Albany Car Accident Attorney
Many of us use our vehicles day in and day out to get to work, school, and to take care of our daily needs and responsibilities. The truth is that we do not think about the risks we take each time we are a driver or passenger of a vehicle. With increased congestion on roadways and increases in distracted driving, car accidents remain an everyday threat to traveler safety during their commutes.
Car accidents are unpredictable, unplanned, and unexpected. When you are in a car accident and suffer injuries, you may not know the next move to best get you through this challenging time. A car accident injury can turn life as you know it upside down.
From hospital stays to extended medical treatment, rehabilitation missed work, and mounting expenses, you are likely to feel overwhelmed and uncertain about your ability to successfully manage these challenges. Our team of car accident lawyers understands the difficulties you face and how to fight for the help you need after a car accident caused your injuries.
Finkelstein & Partners Fights for the Compensation Their Clients Deserve
Every client that walks through our doors has experienced their own trauma and difficulties related to their car accident injuries. Our goal is to fight for the rights and financial compensation car accident victims such as yourself need.
We have always fought hard for our clients to get the results they need and deserve. Whether you are a passenger, bystander, or driver that another person has injured, we can help you fight for the losses and damages you have suffered. From a $13.5 million settlement for a 16-year-old passenger in a single-vehicle wreck to an $8.9 million settlement for a victim of a rear end automobile collision or a $2.85 million settlement in a drunk driving head on-collision case, our team of attorneys knows to negotiate and manage a wide variety of car accident claims.
Albany Car Accidents Today
Yearly reports by the Traffic Safety Statistical Repository show that in a given year, over 400,000 accidents take place across New York State; over a quarter of those accidents result in personal injuries. The Albany area accounts for almost 10,000 car accidents each year and over 2,000 injuries. Human errors cause over 8,000 crashes a year in the Albany area.
Motor vehicle accidents remain a constant threat to the safety and health of motorists, passengers, and other travelers along the road. Distracted driving, heavy traffic, and driver errors resulting in accidents occur each day. Unfortunately, many of those involved in car accidents will sustain an injury that will impact their life and finances. You do not need to endure this burden alone, and you can fight for the justice and compensation you deserve under the law with the help of a car accident lawyer.
Car Accident Cases We Handle at Finkelstein & Partners
No two car accidents are the same. Accidents happen under a wide range of circumstances and events. Just a short drive on a local road or expressway, and you will witness reckless actions or hazardous situations that can lead to catastrophic collisions at any moment.
Negligent drivers are a common and scary sight on any commute and when an accident occurs due to their actions it can cause irreparable damage and pain to other drivers, passengers, or bystanders that become victims of their carelessness. While there might be factors such as weather or road conditions that contribute to the severity of an accident, the reality is that most motor vehicle accidents are due to human error. A driver’s negligence accounts for the vast majority of car accidents and injuries.
Top negligent car accident causes include:
- Distracted driving
- Driving under the influence
- Excess speed
- Reckless maneuvering
- Failure to obey traffic signals
- Careless driving in dangerous weather conditions
- Falling asleep behind the wheel
Different types of car accidents can include:
- Hit-and-run accident
- Head-on collision
- Multi-car accident
- Rear-end collision
- T-Bone crash
- Rollover accident
- Single vehicle accident
Determination of Fault in a Car Accident Case
Many factors can cause car accidents and injuries. Our legal team understands the intricacies involved in car accident liability cases, and we can help you fight for your rights against those responsible for your injuries.
To determine who is at fault in a car accident claim, you must meet certain requirements under the law. If you meet these factors, you may prove who bears responsibility for your injuries.
Elements of a car accident claim that you must meet:
- There is a duty of care owed to you – When a driver operates a vehicle they do so understanding that they must act responsibly and prudently. This includes following all traffic laws and obeying traffic signals as well as driving safely. This is the duty of care a driver owes to other drivers, passengers, and bystanders along the road.
- There has been a breach of that duty of care – When a driver violates a law, drives recklessly, or otherwise engages in behavior that is dangerous to those around them, they can violate the duty of care expected of them. Most accidents happen because a driver has made an error in judgment resulting in a collision with another vehicle or bystander. In a car accident claim, an accident victim must prove that the party responsible for the accident breached the duty of care owed to them.
- You have sustained an injury – The purpose of a car accident claim is to compensate an accident victim for the losses they have suffered because of an injury in an accident. You must show you have been injured in some way, whether it be a physical or emotional injury, and this injury has caused you a loss.
- Your injury was caused by the negligence of the party – The final step necessary to proceed with a car accident claim is to show that the actions of the responsible party caused your injury. You must link the injury you suffered to the car accident and the actions of the party responsible for the accident.
Our Albany Car Accident Lawyers Answer Your Frequently Asked Questions
Car accidents are common along the roadways of Albany and surrounding areas. Like most of us in the Albany community, you probably face uncertainties and questions about the risks of accidents in the area, and how you can best protect your legal rights.
Below, you can learn more about some of the most frequently asked questions concerning car accidents within Albany, and what steps you can take after an accident to protect yourself and prepare to seek the compensation you could be entitled to against the parties responsible.
If you or a loved one were injured in an accident, a car accident attorney can discuss your case and options to recover compensation for the losses and damages you suffered.
What are the most dangerous roadways in Albany and the surrounding areas?
On average, over 400,000 car accidents occur in New York each year, and approximately 9,000 of those accidents occur within Albany County. As the capital of New York and the third most populous metropolitan area in the state, Albany is a heavily commuted area, which can result in an increased risk of accidents on the roadways.
Beautiful scenic drives surround Albany, but nearby mountainous terrains can make everyday commutes treacherous ventures.
Major roadways within and near Albany with an increased risk of car accidents include:
- Interstate 87
- Interstate 88
- Interstate 787
- Interstate 90—NYS Thruway
What is a “minor” car accident?
When it comes to car accidents, what is considered “minor” can be a matter of perspective. Car accidents can be quite common along the streets and highways in Albany, but not all car accidents will result in severe devastation. However, the term “minor” in relation to a motor vehicle accident is often misleading.
A minor car accident often refers to the extent of property damage that results from a motor vehicle collision. One common example of a minor car accident is a fender bender. These types of rear-end collisions happen on commutes every day and can entail relatively little damage to vehicles. However, car accidents are not limited to the property damage sustained, and even a minor car accident can result in unexpected injuries and long-term effects on the victims involved.
Oftentimes, car accident victims injured in a minor car accident can hesitate to pursue recovery of their losses because they may feel the accident is not serious enough. This is a dangerous misconception and can leave many accident victims to carry the unnecessary burden of expenses and consequences of an accident injury that is not their fault.
The reality is that any accident victim injured in a car accident could seek monetary compensation for the injuries and damages they have sustained. Do not overlook your legal rights and interests in a car accident case over the notion that the accident you were in is not serious enough. The best way to understand your rights and legal options is to consult a car accident lawyer who can evaluate the circumstances in your case and advise you as to the most appropriate avenue for solutions for you.
What injuries are the most common in a car accident?
Similar accidents will not always result in similar injuries. Many factors come into play during a car accident that can influence the severity and type of injuries that result. Any small adjustment or difference to any of these factors in an accident can mean the difference between little to no lasting injuries or a lifetime of pain and difficulties from an injury.
Factors that can affect the injuries in an accident include:
- The speed at which the vehicles were traveling
- The type of vehicles involved
- The area of the vehicle primarily impacted
- The overall health of the driver or passengers of the vehicle
- The use of safety restraints
- The deployment of airbags
- The position of the vehicle occupants
Car accident injuries are unpredictable, and each experience of a car accident victim is unique. Car accidents involve a great deal of force and momentum behind heavy machinery that can have tragic consequences for those involved.
When you are in a car crash, you have little to no control of your body once an impact has occurred. This leaves car accident victims exposed to the force and impact from another vehicle and nearby structures, debris, the internal design of their vehicle, and other passengers. As a result, victims of car accidents commonly sustain certain injuries, although the severity of these injuries can vary greatly.
6 Common motor vehicle accident injuries include:
- Traumatic brain injuries or another injury to the head or brain
- Neck, back, or spinal cord damage including whiplash or herniated discs
- Broken bones or fractures
- Injuries to ligaments, tendons, or other joint structures
- Internal injuries to organs
- Lacerations, bruises, and/or burns
How can a car accident injury affect your life?
Car accident victims, especially those in major accidents, may not realize the invasive and burdensome impacts an injury can have on their overall life and wellbeing. While many injuries resolve over time and with proper medical care, other car accident injuries can turn into chronic conditions that may never heal; this can mean a lifetime of challenges for the victim and their families.
Injuries from a car accident cannot only affect your physical wellbeing, but they may leave lasting impacts on your emotional and psychological health. Injuries can give rise to health challenges and can pose many obstacles to the everyday life of yourself and your family.
If you cannot work after your injuries, your financial future and security are now at risk. In addition to the worry of mounting medical expenses, accident victims may have to stress about their ability to meet their current and future obligations and responsibilities when they face a long road to recovery or permanent disabilities. This can place enormous stress on your day-to-day life and relationships.
When should you get medical help for your injuries after a car crash?
Car accidents happen in an instant, and the aftermath at the scene of an accident will often feel like a blur to those involved in a collision. Adrenaline, confusion, and fear are common experiences of victims of car accidents. While visible injuries will prompt many victims to seek immediate medical attention, less visible injuries or injuries that have not fully developed can leave some victims torn on whether they require medical care or attention after a car accident.
Victims with obvious injuries should call emergency medical services to the scene to stabilize the individual and evaluate their need for further medical care. Those requiring immediate care will receive ambulance transportation to nearby emergency medical centers for treatment. However, those with seemingly minor injuries or no visible injuries must often decide for themselves if medical care is warranted.
If you feel any indication that you are hurt, unwell, or something is not right after an accident, you should not hesitate to seek medical attention immediately. If you are still at the scene of an accident you can request to be transported by ambulance to a nearby emergency room, or you can request the assistance of a friend or family member to take you as soon as possible.
Keep in mind that not all injuries will be apparent in the minutes and hours after an accident. You may very well wake up the day or days after an accident to discover a newfound bruise, pain, or discomfort that may have not been there in the moments after the accident.
It is vital to seek medical treatment immediately after you have discovered a potential injury. Not only will the quick action on your part help you with your overall recovery and health, but it is also an important factor in an Albany car accident claim. Seek medical care the instant you feel something is wrong. Once a doctor evaluates you, follow through with all prescribed medical treatments and rehabilitation.
Can You Seek Compensation for any Car Accident?
Accident victims can suffer a wide range of losses after motor vehicle accidents. Often, car accident victims wonder whether they may seek compensation in an accident insurance claim or lawsuit. The determination of fault and insurance coverage applicable to your situation will provide the answer.
In general, any car accident victim that suffers an injury due to the fault of another can seek compensation. Even in cases where an injury does not occur, a car accident victim that suffers damage to their vehicle or other personal property can also pursue the compensation they deserve.
While recovery for your losses is never guaranteed, a knowledgeable Albany car accident lawyer can help you find your best opportunity of success to monetary compensation for the damages you have sustained.
Damages you can seek compensation for in a car accident case often include:
- Loss of wages or potential and future income
- Expenses related to medical care now and in the future
- Compensation for pain and suffering related to the accident and injuries
- Cost for repairs or replacement of damaged personal property
- The wrongful death of a loved one
Do you need an attorney after a car accident in Albany?
It is a common decision that car accident victims face: Is it really necessary to hire a lawyer to navigate your Albany car accident claim or potential lawsuit?
The answer is yes.
The reality is that the claims process and beyond can be complex; without the advice and guidance of a lawyer at your side, you could put your legal rights and the compensation you could be entitled to at risk.
Insurance companies and other interested parties have their own team of lawyers guiding their decisions; to go against these parties without an attorney on your behalf can mean a lower settlement offer or the denial of your claim. A lawyer will advocate for your rights each step of the way.
It is in your interest to hire an attorney, and this can ultimately make a substantial difference in the outcome of your case.
When is the best time to contact an Albany lawyer after a motor vehicle accident?
If you are injured in a car accident, the car accident claims process technically begins moments after an impact. Most insurance companies require their insured to alert them to the occurrence of an accident within a short time after a crash. Once you notify the insurance company of an accident, the claims process will begin. Insurance representatives will be eager to speak with you in an attempt to limit their liability or the amount of compensation offered to you for your injuries.
Hire a car accident lawyer early as possible. The earliest a lawyer can step into your case and protect your rights the increased chance for a better outcome in your case. While it is possible to hire an attorney at any point before your claim resolves, it is overall a better option to contact a lawyer as soon as possible after a car accident.
How Damages Are Calculated for a Car Accident Injury
Victims of car accidents are often surprised to find just how much of a financial impact an accident can have on their life. Even accidents where injuries appear to be minor can result in lost work, expensive medical treatments, and property damage that puts a financial burden and stress on an accident victim and their family. Fortunately, the law allows you to seek compensation for these losses against the parties responsible for your injuries.
Car accident damages are economic or non-economic. Economic damages are objective financial measures of loss that you can prove through documentation and records. Non-economic damages can be more difficult to quantify because of their subjective nature and uniqueness to each accident victim.
Economic damages in a car accident claim can include:
- Medical-related expenses
- Loss of property or cost to repair
- Loss of income or impacts to your ability to earn wages
- Future losses of income due to your injury
- Future expenses for long term medical treatment and care
Non-economic damages in a car accident claim can include:
- Pain caused by your injury
- Suffering and emotional distress caused by the accident or injury
- Reduction of quality of life or impacts to your enjoyment of your life
- Loss of companionship
A car accident attorney will take the time to understand the facts and evidence in your case to calculate the damages you deserve under the law. This important step in a car accident claim will give you an understanding of the overall value of your claim, which can help you make the best decisions if and when the insurance company or at-fault party presents a settlement offer. Contact Finkelstein & Partners today to get started.
How the New York Statute of Limitations Can Affect You
Under the laws of New York, an injured party has three years from the date of a car accident to file an action for a claim against the parties responsible for their injuries. If an injured victim fails to file within that time frame, a court can bar the plaintiff from proceeding with the lawsuit and seeking compensation for their losses. This is nearly impossible to overcome, and many times injury victims are left with little recourse to receive financial reimbursement and compensation for the damages they have suffered.
Fortunately, taking action soon after your injury can avoid the statute of limitations deadline. It may seem as though three years is a considerable amount of time, but time can pass relatively quickly when one is recovering from injuries and dealing with the aftermath of a car accident.
When Should You Contact an Albany Car Accident Lawyer?
It might not always be possible for a car accident victim to contact an attorney in the immediate moments after a car accident. If you require emergency medical care or extended treatment, you must focus on your recovery give little thought to a possible car accident claim or who should pay for the damages you have suffered.
It is always best to contact a car accident attorney as soon as possible following an accident. When you can physically discuss your case, contact an attorney to initiate your claim and begin the process of preparing legal action for damages against the parties responsible for your injuries.
Keep in mind that it takes time to prepare a case and file a car accident claim. A personal injury lawyer must not only evaluate and review the circumstances of the accident and your injuries but must also gather evidence, testimony, and documentation to understand the extent of your injuries and damages. A case against the at-fault parties requires time to prepare and support with the best evidence available. This gives you the best chance at recovering the maximum damages.
Negotiations, settlement offers, and trials (if necessary) take time and require patience. The sooner you hire legal representation for your injury the quicker the case can move forward and ultimately resolve.
What if Your Insurance Claim Was Denied or a Settlement Offer Is Too Low?
There may be times when an accident victim will attempt to proceed without legal counsel in their car accident injury claim only to find their claim denied, or they face challenges in the negotiation of an agreeable amount of compensation. It is not too late to contact a lawyer for your case.
If you find yourself being given the run-around by insurance companies or are being delayed or undercut in your efforts to be compensated for your losses, contact a car accident attorney to help guide your case. Although this may cause some delays in your case, it might still be possible to get you the compensation you deserve.
Call Our Professional Team of Albany Car Accident Lawyers
At Finkelstein & Partners—The Injury Attorneys, we are ready to discuss and evaluate your car accident case. Contact us for a free case evaluation and to find out how we can help you seek the compensation and justice you deserve. You can reach us at any time at (518) 452-2813 or through our contact page.
1707 Central Avenue
Albany, NY 12205