When an accident leaves you injured and enduring pain and suffering, facing medical bills, lost income, and emotional distress, knowing where to begin with a personal injury claim can feel overwhelming. The attorneys at Anderson, Moschetti & Taffany, PLLC have decades of experience helping clients throughout Albany County and Upstate New York pursue compensation for their losses.
This guide explains the steps involved in making a personal injury claim—but is no substitute for contacting an experienced personal injury attorney, like those at our firm.
1. Get Medical Attention Immediately
Your health comes first. Even if your injuries seem minor, get checked by a medical professional right away. Follow the advice of EMT or other emergency personnel at the scene of the accident. Some injuries—like concussions or internal damage—may not show symptoms immediately.
If you delay seeking care, you risk not obtaining the proper or full diagnosis and proper treatment for your injuries, which could impair or prevent a full recovery.
2. Report the Accident
Always report the incident to the proper authorities or responsible party—this begins in the immediate aftermath of the accident:
- Car accident: Contact the police and report what happened and your symptoms at the scene, and then follow up by filing an accident report with the DMV as soon as possible.
- Workplace injury: Notify your employer or supervisor immediately and file a report to enable obtaining workers’ compensation benefits.
- Slip and fall or premises accident: Report the incident to whomever is at the premises at the time of the accident, whether it be a manager, property owner, or business staff.
- Dog bite or assault: Contact animal control or law enforcement.
Request copies of all reports generated —these are valuable pieces of evidence in your claim.
3. Document Everything
Evidence is key to a successful personal injury claim. Gather and preserve as much information as possible, including:
- Photos or videos of the scene, of the vehicles if a motor vehicle accident, and if possible, your injuries
- Contact information for witnesses
- Medical records and receipts
- Repair bills (for damaged vehicles or property)
- Document pain and suffering, convalescence, and key ways in which your life is impacted, during treatment and recovery
The more documentation you have, the stronger your case will be.
4. Contact an Experienced Albany County Personal Injury Lawyer
Before you speak to anyone from the offending party’s insurance company, or a claims representative, contact one of our attorneys at Anderson, Moschetti & Taffany, PLLC. We will handle all communication with the other side and ensure that your rights are protected. We provide free consultation and will determine the best course of action.
We will:
- Explain your legal rights
- Evaluate the full value of your damages
- Handle all communications with insurance companies and lawyers for the other side
- Ensure you meet all filing deadlines under New York law
Having a lawyer early in the process protects you from costly mistakes and ensures that your rights will be fully protected in order that you will receive the best possible recovery under New York law.
5. Determine Liability
Establishing who is legally responsible for your injury is a critical step. In some cases, multiple parties may share fault—for example, another driver, a property owner, or a product manufacturer.
Your attorney will investigate the details of your accident, collect evidence, and identify all responsible parties. He will make sure that the claim is brought in a timely manner. All steps will be taken to maximize your potential recovery.
6. File the Claim with the Insurance Company
Once investigation is complete, a determination will be made as to whether suit should be instituted, and if so, your attorney will file a formal claim against the party or parties responsible. This claim outlines your injuries, damages, and the compensation you are seeking.
In some situations, there will be an opportunity for negotiation and possible settlement without instituting a lawsuit. Your attorney will handle negotiations and you communicate with you every step of the way.
7. Negotiate a Settlement
Most personal injury claims are resolved through settlement negotiations rather than court trials.
Your lawyer will present evidence of your losses—including proof of pain and suffering, medical expenses, lost wages, and long-term effects of your injuries—to secure the best possible compensation.
If a fair settlement cannot be reached, your attorney will prepare your case for trial.
8. File a Lawsuit (If Necessary)
If attempts to settle your case fail, your attorney will file a personal injury lawsuit in the Supreme Court, whether it be Albany, Saratoga, Rensselaer or other county within the Capital District.
The process may include all or some of the following steps:
- Discovery (exchange of evidence and witness information)
- Depositions
- Expert evaluations
- Pre-trial motions
- Mediation or settlement conferences
- Trial
At Anderson, Moschetti & Taffany, PLLC, we prepare every case as if it will go to trial—ensuring we are always ready to proceed to trial if necessary.
9. Understand Time Limits (Statute of Limitations)
In New York, you generally have three years from the date of the accident to file a personal injury lawsuit. However, there are exceptions—such as cases involving government entities or wrongful death—which have MUCH shorter deadlines.
Contact us immediately to avoid missing critical filing dates.
10. Keep in Contact with Your Attorney
Communication with your legal team is key throughout your case. Keep us informed about new medical updates, expenses, and changes to your condition.
Your attorney will also keep you updated on negotiations, court dates, and settlement negotiation.
Common Mistakes to Avoid
- Speaking to insurance adjusters without legal advice
- Posting about your accident on social media
- Missing medical appointments
- Accepting an early settlement offer
- Waiting too long to contact an attorney
These mistakes can significantly reduce your compensation or even jeopardize your claim.
Get Help from Trusted Albany County Personal Injury Lawyers
Undertaking a personal injury claim may feel daunting, but you don’t have to go through it alone.
At Anderson, Moschetti & Taffany, PLLC, we provide personalized legal representation for clients throughout Albany County, Saratoga County, Rensselaer County and surrounding areas. Our team fights tirelessly to secure the justice and compensation you deserve.