Albany Personal Injury Lawyer


Two Locations in Albany, NY to Serve You

Finkelstein & Partners, LLP

1707 Central Avenue
Albany, NY 12205
518-452-2813

Finkelstein & Partners, LLP

41 State Street, Suite 604-21
Albany, NY 12207
518-419-6070

Review Us On Google
Finkelstein & Partners, LLP – Winning Serious Injury Lawsuits Since 1959

Accidents and injuries occur all the time and are the third-leading cause of death in the U.S. Statistics show that in a recent year, individuals in the U.S. experienced 55.4 million injuries and nearly 300,000 preventable deaths. Personal injury lawyers provide legal representation to those injured in an accident.

If someone else’s negligence injures you or your property, the zealous, experienced Albany personal injury lawyers at Finkelstein & Partners can help you seek compensation for your losses.

Finkelstein & Partners: Who We Are

Attorney Howard S. Finkelstein founded Finkelstein & Partners in 1959 to help those seriously injured get the personal attention they need, the legal help they want, and the representation they expect. Since then, the law firm has expanded to multiple locations in New York, New Jersey, Massachusetts, and Connecticut, with a staff of more than 170 paraprofessionals and 85 lawyers.

Through it all, we remain dedicated to fighting for our clients and pursuing the strongest possible outcome in every case. In addition, we launched a public service campaign to make young drivers aware of the dangers of distracted driving.

Each case is unique. However, since our founding, we have won millions of dollars in trial verdicts and settlement awards for our injured clients.

We Handle All Albany Personal Injury Accidents

Personal injury law deals with a wide range of accidents and injuries.

Some of the most common include:

  • Automobile accidents: Car crashes are the leading cause of death in the first three decades of Americans’ lives. Car accidents often result in significant injuries, property damage, and even death. The most recent statistics show 42,339 motor vehicle injuries or deaths in a recent year.
  • Truck accidents: Including semi-trucks, 18-wheelers, tractor-trailers, and other commercial vehicles.
  • Motorcycle accidents: Motorcyclists are particularly vulnerable to injuries from a crash caused by the negligence of other drivers.
  • Bus accidents: Claims that involve victims of public transportation collisions.
  • Slip and falls: Slip and fall accidents are premises liability claims based on an individual slipping on someone else’s land or property and suffering an injury from the fall.
  • Premises liability: These are claims that involve injuries sustained on someone else’s premises due to negligence. However, premises liability laws are complex, particularly if the injured person was a trespasser, so they should consult a skilled personal injury attorney.
  • Product liability accidents: These accidents occur when a seller or a manufacturer places a defective product in the consumer’s hands, leading to severe injuries. With product liability claims, everyone in the distribution chain may be accountable for the harm.
  • Medical malpractice cases: Medical malpractice cases deal with injuries that result from a medical professional’s negligence. Typically, these cases require the victim to show that the doctor owed them a duty of care, the doctor was negligent, their negligence caused the victim’s injury, and consequently, the victim suffered substantial damages.
  • Wrongful death claims: Wrongful death claims are unique claims that occur when an individual dies from another person’s intentional or negligent actions. As a result, the decedent’s estate or family members can file a lawsuit against those liable for their loved one’s death and pursue appropriate damages.

We also handle cases involving:

How Can Our Albany Personal Injury Accident Lawyers Help You?

Personal Injury Accident LawyersWhen dealing with an accident, you may feel overwhelmed and alone. However, you are not alone. The skilled attorneys at Finkelstein & Partners can pursue the compensation you deserve, protect your rights, and guide you through the legal process.

For example, we can:

  • Review your case in detail, answer your questions, and determine your legal options.
  • Investigate your accident thoroughly, securing vital evidence to prove fault and damages.
  • Properly file all legal motions and documents before the statute of limitations expires.
  • Handle the negotiations and discussions with the insurance company, fighting for fair compensation on your behalf.
  • Bring in experts, such as accident reconstructionists, engineers, doctors, and economists, to substantiate your claims.
  • If needed, take your case to trial and go after maximum damages.

Common Injuries Resulting From an Albany Personal Injury Accident

Unfortunately, personal injury accidents can harm almost any part of the body. Injuries range from mild to catastrophic.

However, typically, accidents result in:

  • Traumatic brain injury (TBI)
  • Head and neck injuries
  • Spinal cord damage
  • Broken or fractured bones
  • Internal bleeding
  • Internal organ damage
  • Deep lacerations
  • Back injuries
  • Contusions
  • Soft tissue injuries
  • Burns
  • Post-traumatic stress disorder

New York’s No-Fault Law

New York follows a no-fault motor vehicle insurance system. This system means that if an automobile accident harms you, it doesn’t matter who was responsible for the crash. You must file a claim with your insurance company to obtain compensation for your damages.

Usually, this no-fault insurance will cover up to $50,000 of your economic losses, including your medical bills, lost wages, and other out-of-pocket expenses. However, this insurance does not cover your pain and suffering or property damages resulting from the car crash.

If you want to file a personal injury lawsuit against the at-fault motorist, you must first step outside the no-fault system by proving that your injuries meet New York’s serious injury threshold.

This requirement means that a serious injury had to result in:

  • A death
  • A dismemberment
  • A significant disfigurement of a body part
  • A broken or fractured bone
  • The loss of a fetus
  • A permanent loss of use of a body part or organ
  • A permanent restriction of the use of a body system or function
  • A medically determined injury that is not permanent but prevents the victim from performing their daily activities for at least 90 days within the 180 days following the accident.

Once you show that you qualify under the serious injury threshold, you can pursue a lawsuit or third-party claim against the at-fault party and go after the compensation you need.

The Personal Injury Lawsuit Process

For many people, a personal injury case may be their first lawsuit experience. Therefore, they may be uncertain about pursuing a personal injury claim. After you engage a lawyer, the litigation process starts when your attorney files a summons and complaint in court and gives the defendant notice of the lawsuit.

Then, both parties engage in discovery, allowing each side to find out about the other side’s legal claims and defenses. Your attorney may also use experts such as doctors, economists, or specialists in accident reconstruction. There may be preliminary hearings, or motions, for rulings on issues of law and procedure.

During the trial, both sides present their evidence. The injured person must prove that the other party was responsible for the accident and the resulting injuries. To do this, you must show that your injuries resulted from intentional or negligent acts.

To establish negligence, the injured victim must prove:

  • Duty: The liable party owed you a duty of care to prevent or avoid causing you harm.
  • Breach: The liable party breached this duty of care.
  • Causation: This breach was the proximate and direct cause of your injury.
  • Damages: This injury led you to suffer measurable losses and damages.

In most cases, the parties negotiate a settlement before or during a lawsuit. Approximately 95 percent of cases settle before going to trial. The court may also encourage mediation to help resolve the case.

Insurance companies often offer a settlement amount to the victim shortly after an accident. They hope the victim will accept their initial offer without discussing it with an attorney and forgo pursuing further compensation.

Unfortunately, this first settlement offer is often relatively meager and insufficient to cover your bills or expenses. If you accept it, you usually cannot ask for more money. Your attorney can review the proposed settlement, determine if it is a reasonable offer, and negotiate for fair compensation if needed.

Damages Resulting From an Albany Personal Injury Lawsuit

If an Albany personal injury accident injured you, you might recover economic, non-economic, and punitive damages.

Economic damages: These damages include the actual and verifiable losses that result from an accident.

They typically include:

  • Medical expenses, including past, present, and future medical costs from doctor visits, prescription medications, surgeries, and hospital stays
  • Lost wages
  • Lost earning capacity
  • Personal property losses
  • At-home nursing care
  • At-home replacement services such as child care services
  • Rehabilitative services such as occupational therapy and physical therapy
  • Other out-of-pocket expenses

Non-economic damages: These damages involve subjective losses resulting from the accident, such as:

  • Pain and suffering
  • Mental anguish
  • Loss of companionship
  • Loss of consortium
  • Loss of enjoyment of life and activities
  • Loss of a limb
  • Loss of reputation
  • Scarring or disfigurement
  • Scarring

In rare cases, the court awards punitive damages to punish defendants for their egregious and wrongful actions and to deter them from committing the act again. To win punitive damages in New York, the victim must show with clear and convincing evidence that the liable party acted with a complete disregard for the victim’s safety and health.

Factors that affect a claim for damages include:

  • The type and severity of the injury
  • The ability to work following the accident
  • The ability to work in the same position following the accident
  • Whether the injury is permanent
  • The extent of the pain and suffering
  • The medical treatments needed
  • The defendant’s culpability
  • The credibility of the witnesses and the evidence presented
  • Whether you require additional services due to your injuries, such as in-home nursing care or childcare services.

Actions to Take Following a Personal Injury Accident in Albany

The scene following a personal injury accident is often overwhelming, stressful, and nerve-wracking. However, taking these steps after the accident protects you and your legal rights:

Call 911

The first step after suffering an injury in an accident is to contact 911. This step is the quickest way to notify officials of the accident and get emergency medical staff to the scene. Even if you think you aren’t injured or your injuries are minor, it is essential to seek medical care. Some injury symptoms do not appear for hours or even days. Untreated injuries may worsen.

The medical records from your evaluation and treatment will also provide valuable evidence in the event of a lawsuit. Once the police arrive, they can investigate the accident and document their findings in their police report. If you decide to pursue an injury claim, this report will provide critical evidence regarding what happened and who was at fault for your injuries.

Collect Evidence, if Possible

If you do not need immediate medical care and the area is safe, take as many pictures and videos of the accident scene as possible. Include photos of your visible injuries, the accident’s location, and any other vital details that show what happened. Additionally, get the names and numbers of witnesses who saw what happened. Their statements can back up your claims.

Be Careful What You Say

Usually, people are upset after an accident. However, be careful about who you talk to and what you say. Do not apologize or accept blame for any part of the accident. Answer questions from law enforcement simply and truthfully. If you do not know the answer, say so.

Also, avoid posing pictures or comments about the accident on social media as these may damage your case. Consult your lawyer as soon as possible before speaking to representatives from the insurance companies.

Keep a Journal

Over time, memories of an accident fade. Fortunately, you can preserve vital facts and key details by documenting everything. Keep daily notes regarding the incident, such as how you feel, the extent of your pain and suffering, the type of medical treatments you need, and how this accident affects your life.

9 Albany Personal Injury Lawyer Common Questions

For more than 60 years, Finkelstein & Partners have been helping those injured in an accident recover the financial relief they need for the losses and damages they endured. We have listened to our client’s worries and helped get them through these traumatizing situations by providing them the answers and the legal help they need.

If you were injured in a personal injury accident in Albany, we know you are going through a lot. That is why we have prepared these Frequently Asked Questions, where we will go over some common questions we often hear from clients regarding slip-and-fall accidents, car accidents, and other personal injury accidents that occur in Albany.

We hope these general answers provide the clarity and information you require to get through this challenging time. For answers to questions about your situation, please call us now for a free case evaluation.

1. If I was harmed in a car accident in Albany, what legal recourse options do I have?

New York follows a no-fault motor vehicle insurance system. This means that if you were harmed in an automobile accident, it doesn’t matter who was responsible for the crash. You will have to file a claim with your own insurance company to obtain compensation for your damages. Usually, this no-fault insurance will cover up to $50,000 of your economic losses, including your medical bills, lost wages, and other out-of-pocket expenses. However, this insurance does not cover any of your pain and suffering or property damages that resulted from the car crash.

On the other hand, if you want to file a personal injury lawsuit against the at-fault motorist, you will first need to step outside the no-fault system by proving that your injuries meet New York’s serious injury threshold.

2. What is New York’s serious injury threshold, and how does it affect my car accident injury claim in Albany?

To step outside New York’s no-fault insurance system, you need to prove that the harm you endured from the accident qualifies under New York’s serious injury threshold.

This means that a serious injury had to result in:

  • A death
  • A dismemberment
  • A significant disfigurement of a body part
  • A broken or fractured bone
  • The loss of a fetus
  • A permanent loss of use of a body member or a body organ
  • A permanent restriction of the use of a body system or a body function
  • A medically determined injury that is not permanent but prevents the victim from performing their daily activities for at least 90 days within the 180 days following the accident.

Once you can show that you qualify under this serious injury threshold, you can pursue a lawsuit or a third-party claim against the at-fault party and go after the compensation you need.

3. If the insurance company is trying to contact me following my Albany accident, should I talk to them?

No. The insurance company is not your friend. Many people often wrongly assume that these insurance companies want to help them get the money they need following an accident. But that is not how they operate.

Insurance companies are like other businesses. They want to make a profit, and by paying you less, the more money they make. That is why insurance adjusters will try any tactic they can to get you to admit fault for your accident, so they can reduce the amount of your claim or deny it altogether.

For these reasons, if the insurance company is calling, you need to be careful what you say to them. In fact, it may be in your best interest to only provide them with basic answers and indicate that all further communications will be through your attorney.

Once Finkelstein & Partners takes over your case, we can handle all of these discussions for you and ensure that you do not say anything that can negatively impact your claim.

4. If the insurance company offers me a settlement amount following my Albany accident, should I accept it?

It makes sense that if you have been hurt in an accident, you want to accept any money that can help with your injuries and losses. However, this may not always be advisable. Quite often, insurance companies will offer a settlement amount to the victim shortly after an accident. They hope that these victims will accept this offer without discussing it with an attorney and not pursue any further compensation.

Unfortunately, many times this first settlement amount offered by the insurance company is relatively meager and barely covers any bills or expenses. Yet, if you accept it, you usually cannot ask for more money in the future.

That is why our firm recommends that you not accept any offer until you have completed your medical treatments. This can provide you with a better idea of all of your costs and future medical needs. If you receive an offer from the insurance company, talk to a skilled and knowledgeable personal injury accident attorney before making any decisions.

At Finkelstein & Partners, we can go over your settlement amount and figure out if it is a reasonable offer. If it is not, we can negotiate for financial relief that is.

5. If my Albany accident injuries appear minor, do I still need to see a doctor?

Yes. Even if you believe your injuries are not that significant, you still need to get examined by a medical professional. Many times, an individual can be seriously harmed in a personal injury accident and not even know it. This is because, in some instances, serious and deadly injuries such as head or brain trauma can take days to manifest. The longer you wait to get these injuries checked out, the more fatal they can become. That is why you must see your doctor immediately following your accident.

Visiting your physician can also be vital for your personal injury case. As we mentioned before, insurance companies will try to do anything to deny your claim. Not getting examined by a doctor after your accident gives them the evidence they need to argue that your injuries are not that serious or that they resulted from a subsequent event or a pre-existing injury.

When you get checked over after your accident, your medical professional will write down notes and details regarding your condition in their medical report. As a result, this report will likely become extremely valuable evidence, as it can provide a direct link between your injuries and the accident and prove these insurance companies wrong.

6. If I slipped and fell on someone else’s property, do I need to file an accident report in Albany?

In New York, if you slipped and fell on someone else’s property and suffered injuries because of the property owner’s negligence, you may be entitled to monetary relief. Yet, to prove negligence, you need to provide specific and relevant evidence that can support your claim. That is why, even though an accident report is not required after a slip and fall accident in Albany, it may help you to establish the facts of the accident and show what happened and who was at fault.

However, if you decide to file an accident report, you must complete the report correctly. Many times, depending on where the accident occurred (private residence or office building), these reports may vary slightly and have their own set of requirements. As always, Finkelstein & Partners is more than happy to assist you in this process.

7. If I was hurt in a slip and fall accident while I was trespassing, am I entitled to any damages?

A trespasser is an individual who goes onto someone else’s property without permission from the property manager or landowner. Usually, if an individual is trespassing and sustains an injury on someone else’s property, the property owner is not legally responsible for the trespasser’s harm. This is because even though landowners and property managers have specific legal duties to maintain safe property conditions for invited guests.

In general, they do not have an obligation to remove hazardous conditions to keep a trespasser free from harm. However, there are some exceptions to this rule, which may allow a trespasser to recover compensation.

For instance, if the property owner was aware that someone was trespassing on their property, accepted their presence, and failed to warn them of hazardous conditions. The property owner may be financially responsible for any of the injuries the trespasser endured due to this dangerous condition. In addition, a trespasser may also recover monetary relief if the property owner intentionally caused the trespasser harm.

However, trespasser laws can get rather complicated, especially when it comes to personal injury claims. That is why if you were hurt in a slip and fall accident, you must speak to an experienced personal injury attorney right away. At Finkelstein & Partners, we can go over your accident, determine whether you have a viable injury claim, and figure out what legal options you can pursue.

8. How much money can I recover following an Albany personal injury accident?

Unfortunately, no lawyer can tell you exactly how much money you can obtain following a personal injury accident. This is because there are just too many factors that can impact a claim.

These factors often include:

  • The type of injury endured and the severity of the injury
  • The ability to work following the accident
  • The ability to work in the same position following the accident
  • Whether the injury is permanent
  • The extent of the pain and suffering
  • The medical treatments you will need, including in the future
  • The defendant’s culpability
  • The credibility of the witnesses and the evidence presented
  • Whether you require additional services that you didn’t need before the accident, such as in-home nursing care or childcare services.

Even though we cannot guarantee you an exact financial recovery amount, when you work with the legal team at Finkelstein & Partners, we can assure you that our lawyers will fight to obtain the maximum compensation allowed to you under the law.

9. Why should I contact Finkelstein & Partners if I was harmed in an Albany personal injury accident?

andrew finkelstein
Albany Personal Injury Attorney, Andrew Finkelstein

Personal injury claims can be incredibly complicated, challenging, and tedious. They not only require a thorough understanding of the state’s laws, but you also need to provide sound legal arguments and detailed evidence that can show what happened and who was at fault for the accident. Fortunately, with help from Finkelstein & Partners, you do not have to go through this complex legal battle alone.

Once you retain our law firm, our skilled personal injury attorneys can help you go after the justice you deserve and:

  • Go over your case in detail, answer any questions you have, and determine what legal options you can pursue.
  • Investigate your accident thoroughly, securing vital evidence that is needed to prove fault and damages.
  • Properly file all legal motions and documents before the statute of limitations expires.
  • Handle all the negotiations and discussions with the insurance company, fighting for fair compensation on your behalf.
  • Bring in the experts, such as accident reconstructionists, engineers, doctors, and economists, to substantiate your claims.
  • Take your case to trial, if needed, and go after maximum damages.

Finkelstein & Partners: Who We Are

The law firm of Finkelstein & Partners was founded by attorney Howard S. Finkelstein in 1959, to help those who have been seriously injured get the personal attention they need, the legal help they want, and the representation they expect.

Now in its sixth decade, our offices have gone from one small office in Newburgh, NY to multiple locations in New York, New Jersey, Massachusetts and Connecticut, and a staff of more than 170 paraprofessionals and 85 lawyers. Yet through it all, we have remained dedicated to tirelessly fighting for our clients and pursuing the best possible outcome in every single case.

Since our founding, we have won millions of dollars in trial verdicts and settlement awards for our injured clients, with some of our most recent results including:

  • $34,000,000 for a judgment against Pfizer
  • $16,500,000 for a product liability settlement
  • $28,300,000 for a workplace accident settlement
  • $13,500,000 for a motor vehicle accident settlement
  • $12,700,000 for unsafe working conditions accident settlement

Even though these are simply past results and do not guarantee an outcome in every case, we can assure you that when you choose Albany’s Finkelstein & Partners to represent you in a personal injury claim, we fight hard to get you every last dollar your injury has cost you.

Contact an Experienced Albany Personal Injury Accident Lawyer at Finkelstein & Partners

If an accident injures you, it may forever alter your life. Personal injuries may cause physical pain but also emotional and financial hardship. We are here to fight for you, your rights, and the money you need to rebuild your life. For more information or a free case evaluation, call Finkelstein & Partners at (518) 452-2813 or contact us online.

Albany Personal Injury Lawyer Injury Accident Lawyer in Albany

Personal Injury Attorney in AlbanyPersonal Injury Lawyer in Albany