Albany Personal Injury Lawyer
Injured in Albany? Understand Your Options.
When an accident turns your life upside down, legal questions pile up fast. Seraj Law can review what happened and explain the deadlines that apply to your claim.
Step 1 of 6
Understand your situation
After an Accident
A serious injury caused by someone else's negligence can leave you facing mounting medical bills, lost wages, and an insurance company that moves quickly to limit what it pays. Working through that process alone can be difficult.
Albany Personal Injury Lawyer
When unexpected injuries occur — from car crashes on I-90 to slip-and-fall incidents or workplace accidents — victims face medical bills, lost wages, and emotional trauma all at once. At the same time, the at-fault party’s insurance company gets to work immediately, with trained adjusters whose job is to limit what the company pays.
Seraj Law takes personal injury matters from injured people in Albany, throughout the Capital Region, and across New York State.
Why Consider an Albany Personal Injury Attorney?
Insurance companies are businesses first. After an accident, you may encounter tactics that reduce a payout:
- Early contact attempts — adjusters may call within hours of the accident, hoping to secure recorded statements or quick settlements before you understand your injuries
- Claim delays — disputes about the severity of your injuries can wear you down
- Low initial offers — settlements that do not cover future medical costs or lost earning capacity
- Fault shifting — inflating your percentage of comparative negligence to reduce the payout
An attorney can explain your options and help identify all available sources of recovery.
Personal Injury Practice Areas
Car Accidents
Car accidents are a common cause of personal injury claims in Albany. Claims we can review include:
- Distracted driving, drunk driving, and reckless driving
- Rear-end collisions and intersection crashes
- Pedestrian and bicycle accidents
- Commercial vehicle collisions
Truck Accidents
Commercial trucking crashes cause catastrophic injuries and involve multiple potentially liable parties — the driver, the trucking company, cargo loaders, and manufacturers. Federal Motor Carrier Safety Administration (FMCSA) regulations create additional bases for liability.
Motorcycle Accidents
New York motorcyclists are excluded from No-Fault insurance under NY Insurance Law § 5103(a), giving them a direct tort claim against the at-fault driver from day one — without having to first clear the serious injury threshold.
Rideshare Accidents (Uber & Lyft)
Rideshare accidents involve a three-period insurance coverage model that determines which policy applies based on the driver’s status at the time of the crash. Sorting out the coverage layers is an important early step in any rideshare claim.
Slip and Fall Injuries
Property owners have a duty to maintain safe premises — including addressing unshoveled sidewalks, wet floors, and poorly lit stairwells. When they fail, they may be liable for injuries under New York premises liability law.
Wrongful Death
When negligence causes a fatality, New York law under EPTL § 5-4.1 gives the personal representative of the estate the right to bring a wrongful death claim on behalf of surviving distributees.
Step 2 of 6
Know New York's rules
How We Can Help
Seraj Law takes personal injury matters on a contingency-fee basis. We can investigate the accident, document your damages, and handle communications with the insurance companies so you can focus on recovering. Personal injury matters are handled on a contingency-fee basis under a written retainer agreement: no attorney fee is charged if there is no recovery. You may still be responsible for court costs and case expenses, and the retainer agreement states whether those are deducted before or after the fee is calculated.
New York Personal Injury Law: What You Need to Know
No-Fault Insurance
New York is a no-fault state for motor vehicle accidents. Your own Personal Injury Protection (PIP/No-Fault) coverage pays initial medical bills and a portion of lost wages — up to $50,000 — regardless of who caused the accident. No-Fault does not cover pain and suffering.
Serious Injury Threshold
To pursue pain and suffering damages against the at-fault driver, your injuries must meet the threshold under NY Insurance Law § 5102(d):
- Any fracture
- Significant disfigurement
- Permanent consequential limitation of a body organ or member
- Significant limitation of a body function or system
- Medically determined injury preventing substantially all daily activities for 90 of the first 180 days after the accident
Pure Comparative Negligence
New York follows pure comparative negligence under CPLR Article 14-A. Even if you were partially at fault, you can still recover — your damages are reduced by your percentage of fault.
Statutes of Limitations — Do Not Wait
| Claim Type | Deadline |
|---|---|
| Personal injury (general) | 3 years from injury date |
| Wrongful death | 2 years from date of death |
| Claims against government entities | Notice of Claim within 90 days |
| Medical malpractice | 2.5 years from malpractice date |
Missing these deadlines permanently bars your right to recover.
Ready to start? Schedule a Consultation
Step 3 of 6
See how a claim works
How a Personal Injury Claim Usually Proceeds
- Case evaluation — a conversation about what happened, your injuries, and your options
- Investigation — police reports, accident reconstruction, witness statements, surveillance footage, electronic data
- Medical documentation — working with your treating providers to document the full scope of your injuries
- Insurance negotiation — communications with the at-fault insurer handled by your attorney
- Litigation if needed — if the claim cannot be resolved with the insurer, a lawsuit can be filed in Albany County Supreme Court and proceeds through discovery and, if necessary, trial
Step 4 of 6
Know what you can recover
What Compensation Can I Recover?
Depending on your case:
- Economic damages — medical bills, lost wages, future care costs, rehabilitation expenses
- Non-economic damages — pain and suffering, emotional distress, loss of enjoyment of life
- Property damage — repair or replacement of your vehicle and personal property
- Punitive damages — in rare cases of particularly egregious conduct
The outcome of any claim depends on its facts. No result can be promised.
Step 5 of 6
Know what to do now
Getting Started
If you or someone you love was injured in an accident in Albany, anywhere in the Capital Region, or elsewhere in New York, contact Seraj Law to ask about a free consultation.
Personal injury matters are handled on a contingency-fee basis under a written retainer agreement: no attorney fee is charged if there is no recovery. You may still be responsible for court costs and case expenses, and the retainer agreement states whether those are deducted before or after the fee is calculated.
Disclaimer: The information on this page is for general informational purposes only and does not constitute legal advice. Reading this page does not create an attorney-client relationship. Every case is different. Contact our office for advice specific to your situation.
Frequently Asked Questions
How long do I have to file a personal injury claim in New York?
In New York, most personal injury claims must be filed within three years of the injury date under CPLR § 214. There are important exceptions — claims against a government entity require a Notice of Claim within 90 days. Missing these deadlines can permanently bar your right to recover, so acting quickly matters.
What is the serious injury threshold in New York?
Under NY Insurance Law § 5102(d), to pursue pain and suffering damages beyond No-Fault benefits, your injury must meet the 'serious injury' threshold. This includes fractures, significant disfigurement, permanent loss or limitation of a body organ or function, or a medically determined injury that prevents you from performing substantially all daily activities for at least 90 of the first 180 days after the accident.
How much is my personal injury case worth?
Every case is different. Compensation in a NY personal injury case can include medical expenses, lost wages, future care costs, and pain and suffering damages. The value depends on injury severity, how clearly liability is established, insurance policy limits, and whether comparative negligence applies. No lawyer can promise a particular amount; a consultation is the place to talk through how these factors apply to your situation.
Do I need a lawyer for a car accident in Albany?
You are not required to hire a lawyer, but insurance companies assign trained adjusters and attorneys to claims quickly. Their goal is to resolve the claim for as little as they reasonably can. An attorney can explain your options, handle the procedural steps, and help you evaluate any settlement offer against your actual damages.
How does a contingency fee work?
Under a contingency-fee arrangement, the attorney's fee depends on the outcome of the matter instead of being billed by the hour. Personal injury matters are handled on a contingency-fee basis under a written retainer agreement: no attorney fee is charged if there is no recovery. You may still be responsible for court costs and case expenses, and the retainer agreement states whether those are deducted before or after the fee is calculated.
Step 6 of 6: Book your consultation
Ready to Talk to an Attorney?
(518) 941-8579Schedule a consultation: straightforward guidance, no obligation.
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The information on this website is for general informational purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.
Prior results do not guarantee a similar outcome.