Capital District Car Accidents

Have you been hurt in an automobile accident in Upstate New York? Call Greg Garofalo, Esq. immediately to protect your rights at (518) 584-1557.

Tens of thousands of Upstate New York residents are involved in automobile accidents each year as motorists, passengers, motorcyclists, bicyclists, or pedestrians. People who have been hurt in serious car crashes often must deal with staggering medical bills, lost income, physical pain, and emotional trauma. If you or your family has been affected by a motor vehicle collision, experienced Upstate New York car accident lawyer Greg Garofalo, Esq. can help you take the steps necessary to get your family and you back on your feet. Mr. Garofalo has helped injured people for nearly three decades and provides personal service during difficult times in the lives of his clients. Mr. Garofalo is familiar with local judges and courts, and he often has obtained favorable results in cases that other attorneys have turned down.

Victims seeking to recover damages must prove that the allegedly responsible person or entity failed to use reasonable care under the circumstances and that the plaintiff suffered a “serious injury” as defined by NYS Law. A serious injury is defined by NY Insurance Law § 5102(d) as an injury resulting in:

1. death,
2. dismemberment,
3. significant disfigurement,
4. fracture,
5. loss of a fetus,
6. permanent and total loss of use of a body organ, member, function, or system,
7. permanent consequential limitation of use of a body organ or member,
8. significant limitation of use of a body function or system, and
9. 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. The failure to establish a serious injury will prevent you from seeking damages for pain and suffering.

Pursuing Maximum Compensation After a Serious Car Accident

You may be aware that New York is a “no-fault” state. You should submit your no fault application within 30 days after the accident or possible lost the right to get benefits. However, if an attorney can prove that they have suffered a “serious injury” as defined under New York State law a client may seek damages from the motorist whose carelessness led to the accident. If the responsible motorist does not have adequate liability insurance, an injured person also may make an uninsured or underinsured motorist insurance claim under their own policy.

A car accident lawsuit arising from a serious injury is based on the concept of negligence. The term “negligence” simply means that the defendant failed to act in the manner that a reasonably prudent person would have acted under the same or similar circumstances. Four separate elements are involved in a negligence case. These elements are duty, breach of duty, causation, and damages. In other words, the defendant’s careless conduct must have directly resulted in the crash, and the victim must have sustained damages that are reasonably quantifiable. The burden of proof is on the plaintiff to prove each element by a preponderance of the evidence, or show that it is more likely than not to be present. Under New York’s pure comparative fault rule, a defendant may ask the jury to assign some of the fault to the plaintiff. Although a finding of comparative negligence does not bar a plaintiff’s right to compensation, it may reduce their damages in proportion to the level of fault assigned to them by a jury. A prompt investigation into the cause of a crash may help combat or minimize the impact of a comparative fault argument, thereby increasing the plaintiff’s chances for a full and fair recovery of damages. These may be economic, such as medical expenses, lost earnings, and property damage, as well as non-economic, such as compensation for pain and suffering and loss of consortium, which is a companion claim typically filed by an injured person’s spouse.

Seek Guidance From A Knowledgeable Car/ Auto Accident Lawyer/ Attorney

If you are dealing with the aftermath of a crash, you need an Upstate car accident attorney Greg Garofalo, Esq. can give you the personal, comprehensive, honest, and trustworthy advice that you need. He is committed to asserting the rights of each client in a manner suited to their personal goals, and many of his cases have come through referrals from friends and family members. He works throughout the Albany and Schenectady area including such cities, town and villages as Colonie, Guilderland, Glenville, Niskayuna, Rotterdam and Scotia, among other areas.