The City of Albany is the hub of State government. Located 150 miles north of New York City, Albany is home to the State Capitol, Governor's Mansion, New York State Museum, and many other attractions. The City of Albany is also the home of the New York State Supreme Court, Albany County Courthouse, as well as the Northern District of New York Federal Courthouse.
Albany's population includes a diverse mix of government employees, educators, physicians, professionals and those of varying backgrounds. The City had a population of just over 98,000 as of 2016.
As with many other cities, the City of Albany has a number of residents during the course of a year who are unfortunate enough to suffer serious injuries as a result of an accident cause by something other than their own doing. These injuries can often be severe, and can lead to lost time at work, severe debt from medical bills, and lost time with family members. The days and months following such an accident are critical.
Hiring a lawyer following an accident in Albany is a big decision, and is not one that should be taken lightly. The lawyer your chose to hire will become a critical part of your life during the course of representation.
Cases involving injuries in the City of Albany are typically handled at either the Albany County Supreme Court, located at the Albany County Courthouse, or the Northern District of New York Federal Courthouse, located on Broadway in downtown Albany.
Liability for injuries in the City of Albany
Generally speaking, to recover for injuries sustained in the City of Albany (whether from an insurance company or from the actual wrongdoer), four things must be established.
First, you must establish that the wrongdoer owed you a duty.
Second, you must establish that the wrongdoer breached that duty to you.
Third, you must show that the breach of the duty cause you damages.
Finally, you must prove what damages you have sustained as a result of the injury.
Duty of care
In New York State, and in the City of Albany in particular, residents generally owe each other a duty to act with "reasonable care." This means that you must act with reasonable precaution towards other citizens.
For example, if you are driving a car down Central Avenue in Albany, you have an obligation to drive that car in a safe manner, follow traffic laws, and generally take steps to ensure that you avoid causing an accident.
Breach of the duty of care
When someone who owes you a duty (another driver, for example), fails to act reasonably safe (by texting while driving, for example), they have breached that duty to you. If their action in breaching the duty causes an accident, they can be liable for negligence.
Even if someone breaches a duty owed to you, unless that breach has caused you, specifically, damages, it is unlikely that they will be held responsible. Therefore, if you suffer an injury in the City of Albany one of the most critical components of recovery is proving that the wrongdoer's actions actually caused your injuries.
Once you have established that the wrongdoer owed you a duty, breached or violated that duty, and caused you damages, you must prove just what those damages are. If you are injured in a car accident on Western Avenue in Albany, for example, you may prove damages by proof of medical treatment at Albany Medical Center Hospital, St. Peter's Hospital, or one of the many other medical providers in the area. You may also establish damages by showing that you missed work (via pay records), that you are treating for psychological problems (records), or that your family life has been adversely impacted (testimony of yourself and family members).
Truck, Car Accidents in the City of Albany
Automobile accidents are still one of the most common causes of injuries in the City of Albany. These accidents can happen on one of the city's common thoroughfares, such as Central Avenue, Washington or Western Avenue or State Street, on one of its more residential neighborhoods, or on one of the highways such as Interstate 787 or Interstate 90. Common causes of accidents are distracted driving, drunk driving, or failure to follow the basic rules of the road (speeding, etc.). These types of accidents often allow for recovery against the insurance company for the other driver who caused your injuries.
Medical Errors in the City of Albany
The City of Albany is home to multiple hospitals and nursing homes, as well as many healthcare providers. Most of them are qualified, and provide good patient care. Occasionally, however, a physician, nursing home, or hospital makes a mistake, and when this happens it can cause severe damage. Whether a failure to diagnose cancer, a medication error or overdose, an error by nursing staff, or a mistake by a podiatrist, oversights in the area of medicine can be devastating. If you have suffered injuries as a result of a medical error in the City of Albany it is critical to speak with an attorney regarding your rights and to do so in a timely fashion. Laws governing medical malpractice cases have strict timelines, and if you miss them you will be prohibited from pursuing a claim down the road.
Property owners in the City of Albany have an obligation to maintain their properties in a reasonably safe condition. This means that if they are aware of a dangerous condition on their property, such as a faulty step, slippery sidewalk, or falling tree, they have an obligation to repair or remedy the condition within a reasonable period of time of learning about it. If they fail to do so, and you suffer an injury as a result, they may be responsible in a negligence action. As with auto accidents and medical errors, you should speak with an attorney if you have suffered an injury on someone else's property, to be sure that your rights are protected.
D'Orazio Peterson - Personal Injury Attorneys in the City of Albany
Accidents in the City of Albany happen. When they do, and they were preventable, you may have legal recourse. This is where it makes sense to give us a call. We are a small firm, and we take pride in treating our clients like family members. Contact us through our website, or give us a call at 518-308-8339, we're happy to help.