Albany New York Personal Injury Attorney

One injury can change every aspect of your life. Going to work, taking care of your children, and simply living can all become much more difficult and painful. Because your health also affects your finances, compensation for an injury could make a difference in many ways. An Albany New York personal injury attorney can help you fight for the compensation you deserve.

At Bailey, Johnson & Peck, P.C., we have handled personal injury cases from both sides – the insurance company and the injured person. This double experience on both sides of personal injury disputes positions our attorneys to achieve optimal results for injured clients and their families. To schedule a consultation with an Albany New York personal injury attorney, please call 518-456-0082 or fill out our online intake form today.

Albany New York Personal Injury Attorney

To discuss your personal injury claim and your legal options, call us in Albany at 518-456-0082 or complete our contact form. We can help.

New York Personal Injury Basics

At Bailey, Johnson & Peck, we have extensive experience handling the following case types.

Car Accidents and Injuries

personal injury lawyer

After suffering serious or permanent injuries in a car accident or other motor vehicle accident, it’s extremely important for accident victims to pursue compensation. Many people feel overwhelmed by costs from lost wages, medical treatment, post traumatic stress disorder, serious injuries, and their personal injury lawyer cost.

That’s why it’s important to find personal injury lawyers who have your best interests in mind. At Bailey, Johnson & Peck, we always aim for full and fair compensation for your injuries. That way, you can focus on recovery and avoid the stress of mounting medical bills while we represent you in court.

Wrongful Death

personal injury attorney

Losing a loved one is never easy, especially when their death results from the negligence of another person. Wrongful death cases allow the family members of a deceased person to seek financial compensation for the loss of their loved one. 

These types of New York personal injury cases require respect, compassion, and determination from your attorney. Pursuing legal action against the responsible parties can offer several different benefits for grieving families. We list these benefits below.

  • Financial compensation to cover funeral expenses and medical expenses
  • Compensation for the household help and the income your loved one brought in
  • Damages awarded for pain and suffering
  • Justice for the loss of your loved one, as well as closure for the family

It’s important to remember that you have only two years from the time of death to begin a wrongful death lawsuit. Eligible parties in the state of New York include spouses, children, parents, or representatives of the estate.

Motor Vehicle Accidents

personal injury lawyers

Car accidents aren’t the only forms of motor vehicle accidents that we handle. We also take on semi-truck cases, motorcycle accident cases, ridesharing accident cases, and much more. Many accident victims try to handle these cases themselves, but they often lose their right to compensation. 

In order to avoid this, it’s best to speak with a motor vehicle accident lawyer as soon as possible. The attorneys at Bailey, Johnson & Peck have handled personal injury cases from both sides – representing insurance companies and injured victims. 

Dog Bite Injuries

new york personal injury lawyer

When an irresponsible dog owner loses control of their pet, they could cause harm to innocent bystanders by biting or attacking them. If you suffered injuries from a dangerous animal, you may be entitled to compensation.

Victims of dog attacks often require immediate medical treatment for their physical injuries, as well as cosmetic surgery or therapy for their emotional distress. If this is the case, you need a New York personal injury lawyer to handle your claim.

Slip and Fall Accidents

nyc personal injury lawyer

Property owners have an obligation to ensure that their property is safe for those who would visit or use the property. When they fail to maintain a safe space, it could lead to serious injuries. If you suffered an injury because of negligence on the part of the property owner, you may have a case. At Bailey, Johnson & Peck, we handle the following types of premises liability claims.

  • Hotel property injuries
  • Retail store injuries
  • Negligence of apartment complexes
  • Broken or poorly maintained sidewalk injuries
  • Swimming pool injuries
  • Restaurant injuries
  • Parking lot injuries
  • Injuries from inadequate security

Catastrophic Injuries

new york city personal injury attorney

After a personal injury accident, it’s possible that you suffered catastrophic injuries. Truck accidents, workplace injuries, construction site accidents, and even car accidents have the potential to result in life-changing injuries. When this happens, you need a highly experienced New York personal injury lawyer on your side. 

At Bailey, Johnson & Peck, we understand that you probably have medical expenses, lost wages, and stressful paperwork piling up after your accident. We’re here to represent injured victims after an automobile accident, birth injury, serious physical injury, or medical malpractice case. We’ll take the weight of handling the case off your shoulders so you can focus on your comfort and recovery.

The Role of a Personal Injury Attorney

As personal injury attorneys, we represent clients who claim they suffered physical, psychological, or financial harm from the negligence of another person, business, or government body. We practice civil litigation and tort law, which deals with certain types of damages, including defamation, insurance bad faith, and breaches of contract. 

Not only do we handle the above types of cases, but we also handle the more traditional types of personal injury lawsuits, including vehicle accidents, medical negligence, birth injuries, injuries sustained at the workplace, and many more.

Our role is to protect our clients from insurance companies and any responsible party who doesn’t want to provide adequate compensation. Even though many refer to us as trial lawyers, we settle a large portion of our cases before they ever reach a courtroom. This ultimately saves you both time and money.

Potential Damages in a Personal Injury Claim

It’s important to understand what kind of compensation you can seek in personal injury lawsuits and settlements. The two basic types of damages awarded are compensatory and punitive damages. We outline these below.

Compensatory Damages

  • Loss of earnings
  • Medical bills
  • Future medical expenses
  • Loss of future earnings
  • Household costs
  • Costs linked to canceled plans or trips
  • Pain and suffering
  • Loss of consortium
  • Emotional distress
  • Post traumatic stress disorder
  • Burial and funeral expenses
  • Cost of medical care before the death of the loved one

Punitive Damages

This form of compensation is generally awarded when the behavior of the defendant in your case was particularly malicious or wanton. Examples of this behavior include assault, battery, and fraudulent acts. Punitive damages often aim to both punish the responsible party and seek compensation for the victim. This usually discourages others from engaging in the same behavior in the future.

Can I Sue for Emotional Distress After a Personal Injury Accident?

In general, yes you can. Many people experience increased anxiety and emotional distress after a car accident or other personal injury accident. This emotional distress has the potential of preventing you from doing things that were once very easy, such as getting behind the wheel of a car. However, recovering compensation for this is a little more complicated than for tangible injuries.

Emotional distress after a car accident can take on a number of different forms, including PTSD, anxiety, and even depression. In order to have the best chance of getting compensation, you should speak with a personal injury lawyer as soon as possible.

Your lawyer will need to prove two crucial elements. They must first prove that your emotional distress stems directly from the car accident or other accident you were involved in. Then, they must prove that the emotional distress resulted in a significant impact on your life and your financial situation.

Is Emotional Distress a Type of Pain and Suffering?

It depends. In general, pain and suffering refer to both physical pain and mental anguish that you experience after an accident. Sensations like headaches are not considered emotional distress.

To have a valid personal injury claim, your personal injury lawyer will need to prove that the mental anguish you feel is long-lasting, that the defendant in your case was the one who caused it, and that your distress is significant enough to affect your life. 

What Is the Statute of Limitations for Personal Injury Claims?

According to New York law, individuals have three years from the date of the accident to begin a personal injury claim. Beginning personal injury cases usually involves filing certain paperwork with the court. The three year clock applies to most personal injury claim types, including both negligence cases and intentional tort cases.

However, there are two exceptions to this rule, which we list below.

  • The injured person is under a legal disability when the accident occurred. This usually means the person is a minor or of “unsound mind.” Once they either turn 18 or are declared sane, the legal disability is lifted. This is when the three year clock begins to count down.
  • The person responsible for the accident has left the state of New York at some point, and is gone for four or more months. Courts generally do not count this period of absence in the three year clock.

New York Is a Comparative Negligence State

Determining fault (or negligence) in a personal injury case is crucial. It’s also important to understand how fault affects compensation in your state. New York is one of 13 states in the US that abides by a pure comparative fault system. But what does that mean for you?

It basically means that every party in a personal injury claim may seek compensation, even if they are 99% to blame. This differs from modified comparative negligence in that, under a modified system, the primarily responsible party may not recover compensation. 

Whatever percentage you are found to be responsible is the percentage that your recovery will be reduced by. For example, let’s say the court determines that you are 20% at fault for the accident. If your recovery is worth $100,000, you may only receive $80,000 of that recovery.

This system can be very forgiving, but it can also give rise to certain frustrations. For example, sometimes we see unfair blame being leveled at injured plaintiffs who are just trying to recover enough to pay their medical bills. 

Determining Negligence in a Personal Injury Case

There are a few different ways to prove fault and negligence in personal injury claims, and a personal injury law firm will be able to help with that. The first step is to seek medical attention and treat your injuries appropriately. Then, work with your attorney to start gathering evidence, photos, and videos of the accident scene. This will help in determining fault.

If you and your personal injury attorney can prove fault through negligence, it could increase the damages you receive. Below, we list the criteria you’ll need to meet in order to prove negligence in a personal injury lawsuit.

  • The defendant had a duty of care or obligation to the plaintiff which required them to act in a certain way in order to protect those around them.
  • They failed to perform that duty or obligation.
  • Their failure to do this resulted in the plaintiff’s injuries.
  • The plaintiff suffered real damage or losses.

Your situation must meet all of the above criteria to prove negligence. Otherwise, you can attempt to prove negligence through the avenues of strict liability or wanton misconduct.

Why Should I Hire a Personal Injury Lawyer?

Personal injury attorneys are invaluable for any car accident claim, medical malpractice claim, and most personal injury cases. It’s important to remember that, with the help of a lawyer, you won’t have to handle your case alone. Below, we list some specific benefits that personal injury attorneys bring to the table.

  • Insurance companies only care about profit. A personal injury attorney cares about justice for your injuries and will look out for your best interests.
  • The best personal injury lawyers understand the laws in your state on a very intimate level. Because of the experience they have handling personal injury lawsuit cases, they’re better equipped than most people would be on their own.
  • In order to be successful in filing your claim, you must adhere to very strict rules and deadlines. An attorney will ensure that you fill out and submit all the necessary paperwork in a timely manner.
  • You might not realize the full extent of the damages you’re entitled to. Attorneys understand exactly what compensation you qualify for, and they’ll likely explain this to you along the way.
  • Proving a personal injury lawsuit can be a very complicated process. With the help of an attorney, even the most complex cases can be handled.

Frequently Asked Questions

The short answer is yes. Even in seemingly straightforward cases, hiring a lawyer often helps your chances of winning your case. Because of the complexities of personal injury law, trying to navigate a case without legal training can be daunting.

Additionally, each state usually has its own rules and regulations for personal injury cases. In order to represent yourself effectively, you’d need training in both state and federal personal injury law. 

Aside from the individual laws, you’d also need to understand how the court systems work. If you don’t have this insider knowledge, you might miss an important deadline, forget the necessary paperwork, and unintentionally give your opponent an edge.

A qualified personal injury attorney in New York will have the skills and the knowledge necessary to both negotiate a fair settlement and litigate on your behalf in a courtroom. We are best equipped to handle complex cases, whether you’re an injury victim or an insurance company.

Finally, you’ll probably be up against your opponent’s own attorney. To combat the experience and knowledge of another lawyer, it’s best that you hire your own attorney.

Personal injury lawyers have a wide range of skills that they acquire both in law school and over the course of their careers. To put it simply, a personal injury lawyer helps those who suffered physical or psychological injuries due to someone else’s negligence. They operate in civil law, handling mostly negligence and mass tort cases. 

Most people seek legal assistance from a personal injury lawyer because they want to recover compensation from another person to pay for things like medical bills, lost wages, and more. Generally, an experienced personal injury attorney will attempt to negotiate a settlement outside of court before going to trial.

If settlement negotiations fail and the case goes to trial, your attorney will litigate before the court on your behalf. 

There are a wide variety of situations in which personal injury law applies. We list these below.

  • Accidents and injuries: Many people associate personal injury claims with these types of cases. One person acts in a negligent manner, which then causes injury or harm to another person. Common examples include motor vehicle accidents, medical malpractice, and others.
  • Intentional acts: This applies in cases where someone’s intentional acts cause injury to another person. Examples include intentional torts, as well as assault and battery.
  • Defective products: When products such as vehicle parts, medical devices, pharmaceuticals, or other products are defective, they could cause injury to consumers. Those who suffer harm from the product are eligible for a product liability lawsuit against the manufacturer.
  • Defamation: Personal injury even applies in cases where someone’s defamatory claims against another person cause them harm in some way.

Unlike many other attorneys, personal injury lawyers often operate on a contingency fee basis. This simply means that their payment is contingent upon securing a recovery for you. While the percentage of what an attorney will take varies depending on a number of factors, the average range is around 33-55% of the recovery. 

In most cases, the attorney will present their client with a written agreement that outlines the contingency agreement. New York actually limits the amount that a personal injury attorney may take as payment. They may charge no more than 33%, or ⅓ of the net recovery.

For example, if you are awarded $100,000 in your case, your New York personal injury lawyer may take no more than $33,000 as payment. If an attorney attempts to charge you for your gross recovery rather than the net, this is illegal.

The laws vary from state to state, so we recommend hiring an experienced personal injury attorney rather than one who only dabbles in personal injury. They will better understand the laws in your state and ensure that you receive the professional legal representation you deserve in your case.

This is a difficult question to answer, as the average payout varies greatly between the different types of personal injury cases. For example, the average payout for minor car accidents will almost certainly be less than a payout for wrongful death or catastrophic injury. 

Additionally, whether or not you achieve a settlement also has an impact on your payout. If you take your case to trial, you could end up with more or less than the settlement offer outlined for your case. 

The best way to get an idea of what your case is worth is to schedule a consultation with your attorney before you pursue legal action. They will examine the facts of your case and give you a rough estimate of what your case is worth.

When you need legal assistance as an injured party, choosing the right personal injury lawyer is one of the most important things you’ll do. While comparing personal injury lawyers, we encourage you to consider the following factors.

  • Experience handling your type of case
  • Track record and credentials
  • Their availability to take your case and give it the time it needs
  • Size and resources of the law firm
  • Years of experience in the field
  • How they handle their case fees and compensation
  • Past client reviews and referrals
  • Their success record with your type of case

There are a number of questions you can ask before you ever hire an attorney and sign a contract. We outline these in the following section.

  • What are your standard fees? What percentage do you take? Do you operate on a contingency fee basis?
  • If we do not win the case, will I still need to pay case costs?
  • How much experience do you have trying personal injury cases?
  • How much time do you have to spend on my personal injury lawsuit? Do you have a large number of cases to handle right now?
  • Approximately how long will it take to handle my case?
  • What is my claim worth?
  • Will my claim go to trial? Are you experienced in litigation?
  • Which attorney will handle my case?
  • Will I be highly involved in my own case?

Contact Bailey, Johnson & Peck Today

At Bailey, Johnson & Peck, we have served the Albany and capital district areas as a New York personal injury law firm for more than 40 years. We offer the experience, resources, and connections of a large firm while giving our clients the care and attention of a small firm. We handle a wide array of case types, including personal injury, insurance defense, municipal law, New York employment law, and estate planning. For more information about how we can help you, please call our New York personal injury law firm at 518-456-0082. You can also fill out our online intake form.

Practice Areas

Helping Injury Victims
Put Their Lives Back Together

Schedule a Consultation

Our attorneys have extensive experience in personal injury law, including car accidents, slip-and-fall accidents, catastrophic injuries and wrongful death. If you have questions about insurance coverage and how to get the financial compensation you need, contact us today to see how we can help.

We have represented many clients on both sides of personal injury and insurance disputes. Let us use our depth of knowledge and experience to help you and your family get the medical care and financial compensation you need and deserve.