Loading...

Car Accident | Lawyers/Attorneys

Home/Personal Injury/Auto Accident
Auto Accident2021-01-11T13:17:42+00:00

Automobile Accidents | Lawyers & Attorneys

Every driver has a duty to operate his automobile with reasonable care to avoid an accident. A driver must take into account existing weather, road and traffic conditions, maintain a reasonably safe speed, keep his/her vehicle under reasonable control, and keep a proper lookout to see and be aware of what is happening around him. When a driver fails to operate his vehicle safely and causes an accident, that driver is responsible for the injuries that are caused. If this happens to you, please call the car accident lawyers at LaMarche Safranko Law.

Any activity that distracts a driver’s attention from driving including talking on the phone, changing the radio station, plugging in a cell phone or texting, takes attention away from safe driving. Distracted driving is the leading cause of car accidents, ahead of drunk driving, and speeding.

The consequences of an automobile accident to you or a loved one can be crippling, both physically and financially. If you or someone you care about has been injured in a car accident you likely have questions and need guidance from a car accident lawyer about what to do and where to turn.

Frequently Asked Questions about Car Accidents

Our personal injury lawyers provide answers to some important questions below.

What should I do after a car crash?2020-12-11T00:33:30+00:00

The most important thing you can do after an accident is follow the advice of your doctors. That means going to all medical appointments and reporting all symptoms. Make sure your doctors are notified that you were injured in a car accident so they can bill their services to the proper insurance company. Remember to fill out a no-fault application within 30 days of the accident so the proper insurance company pays for the medical bills. Take pictures of your injuries so they are documented for the future. If possible, have someone take pictures of the automobile you were in, so that the damage to the vehicle can be shown. If there are witnesses, provide the names of the witnesses to your car accident lawyer so they can be contacted about what they saw.

Do I need an attorney?2020-12-11T00:36:08+00:00

If you’ve been involved in a collision, and if you’ve suffered injuries, you should contact a car accident attorney. There are many different laws applicable to automobile accident cases and you’ll want to ensure your rights are protected. Depending on who caused the accident, there are time limits and deadlines to pursue your case. If you miss deadlines, you may miss out on a recovery. Additionally, dealing with insurance companies can be challenging. Keep in mind that the insurance company for the motorist who caused the crash is interested in paying you as little as possible to settle your claim.

What should I bring to a meeting with my personal injury car accident lawyer?2020-12-10T18:05:25+00:00

While it’s usually not important to bring more than yourself to the meeting, the following can be helpful if you have them:

  • Accident report
  • Your own automobile policy or the declaration page for your policy
  • The insurance policies or the declaration pages for any relatives you reside with
  • Photos of your injuries
  • Photos of the automobiles involved in the crash
  • Any medical records you have in your possession
  • Receipts for any expenses incurred that are related to the accident
  • Last 2 years of tax returns (if you are expected to be out of work for an extended period of time)
How long will my automobile accident case take?2020-09-24T18:22:33+00:00

How long your personal injury case takes depends on many factors. Those factors are detailed in the blog “How Long Will My Personal Injury Case Take?”.

Will my case go to trial or can it be settled?2020-12-11T00:38:38+00:00

Whether a case goes to trial or resolves by way of a settlement is ultimately up to the client. A car accident lawyer can advise you about what is in your best interests, can talk to you about the risks and benefits of a trial as well as the risks and benefits of a settlement. But ultimately the decision to accept a settlement or go to trial is the client’s decision.  It is important to know that an insurance company is not required to make an offer to settle a case and, in those situations, a trial must occur.

Is there a deadline for filing an accident lawsuit?2020-07-08T16:00:54+00:00

Yes. Generally, the statute of limitations for a car accident is three years from the date of the accident. However, if a death occurs the statute of limitations is two years. In addition, shorter times may be applicable if the vehicle that caused the accident is owned by a municipality or public authority.

What is the New York No-Fault Law?2020-09-24T18:35:03+00:00

New York State’s No-Fault Law provides immediate protection to the injured party without lengthy and expensive legal battles over who was at fault and what money is owed. The law allows payment to drivers, passengers, and pedestrians for medical costs, lost wages, and all reasonable and necessary expenses incurred, up to $25 dollars per day. The total amount available coverage under the no-fault law is $50,000. However, there may be additional personal injury protection coverage available under the insurance policy.

How do I obtain No-Fault benefits?2020-09-24T18:37:08+00:00

To claim No-Fault benefits following a car accident, you must submit a no-fault application to the automobile insurance carrier for the vehicle you were in when the accident occurred. If you were a pedestrian or a bicyclist, the application should be submitted to the insurance company for the vehicle that hit you. If you were on a bus, it should be submitted to your own automobile insurance carrier. You must send the application for motor vehicle no-fault benefits within 30 calendar days after the accident. Many people mistakenly think the insurance for the car that caused the accident is supposed to pay for your no-fault benefits. No-Fault benefits are different than a personal injury claim for your serious injuries. If you have suffered “serious injuries” you are entitled to file a bodily injury claim against the driver who caused the accident.

Does No-Fault pay for damage to my vehicle?2020-07-08T15:59:44+00:00

No. No-Fault does not pay for damage to your motor vehicle or personal property damaged in the accident. A separate property damage provision of an available automobile insurance policy will pay for the damage caused to your vehicle.

Is there more than the $50,000 No-Fault policy available to compensate me for my injuries?2020-07-08T15:58:48+00:00

Yes. There are different types of available insurance. The $50,000 No-Fault insurance will only pay for your medical bills, lost earnings and reasonable and necessary expenses incurred, up to $25 dollars per day. There may be additional no-fault coverage known as “additional personal injury protection” available under the terms of the relevant automobile insurance policy. Additionally, if you have suffered a “serious injury” there is a different “liability policy” that can be pursued.

Do I have to suffer a serious injury to sue the driver that hit me?2020-07-08T15:58:29+00:00

Yes. In New York, if you have been involved in an automobile accident, you can only sue the other driver that hit you if you have suffered a “serious injury”.

What is a “Serious Injury”?2020-12-02T19:06:20+00:00

A Serious Injury is defined as follows:

  • Death
  • Dismemberment
  • Significant Disfigurement
  • Fracture
  • Loss of a fetus
  • Permanent loss or use of a body organ, member, function or system
  • Permanent consequential limitation of use of a body organ or member
  • Significant limitation of use of a body function or system;

https://www.lamarchesafrankolaw.com/new-york-courts-get-serious-about-ptsd/

  • 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.
What if the other driver has only limited coverage, is that all I can get for my injuries?2020-07-08T15:57:05+00:00

The answer is – it depends. Is there any other vehicle or any other party that is at fault for causing the crash? Do you have supplementary uninsured/underinsured motorist (SUM/UM) coverage under your own policy? Of course, there is also the remedy of suing the defendant personally if the defendant has sufficient assets to justify this type of claim.

What is Supplementary Uninsured/Underinsured Motorist (SUM/UM) coverage?2021-03-17T22:50:16+00:00

In general, Supplementary Uninsured/Underinsured Motorist (SUM/UM) coverage applies if another driver who causes an accident has little or no automobile insurance coverage. For example, if you have been injured by another driver who has a $25,000 liability insurance policy but you carry $100,000 of SUM coverage, you can pursue a claim against your own policy (or the policy of a family member who lives with you) for the difference, in this example $75,000, to help compensate you for the injuries you’ve suffered.

Will my insurance premiums go up if I have to use my own policy?2020-07-08T15:53:48+00:00

If you were not at fault in the accident and use your own insurance policy, your insurance premiums should not go up. However, if you were at fault in the accident, you will likely see an increase in your insurance premiums. Many people are reluctant to seek compensation from their own policy following an accident. However, you’ve paid for the insurance policy so it’s there if you need it. In most instances, if you are using your own insurance policy, it’s because you have suffered a significant injury. The benefits you will receive from the policy will far outweigh any possible but unlikely insurance premium increase.

If the insurance company for the driver who hit me offers a quick settlement should I accept it?2020-12-11T00:41:06+00:00

It is often not in a person’s best interest to accept a quick settlement with the insurance company. If you have suffered injuries, it is advisable to first consult with a car accident lawyer, who can assess the full extent of your injuries. Usually, determining the full extent of your injuries takes time, and an early offer by an insurance company may be an attempt by the insurance company to settle your case for less than it’s worth.

Car Accident Lawyer Attorney Albany NY

Timeline of a Personal Injury Case

  • If injured, when ready, contact a personal injury lawyer to determine if a claim can be pursued on your behalf

Personal Injury Lawyers Attorneys Lamarche Safranko Law Firm Albany NY

  • Meet with a lawyer to discuss the incident
  • Bring medical records or other relevant documents including an accident report if available
  • Your lawyer will help you understand the process of a personal injury case

Personal Injury Lawyers Attorneys Lamarche Safranko Law Firm Albany NY

  • Follow the doctors’ advice
  • Go to all medical appointments
  • Report all symptoms to doctors
  • Take photos of injuries
  • Tell lawyer anytime a new doctor is seen

Personal Injury Lawyers Attorneys Lamarche Safranko Law Firm Albany NY

  • Determine how and why the injury occurred
  • Speak with witnesses
  • Obtain any investigative reports
  • Obtain scene, vehicle and product photos, as applicable
  • Obtain medical records and bills
  • Consider all possible claims and theories of liability against any potential defendant
  • Consult with experts

Personal Injury Lawyers Attorneys Lamarche Safranko Law Firm Albany NY

  • Communicate and negotiate with the insurance company
  • Obtain a settlement or pursue a lawsuit

Personal Injury Lawyers Attorneys Lamarche Safranko Law Firm Albany NY

  • File a summons and complaint prior to the statute of limitations
  • Serve the legal documents on the defendants

Personal Injury Lawyers Attorneys Lamarche Safranko Law Firm Albany NY

  • Prepare and exchange evidence with the other lawyers in the case
  • Conduct depositions of all relevant parties (also called EBTs)
  • Defense medical examination conducted
  • File motions (written applications) to the court if necessary

Personal Injury Lawyers Attorneys Lamarche Safranko Law Firm Albany NY

  • Participate in arbitration or mediation if appropriate
  • Determine liens if any
  • Settle the case or proceed to trial

Personal Injury Lawyers Attorneys Lamarche Safranko Law Firm Albany NY

  • You have the right to a trial by jury or by the judge who will act as both judge and jury
  • At a trial, the injured person must prove it was more likely than not that the defendant was negligent and caused injuries
  • The judge or jury will listen to all the evidence presented and the arguments by the lawyers, apply the facts to the law, and render a decision

Personal Injury Lawyers Attorneys Lamarche Safranko Law Firm Albany NY

Recent Verdicts & Settlements

Federal Employers Liability Act/FELA
Plaintiff suffered a significant back injury while working for CSX.

$1,100,000.00

Worksite Injury
Plaintiff was injured when a fork from a forklift truck fell on top of his left leg, severely fracturing the tibia and fibula, requiring numerous surgeries and resulting in a permanent, partial loss of use of his leg.

$1,016,000.00

Worksite Injury
Plaintiff, a roofing contractor, suffered a fractured skull, cervical spine fracture and fractured ribs after falling from a roof. The injuries left him with chronic pain and fatigue, limited tolerance for walking, lifting, or carrying and limitations in his hearing and vision.

$900,000.00

Worksite Injury
Plaintiff was an ironworker who was injured when he fell from a ladder, suffering fractures to both elbows resulting in permanent loss of strength and loss of range of motion in both arms. His impairment limited the number and types of employment opportunities and limited his future earning potential.

$750,000.00

Automobile Accident
Plaintiff was a passenger in a vehicle which went off the road and rolled over, causing him to suffer significant permanent injuries, including skull fracture; fractured mandible requiring surgical placement of plates and screws; facial fractures and lacerations; sternal fracture; spinal fractures; lacerations to spleen, liver and lung; multiple rib and toe fractures; tinnitus and hearing loss; post-traumatic stress disorder; facial scarring and numbness.

$1,300,000.00

Wrongful Death
Plaintiff, a 49-year-old man, was discharged from the hospital with critically low levels of potassium, which precipitated a fatal arrhythmia at home and subsequently caused his death. His family brought a claim against the hospital for medical negligence and wrongful death.

$650,000.00

Nursing Home Negligence
An 87-year-old man was discharged from a local hospital on the afternoon of his death and returned to his assisted living facility. His health began to deteriorate throughout that evening; a nurse was told to check on him but never did. Facility staff found him unconscious on the floor in his room later that evening; paramedics were unable to revive him. It was claimed that the facility failed to obtain appropriate medical advice, assistance and treatment.

$250,000.00

Medical Negligence
Plaintiff suffered injuries as a result of negligent monitoring of prescription medication.

$500,000.00

Farm/Tractor Accident
The infant plaintiff fell from a tractor being operated by a farm employee and was run over by the tractor. The 10-year-old boy suffered a femur fracture requiring surgery, multiple facial fractures requiring surgery, foot and toe fractures and loss of consciousness.

$400,000.00

Bicycle Accident
Plaintiff suffered two dislocated shoulders and a dislocated elbow after he was struck by a vehicle, which negligently swerved onto the shoulder and into the bike lane.

$250,000.00

Negligent Assault
Plaintiff was assaulted outside of a bar in Saratoga and as a result suffered a traumatic brain injury, a fractured skull, brain swelling and brain bleeding, facial contusions and bleeding, as well as lacerations and bruises on his body.  He also suffered from short and long term memory deficits and other cognitive deficits.

$400,000.00

* Prior results do not guarantee future outcomes.

LaMarche Safranko Law Testimonials

Loading...

Vicki Testimonial Transcript
Well, I met George in 2014. My son was arrested for a criminal offense, and George—he has this ability, it’s just who he is. He’s genuinely empathetic and he’s very compassionate and he has the ability to just make you feel safe. You know? I just always felt I was in great hands and my son was in good hands and that we would have a good outcome of our situation and we always have. And he’s brilliant. He’s a brilliant lawyer. He’s very skilled and very creative. He has excellent rapport with all the judges and DAs and officials, and he’s always found a rehabilitative outcome for my son which I genuinely appreciate.

Laurie Testimonial Transcript
George was referred to me by my estate attorney. They go way back and it was a great referral, I don’t think I could have done any better, it was a very good match for me. Something that was really really instrumental in the whole thing was George keeping us up-to-date on what was going on and very much included. I was invited to be at all the depositions if I wanted to be and he gave me all the written depositions to read through, so I was always up-to-date on what was going on and I felt like a part of the process. I would definitely recommend George to other people. In fact, about 2 weeks ago I did. A friend of mine was in a pedestrian car accident, she was the pedestrian and is in pretty rough shape, and he was the first person I thought of so I actually asked him if it would be in his purview and he said yes. And I know that she’s very happy with him so far.

Jules Testimonial Transcript
What brought me to the firm was a personal incident where Andrew was recommended to me very highly by a family friend who’s also an attorney, and Andrew represented me to great satisfaction in that case. What impressed me the most about Andrew was his direct straightforward approach, and he has this incredible way of setting you at ease and yet telling you the good and the bad of a situation. I felt that he was very much a straight shooter and lived up to the reputation that preceded him. I would recommend them and Andrew Safranko to anybody in the world. They’re just that class of a group of people.

Chuck Testimonial Transcript
Well, I came to LaMarche Safranko Law because I knew Andy was here and he’s helped me in the past and I just feel so comfortable coming to him because you know you’re going to get the best outcome that you can get in a criminal law field. He’s done such a fabulous job for me and I’ve seen what he does for me, so I’m sure he’ll do the same—put out the same effort and energy and zeal it takes to win their case like he has mine. I would feel very comfortable recommending him.

“The staff at LaMarche Safranko Law took care of  whatever I needed, it was just fabulous. It was top shelf, if I called, I got George. If he was in a meeting, they left him a message. He called me right back after the meeting. Everybody was very courteous and very nice there. If I left a voicemail, everybody got back to me quickly. The level of service  was very, very good and I would Highly recommend them.”

Click here to read more…

A personal injury client from Cohoes, NY

“My family and I cannot thank George and his staff enough for all of the support and guidance they have given us over the past six months. Anyone who has ever suffered a personal injury knows how difficult they are to overcome, but I’m glad we had such an intelligent and hardworking attorney on our side so I could focus on my recovery rather than on the details of the case….

Click here to read more…

A personal injury client from Waterford, NY

“Dear Andrew and George,

I cannot thank you enough for your hard work, diligence, and selfless manner that you put towards my legal difficulties in Colonie. From the first moment I met you, you helped reassure me that things were going to turn out in a more favorable manner than I originally thought. Clearly, the final result of my court case displays the quality of time and work that you put into this….

Click here to read more…

A client from Colonie, NY

“I am an attorney who found himself in the middle of a serious, personal legal matter that compromised not only my personal life but my professional life as well. I immediately contacted Andrew (Andy) Safranko, Esq. Andy worked tirelessly and extremely hard to bring my legal situation to a very favorable resolution. In so doing, Andy not only saved certain aspects of my personal and professional life

Click here to read more…

Anonymous Attorney from Albany, NY

“Dear Mr. Safranko,

Thank You so much for answering my question, and so expediently!

The dedication, respect, and consideration with which you treat your clients, current and past, is remarkable. It is why I reached out to you when searching in my time of need, and why I would highly recommend…

Click here to read more…

A client from Albany, NY

“Dear George, Andy and Staff,

Thank you all for your kindness and all your help in getting back to my wellbeing and life.  I could not have done it without you all.  Everything is going so well again.  I recommend you highly. Thanks Again!”

Click here to read more…

A client from Troy, NY

“Throughout the attorney client relationship regarding my personal injury lawsuit, George and his staff continually exhibited tremendous amounts of legal knowledge, skill, and a vast amount of expert resources that ultimately resulted in a final judgment in my favor.  George was there every step of the way to explain where we stood and what to expect next and there was never a need to question his professional judgment…

Click here to read more…

A client from Troy, NY

“Dear Andy,

Thank you so much for everything you have done for our son over the last three years.  This has been a very challenging time for our family and the knowledge that our son has an attorney as capable and amazing as you are has given us peace of mind!

Click here to read more…

Parents of a client from Cropseyville, NY

“I cannot thank George E. LaMarche lll and his team for the excellent legal work they provided for my son, and in extension, our entire family. His experience, knowledge of the law, networking ability and communication is second to none. In our case, our son was wrongly accused by a small town police officer and charged with 5 tickets…

Click here to read more…

A client from Altamont, NY

“I wanted to take this opportunity to thank you for your excellent representation on my recent matter. I have worked with lawyers, and in law firms much of my professional life, but I have never encountered the rare mix of skill, integrity and humanity in one individual—you….

Click here to read more…

A client from Rensselaer, NY

“I can honestly say that the best decision I’ve ever made was retaining George LaMarche as my attorney. I was in a situation where everything wasat risk; my career, livelihood, and the ability to provide for my family. In desperation, I contacted over a dozen attorneys. The majority of the lawyers I spoke with promised results without seeing paperwork or knowing valuable facts….

Click here to read more…

A client from Albany, NY

“No one likes to be in a bad situation, but if you need a lawyer George is your man. Not only does he point you in the right direction he offers good advice for your future. As much as we bring him business he does not encourage that next time anticipation….

Click here to read more…

A client from Albany, NY

“I wanted to express my deepest appreciation to Mr. Andrew Safranko for the exceptional job he did in regards to my legal representation. Mr. Safranko displayed the utmost in professionalism and discretion during the entire court process, and took the time to explain each and every step….

Click here to read more…

A client from Schenectady, NY

“The arrest of my husband in 2008 was an extremely difficult and emotional time for our family. The arrest turned our lives upside down. It was sudden and unexpected and had tragic emotional as well as financial consequences. I had no idea what to do under the circumstances….

Click here to read more…

A client from Upstate New York

Car Accident Lawyers | Automobile Accident Attorneys

Albany NY
Go to Top