Albany Personal Injury Lawyer

Did you sustain severe injuries in an Albany accident?

To help protect your ability to claim compensation for your injuries:

• Get immediate medical attention for your injuries. You will need documentation that you suffered an injury and received treatment to file an injury claim.
• Review any accident report for accuracy as soon after the accident as possible.
• Get in touch with an attorney to help you handle your claim. Contacting an attorney soon after the initial accident can make dealing with the insurance company much easier.
• Document the recovery process: your medical costs, injuries, and any complications or setbacks. Journal about the challenges you have to deal with and how the accident impacts you emotionally.

Dealing with your claim alone may result in less compensation than you deserve. Finkelstein & Partners can provide ongoing legal guidance and present a comprehensive and compelling claim.

Determining whether you have a valid personal injury claim depends on various factors. Not all injuries automatically lead to valid personal injury claims, and the severity and impact of your injury can influence the strength of your claim. Here are some key considerations to help you assess the validity of your Albany personal injury claim:

• Duty of Care: Was there a legal duty of care owed to you by the party responsible for your injury? For example, drivers have a duty to follow traffic laws, and property owners have a duty to maintain safe premises.
• Breach of Duty: Did the responsible party breach their duty of care? In other words, did they fail to act reasonably or responsibly, leading to your injury? This could include actions like negligence or recklessness.
• Causation: Can you establish a direct link between the breach of duty and your injury? You need to show that the breach of duty directly led to your injuries.
• Damages: Did you suffer actual damages as a result of the injury? Damages can include medical expenses, lost wages, pain and suffering, emotional distress, and more.

To establish liability, your attorney will need to gather evidence to support your claim. This could include medical records, accident reports, photographs, witness statements, and any other relevant documentation. If you aren’t able to provide this evidence or your attorney can’t collect it, you may have a hard time showing the other party is liable for your injuries.

The best way to determine the validity of your claim is to consult with a qualified personal injury attorney. They can assess the specific details of your case, consider the applicable laws, and provide you with expert advice on whether you have a viable claim. Keep in mind that laws regarding personal injury claims can vary by jurisdiction and type of injury. An experienced Albany personal injury lawyer can provide personalized guidance based on the specifics of your situation. Many personal injury attorneys offer free initial consultations, during which you can discuss your case and determine the best course of action.

Any time you have severe injuries and the substantial financial and non-financial challenges that accompany them, you may find yourself, quite reasonably, wondering how much compensation you can expect to recover. At Finkelstein & Partners, we cannot guarantee the compensation you will ultimately recover from your injury claim in Albany. Many factors can contribute to the compensation you may ultimately recover.

For example:

• Who caused your accident? Liability for a serious injury can impact the compensation you can ultimately recover for your injuries. In most cases, you will not directly seek compensation from the liable party. Instead, you will seek compensation through an insurance claim. The insurance policy may determine the limits on the compensation you have the right to recover.
• What injuries did you sustain? The more serious your injuries, the more compensation you can generally recover.
• Do you have a lawyer on your side? The insurance company can, in many cases, make it very difficult for you to recover the compensation you deserve. Working with a personal injury lawyer gives you a better idea of the compensation you deserve for your injuries, evidence to support your claim, and ongoing legal support to ensure you receive a fair settlement.

Most injury claims will, however, contain the same general elements. By breaking down those elements, you can get a better idea of the compensation you can expect as part of your claim.

Medical Bills

Your medical bills will make up the first, and often most critical, element of your injury claim. In Albany, you might pursue emergency treatment at Albany Medical Center or Albany Memorial Campus. You might go to St. Peter’s Hospital or pursue medical assistance at one of the many urgent care centers in the area.

You can easily accrue high medical bills following treatment at any of those facilities. By carefully calculating those medical bills, you may put yourself in a better position to identify and include them as part of your injury claim.

Lost Income

If your accident prevented you from going back to work, you may have the right to claim compensation for those missing wages as part of your claim. Talk to your lawyer about the time you may have missed, including the initial time missed for your injury and the time missed for follow-up care.

Pain and Suffering

In most injury claims, you will have the right to claim compensation for the pain and suffering you faced after your accident. Talk to your lawyer about what suffering you may have had to deal with and how you can include it as part of a comprehensive injury claim.

Who Has to Pay My Medical Bills If Someone Else’s Negligence Caused My Accident in Albany?

When someone else’s negligence causes your injuries, you may feel the liable entity should bear liability for your medical costs. While you can file an injury claim that may help you recover compensation for your injuries, that claim will not require the liable party to pay your medical bills directly. Instead, the liable party, or, more often, that party’s insurance company, will issue a lump sum payment to you. You can then use the funds from that payment to take care of your medical costs and any other bills associated with the accident.

You may also have the ability to use your health insurance to cover some of the costs associated with medical treatment for severe injuries.

If you suffered a workplace injury, on the other hand, your workers’ comp insurance may cover the cost of your medical treatments directly. Talk to a lawyer if you have trouble getting the workers’ comp insurance policy to cover the cost of needed medical treatments.

In New York, you have three years after the date of an accident to file a personal injury lawsuit in civil court. This is called the statute of limitations, and if you do not have an attorney file your lawsuit within that time, you may forfeit your rights to pursue compensation. Although three years may sound like more than enough time, you should contact a lawyer as soon as possible so you can start moving forward with your claim. Your attorney will need to gather a lot of information and evidence to support your claim, so you have no time to waste in getting the process started.

Also, keep in mind that the insurance company may have its own deadlines regarding when you can file an injury claim with them, which could be as short as 15 or 30 days. If you need to bring a claim against a government entity, such as the city or county responsible for maintaining property and roads that caused your accident, you must reach out to an attorney immediately as municipalities and state governments often have very tight deadlines and strict guidelines and rules on how and when to file an injury claim with them.

Most personal injury lawyers work on a contingency fee basis. This means they don’t charge you anything upfront to represent you and only accept a fee if they recover compensation for you. At Finkelstein & Partners, we offer our No Fee Promise:

• Our promise to you is that if we don’t collect damages, you don’t owe an attorney fee.
• We can also guarantee that you will be listened to and your voice will be heard.
• Our experienced legal team will handle your case with care and diligence.

Since we also offer free consultations, you can get answers to your questions at no cost, and you won’t owe us a dime unless we recover the compensation you need. Thus, you can get quality, effective, and personalized legal representation for your Albany injury claim with no out-of-pocket expenses.

The duration of a personal injury case in Albany can vary widely depending on a range of factors. It’s important to note that while some cases might resolve relatively quickly, others can take a considerable amount of time. Here are some factors that can influence the timeline of your Albany personal injury case:

• Severity of Injuries: Cases involving severe or complex injuries might take longer to resolve due to the need for extensive medical treatment, rehabilitation, and expert assessments.
• Type of Case: The nature of the personal injury case matters. Some cases, like straightforward car accidents, might settle more quickly, while cases involving medical malpractice or complex liability issues could take longer.
• Investigation and Evidence Gathering: The time it takes to gather evidence, interview witnesses, and assess the details of the incident can impact the overall timeline.
• Negotiations with Insurance Companies: Negotiating a fair settlement with insurance companies can take time, especially if liability or the extent of damages is disputed.
• Medical Treatment and Recovery: Your medical treatment and recovery timeline can affect the overall case duration. It’s often advisable to wait until you’ve reached maximum medical improvement before settling your case to ensure all medical costs are accounted for.
• Legal Process: Filing a lawsuit, if necessary, involves legal procedures that can add time to your case. The litigation process, including discovery, motions, and court dates, can vary in length.
• Court Backlog: The caseload of the court system can impact how long it takes to get a court date or reach a resolution.
• Negotiation vs. Trial: If your case goes to trial, the trial process can significantly extend the time it takes to resolve the case compared to settling through negotiation.
• Defendant’s Cooperation: If the responsible party or their insurance company is uncooperative, it could lead to delays.
• Legal Strategy: Your attorney’s strategy and approach to handling your case can also impact the timeline. Some cases might benefit from quick settlement, while others might require more time for building a strong case.
• Settlement Offers: If initial settlement offers are inadequate, it might take additional time to negotiate a fair resolution.

Given the range of factors that can affect the timeline, it’s difficult to provide a specific estimate. It’s important to work closely with a qualified personal injury attorney in Albany who can assess the details of your case, provide you with a better understanding of the expected timeline, and guide you through the legal process. Keep in mind that while you might want a swift resolution, it’s equally important to ensure that your rights are protected and that you receive fair compensation for your injuries and damages.

Dealing With the Insurance Company After an Accident in Albany

Dealing with the insurance company after a devastating Albany accident can cause great stress. While you, as the victim of the accident, need to maximize the compensation you can recover, the insurance company may want to minimize what it ultimately has to pay. You may find yourself dealing with an agent who refuses to accept the covered party’s liability for the accident or will not acknowledge the full extent of your injuries. You may even get a low settlement offer that does not reflect your injuries’ full impact.

At Finkelstein & Partners, we have extensive experience dealing with various injury claims and insurance companies, including the big names in insurance. We aim to help our clients maximize the compensation they can recover and avoid the tactics insurers use to reduce payments.

Yes, you may still be able to recover damages in an Albany personal injury case even if you were partially at fault for the accident. New York follows a principle called “pure comparative negligence” or “comparative fault.” This means that your ability to recover damages is not completely barred if you were partially responsible for the accident. However, your compensation will be reduced based on the degree of your own fault.

In this system, your compensation is reduced by the percentage of your fault, regardless of how much you contributed. For example, if you were found to be 20% at fault for the accident, your compensation would be reduced by 20%.

It’s important to note that the determination of fault can be complex and might involve negotiations with insurance companies or legal proceedings. Insurance adjusters might try to shift more fault onto you to minimize their own liability. This is where having a skilled personal injury attorney becomes crucial. An experienced attorney can advocate for your rights, assess the facts of the case, gather evidence, and ensure that your level of fault is accurately determined.

If you’ve been involved in an accident in Albany and believe you might share some degree of fault, it’s advisable to consult with an Albany personal injury attorney at Finkelstein & Partners. We can provide you with guidance on how the comparative negligence laws apply to your specific situation and work to ensure you receive a fair and just settlement.