An Albany personal injury lawyer reading papers relating to a client's claim.When the unthinkable happens, you need more than just a lawyer—you need a dedicated advocate who understands the unique challenges of life in Albany and the Capital Region. At Seraj Law, we provide the trusted representation, local knowledge, and proven results of an Albany personal injury lawyer to help you rebuild your life.

An unexpected injury can turn your life upside down in an instant. A car crash on I-90, a slip on an icy sidewalk, or a medical error at a local hospital can leave you facing medical bills, lost wages, and emotional trauma.

We serve clients across Albany and beyond, and we’re here to fight for the compensation you deserve.

Why Hire an Albany Personal Injury Attorney?

When you’re injured, choosing the right lawyer makes all the difference. A local Albany personal injury attorney offers distinct advantages that out-of-town firms simply can’t match.

Our deep familiarity with local courts, judges, and legal procedures ensures your case is handled with precision. We know the tactics local insurance companies use to minimize payouts and how to counter them effectively.

Accessibility is another key benefit. Our office is conveniently located in Albany, making in-person consultations, document drop-offs, and case updates seamless.

We leverage local resources, including Albany-based medical experts and investigators, to build a strong case tailored to your needs. Most importantly, we’re not just lawyers—we’re your neighbors.

We live and work in the Capital Region, and we’re committed to helping our community recover and thrive.

Personal Injury Practice Areas in Albany

Seraj Law offers services across a wide range of personal injury cases, ensuring comprehensive representation for Albany residents.

Car Accidents

Car accidents are a leading cause of injury in Albany, and among the most common personal injury claims across the entire US. From drunk driving collisions on Central Avenue to distracted driving crashes on the Northway, if something on the road can go wrong, it eventually will.

More than just representing drivers, we also handle cases of pedestrians and cyclists injured by negligent vehicle operators. Commercial vehicles such as trucks and buses, and grey areas like rideshare services also fall under our umbrella of operations.

Our team investigates every detail—police reports, traffic camera footage, and witness statements—to secure maximum compensation for medical expenses, vehicle damage, and pain and suffering.

Slip and Fall Injuries

Slips and falls are some of the most frequent causes of workplace injuries, but they can happen almost anywhere outside the office as well. Our slip and fall cases cover injuries from minor sprains to severe fractures, ensuring you receive fair compensation.

Property owners in Albany have a duty to maintain safe premises. Whether it’s an unshoveled sidewalk in Pine Hills, a wet floor in Crossgates Mall, or a poorly lit stairwell in a downtown business, we hold negligent property owners accountable.

Medical Malpractice

When healthcare providers fail to meet the standard of care, the consequences can be devastating. We handle cases involving surgical errors, misdiagnosis, delayed treatment, and medication mistakes.

Our access to top medical experts helps us prove negligence and secure justice for victims.

Workplace and Construction Accidents

Albany’s workforce—from construction workers at local sites to office employees downtown—deserves protection. We assist with workers’ compensation claims for workplace injuries and pursue third-party lawsuits when equipment failures or unsafe conditions cause harm.

Construction accidents, common in Albany’s growing infrastructure, are a particular focus, with cases involving falls, machinery malfunctions, and scaffolding collapses.

Catastrophic Injury and Wrongful Death

Catastrophic injuries like spinal cord damage, traumatic brain injuries, or wrongful death require experienced representation. We work tirelessly to secure compensation for long-term care, loss of income, and emotional distress.

For families who have lost a loved one, we pursue wrongful death claims with compassion and determination, ensuring financial stability during a difficult time.

Who Pays for a Personal Injury in New York State?

The person who pays for your injury depends on multiple factors, primarily based on New York’s “no-fault” insurance system and principles of negligence. That said, it is possible to step out of this system when certain circumstances are met.

No-Fault Insurance (Personal Injury Protection – PIP)

New York is a “no-fault” state for car accidents. This means that if you’re injured in a car accident, your own insurance company (or the insurance company of the vehicle you were in, if you didn’t own a car) will generally pay for your initial medical expenses and lost wages, regardless of who was at fault for the accident.

This coverage is called Personal Injury Protection (PIP) or “no-fault” benefits.

However, no-fault insurance has limitations:

  • Coverage Limits: PIP typically covers up to $50,000 in basic economic loss, including medical expenses, 80% of lost earnings up to a maximum of $2,000 per month for up to three years from the date of the accident, and up to $25 per day for other necessary expenses.
  • Serious Injury Threshold: To step outside the no-fault system and file a lawsuit against the at-fault driver for pain and suffering (non-economic damages), your injury must meet New York’s “serious injury” threshold. This threshold is defined by statute and includes categories like significant disfigurement, bone fracture, permanent consequential limitation of use of a body organ or member, or a medically determined injury or impairment of a non-permanent nature which prevents the injured person from performing substantially all of the material acts which constitute such person’s usual and customary daily activities for not less than 90 days during the 180 days immediately following the occurrence of the injury or impairment.

At-Fault Claims (Third-Party Claims)

If your injury meets the serious injury threshold, or if your case involves types of accidents not covered by no-fault (like slip and falls, medical malpractice, or workplace accidents), then the at-fault party’s insurance or the at-fault party directly will be responsible for compensation. In these scenarios, the general principles of negligence apply:

  • Negligent Party: The person or entity whose negligence caused your injury is ultimately responsible. This could be:
    • Another Driver: In a car accident where a serious injury threshold is met.
    • Property Owner: For slip and fall injuries due to unsafe premises.
    • Medical Professional/Hospital: In cases of medical malpractice.
    • Employer/Third-Party Contractor: For workplace or construction accidents.
    • Manufacturer: For injuries caused by a defective product.
  • Liability Insurance: Most individuals and businesses carry liability insurance to cover such situations. This insurance is the primary source of compensation for personal injury claims.
    • Auto Liability Insurance: Covers damages the at-fault driver is legally obligated to pay.
    • Homeowner’s/Renter’s Insurance: Can cover injuries occurring on a person’s property.
    • Commercial General Liability (CGL) Insurance: Covers businesses for various liabilities, including injuries to customers or employees (outside of workers’ comp).
    • Medical Malpractice Insurance: Carried by healthcare providers.
  • Uninsured/Underinsured Motorist (UM/UIM) Coverage: If the at-fault driver has no insurance or insufficient insurance to cover your damages, your own UM/UIM coverage can kick in to compensate you.

New York follows a pure comparative negligence rule for personal injury cases outside of PIP. This means you can recover compensation even if you’re partially at fault for an accident, but your award is reduced by your percentage of fault.

For example, if you’re 30% at fault and awarded $100,000, you’d receive $70,000. This applies to cases like car accidents, slip and falls, or other personal injury claims not covered by PIP.

Workers’ Compensation

For injuries sustained on the job, New York’s Workers’ Compensation system is generally the exclusive remedy against your employer. This means your employer’s workers’ comp insurance pays for your medical treatment and a portion of your lost wages, regardless of fault.

However, if a third party (not your employer or a co-worker) was also at fault for your workplace injury, you might have a separate personal injury claim against that third party.

In summary, who pays for your personal injury in New York State depends heavily on the specific circumstances of your accident, the nature of your injuries, and the applicability of no-fault laws versus traditional negligence principles. Our personal injury lawyers in Albany can help you identify all potential sources of compensation.

How Do I File a Personal Injury Claim in Albany, NY?

Navigating a personal injury claim can feel overwhelming, but we guide you every step of the way. Here’s what you can expect when you work with our Albany personal injury lawyers:

Step 1: Free Case Evaluation

Your journey begins with a no-cost, no-obligation consultation. We listen to your story, assess the merits of your case, and explain your legal options.

This is your chance to ask questions and understand your rights under New York law.

Bring any relevant documents (medical bills, police reports, pay stubs) to your consultation. Be honest about your accident and injuries, as this helps us build a strong case. We handle the rest, so you can focus on recovery.

Step 2: Investigation & Evidence Gathering

Once you hire us, we launch a thorough investigation. This includes collecting medical records, accident reports, witness statements, and expert opinions.

For complex cases, we may employ accident reconstruction specialists to recreate the incident and prove liability.

Step 3: Negotiation With Insurance Companies

Most personal injury cases settle before trial. We negotiate aggressively with insurance companies to secure a fair settlement that covers medical bills, lost wages, and pain and suffering.

Our local knowledge helps us anticipate and counter lowball offers from Albany-based insurers.

Step 4: Trial Preparation

If a fair settlement isn’t possible, we prepare for trial. This involves drafting legal documents, deposing witnesses, and developing a compelling courtroom strategy.

Our trial-ready approach often pressures insurers to offer better settlements.

Step 5: Settlement or Verdict

Whether through negotiation or a court verdict, we aim to secure the compensation you deserve. Most cases resolve within 6–18 months, though complex cases (e.g., medical malpractice or wrongful death) may take longer.

We keep you informed and involved throughout.

How Long Do I Have to File a Personal Injury Claim in Albany, NY?

The time limits you have to file a personal injury claim depend on the type of case you have, among several other factors. For most personal injury cases, the statute of limitations is three years from the date of the injury or when the injury was discovered (or reasonably should have been discovered).

This applies to cases like car accidents, slip-and-fall incidents, and product liability claims. If the injury involves a government entity, a Notice of Claim must be filed within 90 days of the incident, and the lawsuit must be filed within one year and 90 days from the date of injury.

Statute of Limitations for Medical Malpractice

The statute of limitations is two years and six months (30 months) from the date of the malpractice or from the end of continuous treatment for the same condition by the same provider. Exceptions include:

  • Foreign object cases: One year from the date the object was discovered or reasonably should have been discovered.
  • Missed cancer diagnosis (Lavern’s Law): Two years and six months from when the patient knew or should have known of the negligence, with a maximum of seven years from the date of the malpractice.
  • Minors: The statute may be tolled until the minor turns 18, but no claim can be filed more than 10 years after the malpractice.
  • Incapacity: If the patient is legally insane, the statute is tolled until the incapacity ends, with a maximum tolling period of 10 years.

Wrongful Death Statute of Limitations

Under New York Estates, Powers and Trusts Law (EPTL) § 5-4.1, the statute of limitations for a wrongful death claim in New York is two years from the date of the decedent’s death. The clock starts on the date of death, not the date of the underlying incident (e.g., the accident or malpractice that caused the death).

This is distinct from personal injury claims, which typically start on the date of the injury. Unlike some personal injury claims, the discovery rule generally does not apply to wrongful death claims.

The claim must be brought by the personal representative of the decedent’s estate (e.g., an executor or administrator) on behalf of eligible distributees (e.g., spouse, children, or other dependents).

Workers’ Comp Statute of Limitations

Under New York Workers’ Compensation Law § 28, the statute of limitations for filing a workers’ compensation claim is two years from the date of the injury or accident. The injured worker must notify their employer of the injury within 30 days of the accident.

Failure to provide timely notice may bar the claim unless the WCB excuses the delay (e.g., if the employer was not prejudiced or had actual knowledge of the injury).

What Makes Seraj Law Different From Other Personal Injury Law Firms?

At Seraj Law, we see ourselves as both seasoned professionals and a fresh perspective on New York law. Unlike high-volume firms, we maintain smaller caseloads to provide personalized attention, ensuring you’re never just a case number.

We’re available 24/7 for emergency consultations, recognizing that injuries don’t follow a 9-to-5 schedule. Seraj Law invests in top-tier resources, including private investigators, medical experts, and accident reconstruction specialists, to build airtight cases.

Our comprehensive approach maximizes your chances of a favorable outcome, whether through settlement or trial.

Looking for an Albany Personal Injury Law Firm? Call Seraj Law Today

If you or a loved one has suffered an injury due to someone else’s negligence, don’t wait to seek justice. The compassionate and experienced personal injury attorneys at Seraj Law are ready to provide the dedicated legal support you need.

We offer free, no-obligation consultations to discuss your case and outline your options, ensuring you understand your rights from the very first step.

Let us handle the legal complexities while you focus on your recovery. Contact Seraj Law today to schedule your free consultation and take the first step toward securing the compensation you deserve. We’re here to fight for your future.

 

Personal Injury FAQ

What Compensation Am I Entitled To?

You may be eligible for economic damages (medical bills, lost wages, rehabilitation costs), non-economic damages (pain and suffering, emotional distress), and, in rare cases, punitive damages for egregious conduct. We evaluate your case to pursue every dollar you’re owed.

What If I’m Partly at Fault?

New York follows a pure comparative negligence rule. Even if you’re partially at fault, you can still recover compensation, though it may be reduced by your percentage of blame. For example, if you’re 20% at fault and awarded $100,000, you’d receive $80,000. We work to minimize your fault and maximize your recovery.

How Much Does It Cost to Hire a Personal Injury Lawyer?

We work on a contingency fee basis, meaning you pay nothing up front. Our fee is a percentage of your settlement or verdict, depending on the case complexity. If we don’t win, you owe us nothing. This ensures access to quality representation without financial stress.

Will My Case Go to Trial?

Most personal injury cases settle out of court—about 95% resolve through negotiations. However, we prepare every case as if it’s going to trial to strengthen our leverage.

If a trial is necessary, we are ready to fight for you in Albany’s courts.

Seraj law

423 New Karner Rd, Suite 6, Albany, NY 12205

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