and black slippery when wet signWhen it comes to slip and fall accidents and premises liability claims, the legal issue of “notice” is an important factor that can impact the ability to bring a lawsuit for personal injury, as well as the outcome of the case.

Establishing notice involves determining (1) whether or not the owner or person in charge of the property was aware of the defect or unsafe condition that caused the person’s injury and (2) whether or not he had a reasonable opportunity to fix or repair the condition before the injury occurred.

Actual notice and constructive notice are the two key types of notice relating to the ability to maintain a claim if you’re involved in an accident on another’s premises. Here, we’ll discuss actual notice, delving into the details of what it is and how it can impact a case against a property owner or manager after a slip and fall accident occurs. (more…)

What is the Dram Shop Act? How Does it Impact My Personal Injury Case Against a Drunk Driver Who Drank at a Bar Before the Accident?

Beer in a pint glass on a wooden barAccording to the Centers for Disease Control, during 2016 nearly 10,500 people died in traffic accidents involving alcohol-impaired drivers, which accounted for about 28% of all traffic-related deaths in the United States.

Despite thousands of devastating accidents per year and the often fatal consequences, many people still choose to drive under the influence of alcohol.

If you or a loved one has been injured as the result of a drunk driver, you most likely will be entitled to compensation for pain and suffering, lost wages and payment of medical bills not covered by No Fault. In New York State, this compensation could come from the negligent driver who was at fault for the accident, but in some cases it could also come from the bar that served alcohol to the driver, resulting in his intoxication. (more…)

What Happens If I Am Injured In A Motorcycle Accident?

motorcyclist in a black leather jacket driving down the roadMotorcyclists are vulnerable to accident and injury for a number of reasons. The cyclist is less visible given the smaller profile of the bike and rider on the road, particularly in the daytime. Second, they are afforded very little protection if they are in a collision; there is no protective “envelope” of steel around the rider like occupants of cars have. And, as the majority of motorcycle accidents result from collisions with other vehicles, as opposed to single vehicle accidents, the likelihood of serious injury is higher.

In two-thirds of accidents, the cause of the accident is to be the other driver failing to yield the right of way to the motorcyclist. As noted, the primary reason is the other driver’s failure to detect the presence of the motorcycle in traffic and accurately gauge his speed and distance from the driver’s vehicle. Most of these accidents occur when a motor vehicle makes a left turn in front of an oncoming motorcyclist who had the right of way.

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What is “Personal Injury Protection” Insurance Coverage in New York?

doctor looking at an x-ray after a car accidentCar accidents that result in personal injuries can be life changing. Physically and emotionally, treatment, recovery and the impact on one’s life from the effects of a serious injury caused by the negligence of another can be challenging. Having to also deal with bills for medical treatment, lost wages and other expenses can be overwhelming.

If you’ve been involved in a car accident, one of the first questions you may ask is how medical bills will be paid, and how lost wages will be recovered. Will the medical providers have to wait for a lawsuit to brought and resolved? How will I pay bills while I’m out of work and don’t have income?

Fortunately, drivers, passengers, and pedestrians struck by a car registered in New York have some protection under the policy of insurance on the car. The coverage under the policy is known as Personal Injury Protection (PIP), commonly known as No Fault coverage. (more…)