Albany Car Accident Lawyer

New York requires all drivers to carry No-Fault (Personal Injury Protection) coverage of at least $50,000. After an accident, your own insurer pays your medical bills and up to 80% of lost wages (capped at $2,000/month) regardless of who caused the crash. No-Fault covers economic losses only — it does not pay for pain and suffering. To recover pain and suffering damages, your injuries must meet the serious injury threshold under NY Insurance Law § 5102(d).

To pursue pain and suffering damages in a NY car accident lawsuit, your injury must meet the serious injury threshold in NY Insurance Law § 5102(d). Qualifying injuries include fractures, significant disfigurement, permanent loss or limitation of a body organ or member, significant limitation of a body function or system, or a medically determined injury preventing you from performing substantially all daily activities for 90 of the first 180 days post-accident.

There is no set timeline. Cases that settle before a lawsuit is filed may resolve in three to twelve months depending on the insurer's cooperation and the clarity of your injuries. Cases that require litigation — filing suit in Albany County Supreme Court and going through discovery — can take one to three years or longer. Serious and catastrophic injury cases typically take longer because it is important to understand the full extent of long-term medical needs before settling.

New York requires drivers to carry Supplementary Uninsured/Underinsured Motorist (SUM) coverage. If the at-fault driver has no insurance or not enough insurance to cover your damages, your own SUM coverage can make up the difference, up to your policy limits. An attorney can help identify all available coverage, including SUM, so no source of compensation is overlooked.

Think carefully before you do. Initial settlement offers from at-fault insurers are often made before the full scope of your injuries is known. Once you accept a settlement and sign a release, you cannot seek more money later, even if your condition worsens. Before accepting any offer, speak with an attorney who can evaluate whether the offer reflects your full damages, including future medical costs and long-term wage loss.

Most car accident lawyers work on a contingency fee basis, meaning you pay no attorney fees unless they recover compensation for you. When they do, their fee is typically a percentage of your settlement or award. This arrangement allows accident victims to obtain quality legal representation regardless of their financial situation. 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.

Most car accident cases settle out of court through negotiations with insurance companies. However, your lawyer should be prepared to file a lawsuit and go to trial if necessary to secure fair compensation. The threat of trial often motivates insurance companies to make better settlement offers.

Yes, under New York's comparative negligence law, you can still recover damages even if you were partially responsible for the accident. Your compensation will be reduced by your percentage of fault, but you won't be completely barred from recovery unless you were 100% at fault.

Settlement amounts vary dramatically based on factors like injury severity, medical expenses, lost wages, and pain and suffering. Your lawyer can provide a more accurate estimate based on the specific facts of your case. No lawyer can promise a particular amount.