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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 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.


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…)

Why Should I Retain A Small Personal Injury Firm to Handle My Case?

Albany lawyers and staffWhen people find themselves in need of a personal injury attorney, the television ads and billboards of large law firms are often first to come to mind. Perhaps because of their catchy jingles on the radio or the expensive TV advertising campaigns, they’re the firms that people see or hear about first most of the time.

But although big law firms might be top of mind initially, many individuals ultimately choose to hire a small personal injury firms to handle their cases after researching their options.

Wondering who you should partner with to pursue your personal injury case? Here, we’ll review a few of the benefits that make working with a small law firm the ideal option for many. (more…)

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

Person injured in car accident standing next to hospital bed with walker in hospital gownInjuries 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…)

David J. Taffany Selected for Inclusion in 2018 Edition of Best Lawyers in America

Lawyer of the Year - David Taffany - Medical Malpractice Law, PlaintiffsFor decades, Anderson, Moschetti & Taffany has been one of the top personal injury law firms in the Albany NY region.

In April, it was announced that personal injury lawyer David J. Taffany of Anderson, Moschetti and Taffany in Latham, New York has once again been selected for inclusion The Best Lawyers in America©.

David J. Taffany Recognized as a Top Medical Malpractice Attorney in New York

Best Lawyers® is a well established and highly respected peer review guide to the legal profession. It showcases attorneys in a number of different legal practice areas who have been recommended by their peers for inclusion, and is valuable resource for both lawyers and their clients. Mr. Taffany has been recognized by Best Lawyers in America© since 2015. (more…)

What to Do If a Surgical Instrument is Left Inside of You

Surgical instrumentsSaratoga Springs medical malpractice attorney discusses a helpful legal doctrine called Res Ipsa Loquitur

It goes without saying that any surgical operation is a stressful and frightening experience for most people. Whether it is the underlying condition or the fact that the procedure may require general anesthesia, surgery can be an emotional time for the patient and his family. The individual is trusting the surgeon to perform the operation competently and safely.

While accidents do happen, and there are certain known risks in some procedures, some mistakes should not occur. One of these is when foreign objects left inside of a patient. (more…)

If I Was Injured in a Police Chase Car Accident, What Are My Rights?

Close up photograph of a police carAll drivers at one point or another have experienced that jolting blare of a siren from a police car.

It’s common knowledge that we are required to pull off the highway and onto the side of the road to allow police and other emergency vehicles to respond as quickly as possible to an accident, crime scene or fire. In fact, emergency personnel have a statutory right to violate normally applicable traffic laws under New York Vehicle and Traffic Law section 1104.

However, this does not excuse police officers from acting recklessly. Police officers must act in such a manner so as to unreasonably causing a car accident. (more…)

I Was Injured in a Car Accident, But I Wasn’t Wearing My Seatbelt. Can I Still Recover for My Injuries?

Close up image of passenger buckling car seat belt New York’s seatbelt law has been in force since 1974. In fact, New York was one of the first states in the nation to enact such a law.

Seatbelts have saved hundreds of thousands of lives over the years, and few persons would argue with that they have been a tremendous benefit in improving the safety of being a motorist or passenger.

New York State seatbelt law requires the following:

  • All passengers riding in the front seat of a vehicle wear seatbelts
  • All children under the age of 16 must wear seatbelts in the front seat or the back seat of a vehicle
  • All children under age four must ride in safety seats
  • All children must ride in appropriate child restraint systems until their 8th birthday

Unfortunately, despite this law which is intended to keep drivers and passengers safe while they are traveling, many drivers still choose not to wear their seatbelts. (more…)

What is Prior Written Notice? How Does it Affect My Ability to Bring a Case Against a Municipality If I Am Injured?

person signing prior written notice paperworkCar crashes, slip and fall accidents, and other incidents that can result in serious personal injury can happen anywhere at any time. If you are involved in an accident that leaves you seriously injured on municipal property, you may wish to make a claim against that municipality to obtain compensation for pain and suffering and lost wages.

If you plan to do so, you should consult with an experienced personal injury attorney as soon as possible. He can help you to determine whether or not you have a viable claim, and assist you in pursuing it if you do.

It’s especially important to have a reputable personal injury attorney on your side if you’ve been seriously injured on town, village, city, county, or state property because it can be difficult to successfully bring a case against the municipality to recover for your injuries. This is largely due to the rule of law embodied in the phrase “prior written notice.” (more…)