Albany Premises Liability Attorney
When visiting an Albany mall, supermarket, or doctor’s office, the last thing we expect is to find ourselves lying on the floor. Unfortunately, premises owners often leave unsafe conditions that lead to falls and accidents. Carpeting with frayed edges, wet areas showing signs they have been there a while with no warning signs, and unmaintained staircases can be a menace to anyone who comes across them.
For more than six decades, the premises liability attorneys at Finkelstein & Partners have helped victims who sustain injuries on unsafe Albany properties to recover the compensation they deserve. We can help you too. Contact us for a free evaluation of your specific case and, in the meantime, read on for more general information about premises liability cases.
Our Results in Premises Liability Cases Speak for Themselves
If you are searching for an attorney who will hold property owners and managers accountable for their actions, you can count on Finkelstein & Partners.
While past performance can’t guarantee future results, examples of premises liability cases we have resolved successfully for our clients include:
- $1.1 million settlement – Landlord responsible for taking short cuts in repairs to fix contractors and framers original mistake
- $975,000 settlement – Union telephone worker slipped on ice at work
- $925,000 settlement – Trip & fall accident
- $811,880 settlement – Workplace accident
- $1.625 million settlement – Fall at a train station
We take pride in obtaining successful outcomes for our clients. Given the broad range of premises liability scenarios we have encountered over the years, we stand confident and ready to help you resolve your case.
What Are Common Injuries in Albany Premises Liability Cases?
In Albany, those who own or lease a property are legally responsible for ensuring their property is safe for visitors. Shoddy maintenance, poor signage, and inadequate security are no joke, and can result in serious injuries. Many of these injuries can be debilitating for victims and can result in thousands of dollars in medical costs, time lost from work, and immense stress for the victim and their family.
Some typical injuries Albany premises liability victims suffer in these cases include:
- Broken bones
- Neck and back injuries
- Traumatic brain injury (TBI)
- Electric shock or burns
- Illnesses due to exposure to certain chemicals
These injuries are expensive, painful, and even life-changing. When you suffer an injury on Albany property due to someone else’s negligence, you and your family should not have to bear the financial burden of dealing with the injury. At Finkelstein & Partners, we can help identify potential options to recover compensation for your premises liability injury.
Identifying Conditions of Liability and Responsible Parties in Albany Premises Liability Claims
One of the most important aspects of Albany premises liability claims is identifying the party or parties responsible for your injuries.
To determine this, you must prove that the injury was, in fact, another’s fault, meaning:
- You had the legal right to be on the property because the owner directly invited you, the facility or property was open to the public, or you were hired to work at the property. An exception may apply if a child trespasses, drawn in by an attractive nuisance.
- Hazardous conditions existed – Wet floors, hazardous chemicals, broken handrails, poor lighting, and negligent security can all create hazards. If the possessor or owner of the property fails to address these conditions once they become, or should have become, aware of their existence, plaintiffs can hold them responsible for any resulting injuries.
- Another’s negligence resulted in your injury – You must establish that someone should have corrected the condition and negligence caused the illness or injury you suffered.
If you had a right to be on an Albany property, a hazardous condition existed that caused your injury, and your injury was due to another’s negligence, you must identify the specific party whom you can hold responsible. This is sometimes a straightforward determination. However, in some cases, more than one party caused your injury.
Some of the responsible parties could include:
- The property owner and/or occupant – The property owner and occupant may be two different people—such as in the case of a rental property—and each of them may bear some responsibility for your injuries.
- Maintenance company – If the property owner or occupant contracted with a maintenance company to perform work and the company failed to complete the job or left the worksite with hazardous conditions which contributed to your injury, they may also be liable.
- Other parties – Ultimately, anyone who contributes to the creation of a hazardous condition on a property could be responsible. For instance, a property used for an event might require security services. A security company may be responsible for injuries resulting from its failure to fill a shift with trained workers at the event. Your lawyer can help you work through the details of your specific case to determine all potentially responsible parties.
What Damages Can an Albany Premises Liability Injury Lawsuit Claim?
While the individual who suffers an injury in an accident at a business, mall, or office building is clearly affected, their family or loved ones also experience the injury’s impacts. If the victim is the primary breadwinner in the family, the family could lose income if the victim can’t work while recovering. When an injury victim is a caregiver, they may need to make other expensive arrangements to care for children or elderly family members.
The financial consequences of a premises liability case injury can be devastating to a family. Other, non-economic harms victims typically experience, such as pain and suffering, only compound them. A victim can seek damages—the legal term for compensation—for all such expenses and harms.
Albany premises liability victims often seek damages to cover:
- Medical costs associated with your injury – Regardless of how good your medical insurance is, you could still end up paying high out-of-pocket costs for your care from an injury suffered in an Albany premises liability accident. Costs you can seek damages for include in-hospital treatment, special tests or examinations, prescription drugs for treatment associated with your injury, follow-up doctor visits, and transportation to and from doctor visits. These damages may include estimated future medical expenses.
- Lost wages, including current and estimated future losses – Albany premises liability victims may seek damages for wages lost during their recovery from the accident. The scope of this form of recovery may include bonuses, benefits, and other income. In addition, if a victim will still be recovering for months, or longer, after a settlement or final court award, they may estimate future lost wages in their claim.
- Other losses related to your injuries – Victims of an accident on someone’s property may also claim other expenses such as remodeling parts of their home to accommodate their injury, paying for additional household help, and other losses.
At the Albany office of Finkelstein & Partners, we can identify all potentially recoverable expenses so you don’t miss out on a chance to recover any deserved compensation. Since every Albany premises liability injury is different, the expense and harms will vary. With our experience, we can help you determine what those are for your unique case.
How Might a Defendant Try to Reduce My Compensation?
Regardless of who we are trying to hold accountable for your injuries, we are ready to fight back against attempts to deflect liability.
Plaintiffs usually file lawsuits will against the defendant’s insurance company.
Insurance companies have experience with these cases too, and use some common tactics to reduce the amount of compensation they must pay out:
- Victim blaming – The defendant may blame the victim who suffered the injury. They may claim the victim was not paying attention to the floor and should have noticed the puddle they slipped on. By pointing the finger at the victim, the defendant contends that had the victim paid attention, they could have seen the hazard and avoided the danger and their injury. Thus, the defendant can bear no responsibility. In some cases, the fault may rest with both parties, but that does not mean a victim has no right to any compensation.
- Claiming injury was from a pre-existing condition – In the case of a premises liability victim who suffers back or neck injuries, insurance adjusters will ask if the victim has had prior neck or back injuries. If the answer is yes, the insurer will point to this as a way of escaping some or full liability.
- Claiming someone else was responsible – An insurance company will typically conduct its own investigation of the accident and may attempt to blame someone else at the location where your injury occurred for your injury. That person might not be insured or have enough wealth of their own to compensate you for your injuries.
Insurance companies may attempt to avoid liability by simply putting on an act of trying to help a victim. They can lead Albany premises liability victims to believe that insurance adjusters want to help them. This is often a mistake. Adjusters work for insurance companies—while they are contacting you and making inquiries, their objective is to find any way possible to lessen your claim. All insurers make money when they are collecting premiums from customers and avoiding paying out claims. Your injury claim is a threat to their bottom line.
For this reason, it’s in an Albany premises liability victim’s best interest to contact an attorney as soon after their accident as possible. Do not have discussions with an insurance adjuster without first making sure you understand your rights, and avoid signing any documents which provide the insurer with access to your medical records. Your attorney can help make sure you do not forfeit any rights or hurt your chances of receiving full and fair compensation.
Cost of an Albany Premises Liability Lawyer
At Finkelstein & Partners, we understand the concern Albany premises liability victims have about the cost of filing a lawsuit, particularly when at a time that they are facing a host of new and unexpected expenses. For this reason, we do not take any legal fees upfront. We accept Albany premises liability cases on a contingency basis, meaning that we take our fee only if we succeed in obtaining a settlement or court award on your behalf.
Our fee structure reflects our priority to help you first. When you contact us for a free case evaluation, we will listen to your story and understand the circumstances which led up to your injury and give you an idea of your best options for recourse. Should we move forward with your case, you have our commitment to provide the highest level of service available.
We will be transparent and communicate all developments in your case. We will fully explain any settlement offers we receive and explain whether we think they are fair or if you may push for more. With this support on your side, you can recover much more compensation than you could have by trying to handle the case on your own.
Call the Albany Premises Liability Law Firm With Experience
At Finkelstein & Partners, we understand the turmoil and the financial stress you and your family are likely to face following an accident. We make sure you are working with a team that treats you like a person and not just another case. We know you have to focus on recovering from your injuries. The physical and emotional toll an accident takes on you and the emotional toll on your family can be overwhelming. Having to fight with insurance companies is the last thing most victims want to concern themselves with.
Contact Finkelstein & Partners or call us at (518) 452-2813 about your Albany premises liability case today. We can explain your rights and potential recourse, so that you can make the most informed decision. Let us show you what a difference working with a personal injury lawyer who has your best interest in mind at all times can make for your future.
1707 Central Avenue
Albany, NY 12205