If you have been injured in an accident in Saratoga Springs, you likely have more questions than answers. At Anderson, Moschetti & Taffany, PLLC, our attorneys bring over 100 years of combined experience to help victims navigate the aftermath of life-altering injuries.
Below are answers to the most common questions we receive from victims in Saratoga County.
1. Do I have a personal injury case?
To pursue a personal injury claim in New York, three important elements of the case are:
- Negligence: Another party (a driver, property owner, or doctor) failed to act with reasonable care.
- Causation: The negligence caused your accident.
- Damages: You suffered injuries and/or financial losses (medical bills, lost wages, or pain and suffering) as the result of the negligence.
2. How much is my personal injury claim worth?
There is no “standard” value to a personal injury claim. The value of your case requires careful analysis by an experienced personal injury attorney of each of the three ingredients listed above. Within those three, there are several other factors that play a part in how your claim is valued. We pursue recovery for all damages for causally related injuries under New York law, including:
- Pain and Suffering: physical, psychological and emotional suffering.
- Diminished Loss of Enjoyment of Life: how one’s quality of life has been impacted by the injuries that were caused by the accident.
- Economic Damages: lost wages, benefits, cost of medical and related care, since the accident and continuing.
3. What is the deadline for filing a lawsuit in New York?
In New York, the statute of limitations for most personal injury cases is three years from the date of the accident. However, certain cases have much shorter deadlines:
- Medical Malpractice: Generally, 2.5 years from the date of negligence.
- Wrongful Death: 2 years from the date of death.
- Claims Against Municipalities: If you are suing the City of Saratoga Springs or Saratoga County, an initial claim must be filed/served within 90 days of the date of accident.
4. Can I still recover compensation if I was partially at fault?
Yes. New York follows a “pure comparative negligence” rule. You can still recover damages even if you were partially responsible for the accident. However, your total award will be reduced by the percentage that a jury allocates to you. For example, if you are awarded $100,000 but found 20% at fault, you would receive $80,000.
5. How do I pay for a personal injury lawyer?
At Anderson, Moschetti & Taffany, PLLC, we work on a contingent fee basis. This means:
- There are no upfront costs or hourly fees.
- We are paid if we successfully recover money for you via settlement or verdict.
- Your initial consultation is always free.
6. What types of cases do you handle in Saratoga Springs?
Our firm handles a wide range of complex personal injury matters, including:
- Motor Vehicle Accidents: Cars, commercial trucks, motorcycles, and pedestrians.
- Premises Liability: Slip and fall accidents, dog bites, and unsafe building conditions.
- Medical Malpractice: Surgical errors, misdiagnosis, and birth injuries.
- Construction Accidents: Falls from heights, scaffolding collapses, and equipment failure.
- Wrongful Death: Representing families who have lost loved ones due to negligence.
Visit Our Saratoga Springs Office
We are proud to serve the local community from our office located at: 6 Butler Place Saratoga Springs, NY 12866
Need immediate answers? If you’re ready to discuss the specifics of your accident, we are available now to review your case at no cost to you.