Syracuse Personal Injury Law Blog

Damages for Victims of Drunk Driving Accidents in Syracuse

Published on: June 1, 2018 | By Jeff DeFrancisco

Despite tough laws and countless awareness campaigns, drunk driving remains a big problem in New York and across the United States. If you or someone close to you was injured in an auto accident caused by a drunk driver, we can help. At DeFrancisco & Falgiatano Personal Injury Lawyers, our Syracuse drunk driving accident lawyers are committed to getting our clients the compensation they deserve for their harm. While no amount of money can undo the harm you have suffered, the compensation can help ease the burden of bills that often accompany such accidents.

According to the Centers for Disease Control and Prevention, over a million people were arrested for driving under the influence in 2016. The same year, approximately 28 percent of all traffic-related fatalities across the nation involved alcohol-impaired driving. In New York, there were 283 traffic deaths due to alcohol-impaired driving, which translates to 28 percent of all traffic deaths in 2016, according to the National Highway Traffic Safety Administration.

Drivers in New York are legally driving while intoxicated (DWI) if they have a blood alcohol concentration (BAC) of 0.08 percent or higher. The threshold is lower for commercial drivers, who will be charged with a DWI if they are operating a motor vehicle with a BAC of 0.04 percent or higher. It is important to note that the use of any drug (legal or illegal) that impairs a person’s ability to drive can also form the basis of a DWI.

Motorcycle Accidents Caused by Lack of Helmets in Syracuse

Published on: May 23, 2018 | By Jeff DeFrancisco

If you were hurt in a motorcycle accident that was not your fault, you need to contact a Syracuse motorcycle accident attorney without delay. At DeFrancisco & Falgiatano Personal Injury Lawyers, we thoroughly understand New York motorcycle laws and can help you file an accident claim to recover the damages you deserve for your harm. You can rest assured that we are committed to protecting your rights at every step of the way.

New York has a law that requires motorcycle riders and passengers to wear a helmet regardless of age, licensing, or level of riding experience. Essentially, the law applies to anyone on a motorcycle. The relevant law is found in the Vehicle and Traffic Law at Section 381(6), which states that “it shall be unlawful for any person to operate or ride upon a motorcycle unless he wears a protective helmet.” The helmet must meet federal regulations.

Motorcycle riders are susceptible to catastrophic injuries when they get into an accident. The risk of injuries can greatly increase when individuals on motorcycles are not wearing a helmet. Data from the New York Department of Health reveal that motorcycle helmets are estimated to be 37 percent effective in preventing fatal injuries to motorcycle riders and 42 percent effective for passengers. In addition, helmets are 67 percent effective in preventing brain injuries in crashes; riders without helmets are three times more likely to have a brain injury as a result of a crash when compared to riders wearing helmets.

Auto Accidents in Syracuse School Zones

Published on: May 16, 2018 | By Jeff DeFrancisco

Unfortunately, motorists often speed through school zones, endangering young children and adults who are crossing the street to get to school. If you or your child has been injured in an auto accident within a school zone, you may be entitled to compensation for your harm. At DeFrancisco & Falgiatano Personal Injury Lawyers, our hard-working Syracuse car accident attorneys can help you understand all of your options and guide you through the legal process of filing a personal injury claim against the at-fault party.

Every year, a number of children are hurt in school zone accidents. A 2015 report by the Federal Highway Administration reveals that about 44 children are hurt in pedestrian accidents involving automobiles on a daily basis. Many of these accidents take place while kids are walking to or from school. The Transportation Research Board reports approximately 25,000 children are hurt every year in school zones. Interestingly, however, the majority of pedestrians who are hit by a vehicle in school zones are adults.

Motorists are required to use extra care when driving through school zones. As a result, New York law imposes lower speed limits for these areas than other roads. The speed limit is posted before you enter the school zone so that you know to be vigilant. In addition, the sign will usually say which hours the school zone is in effect. The lowest speed limit that is allowed under New York law is 15 miles per hour, and school zone speed limits will typically range from 15-20 miles per hour.

Kidney Stone Malpractice in Syracuse

Published on: May 9, 2018 | By Jeff DeFrancisco

Kidney stones are said to be among the most painful conditions a human being can experience. When you are suffering from kidney stones, you want competent care and relief. Unfortunately, this does not always happen. If you or someone close to you has suffered complications due to a physician’s negligent diagnosis or treatment of kidney stones, you may be entitled to recover compensation through a medical malpractice claim. At DeFrancisco & Falgiatano Personal Injury Lawyers, our seasoned Syracuse medical malpractice attorneys can provide you with the guidance you need to file a malpractice claim.

Kidney stones are small, hard pebbles formed in the kidneys from minerals and acid salts. They can be as small as a grain of sand or as large as a pearl. Kidney stones pass through the urinary tract, from the kidneys to the bladder. Before passing them through urination, patients offer suffer extreme pain in the back, side, abdomen, or groin. According to the National Kidney Foundation, more than half a million people go to emergency rooms for kidney stone problems every year. In fact, the prevalence of kidney stones in the United States has increased in both men and women from 3.8 percent in the late 1970s to 8.8 percent in the 2000s.

When a doctor or other medical professional fails to diagnose kidney stones or uses unnecessary means to diagnose kidney stones, the risk of harm to the patient significantly increases. Typically, the diagnosis of a kidney stone starts with a medical history, physical examination, and imaging tests. The doctor will then decide how to treat your stone based on the size and location of it.

New York Doctor’s Negligence Leads to Patient Death in Botched Abortion Case

Published on: May 4, 2018 | By Jeff DeFrancisco

Botched abortions can have devastating consequences for a patient. If you or someone you love has been a victim of abortion malpractice, you need to reach out to a seasoned Syracuse medical malpractice lawyer who can provide you with skilled legal representation in your case. At DeFrancisco & Falgiatano Personal Injury Lawyers, we understand that abortion malpractice can cause a patient both physical and emotional distress, which is why we are committed to vigorously advocating for your rights at every step of the way.

In a recent case, a 30-year-old New York woman died from complications after getting an abortion at 25 weeks pregnant. The woman seeking the abortion bled to death after the doctor allowed her to leave the clinic despite signs of grave danger (such as the patient collapsing in the bathroom of the doctor’s clinic). He gave her no further instructions or advice about seeking medical attention.

While driving home, she fell unconscious, and her sister called 911. By the time the medics arrived, the patient was already dead. The doctor’s clinic shut down shortly after her death. The doctor’s conduct in the case went beyond civil liability. He recently pled guilty to the charge of criminally negligent homicide, which carries a sentence of 1.3 to four years of jail time.

Can You Sue a Syracuse Medical Professional for an Opioid Addiction?

Published on: May 1, 2018 | By Jeff DeFrancisco

Opioid addiction can have deadly consequences for a patient. If you or a loved one has been hurt or someone you love has passed away due to an opioid overdose, you may have legal rights. At DeFrancisco & Falgiatano Personal Injury Lawyers, our Syracuse medical malpractice lawyers can examine your case and help you understand your rights.

There has been a lot of speculation around singer Prince’s death. Based on a criminal investigation, it is believed that Prince died as a result of overdosing on what he believed were prescription opioids such as Vicodin, but were actually the black market version of these drugs, containing the much more powerful synthetic opioid fentanyl. Investigators could not figure out where Prince may have gotten these counterfeit drugs and, as a result, did not charge anyone in the death.

Prince’s family, however, recently filed a malpractice lawsuit against a hospital in Illinois that treated Prince’s first opioid overdose a week before his death. The lawsuit states that Prince’s death was a “direct and proximate cause” of the hospital failing to appropriately diagnose and treat the overdose. The lawsuit also claims that the hospital failed to investigate the cause of the overdose and provide proper counseling. In addition, the family is suing Walgreens, alleging that the pharmacy dispensed narcotic prescription medications to the pop star.

Vision Injuries Caused by Accidents in Syracuse

Published on: April 30, 2018 | By Jeff DeFrancisco

Vision loss can affect every aspect of your life. Not only can this type of injury hinder your day-to-day life, but it can also have a deep psychological and emotional toll on a person. If you or your loved one suffered vision loss in an accident caused by someone else’s negligence, you may be able to take legal action against the at-fault party. At DeFrancisco & Falgiatano Personal Injury Lawyers, our skilled Syracuse personal injury attorneys understand how to navigate complex personal injury cases and can apply our experience to your case.

Once vision is gone, it is rare for it to come back. Vision loss refers to eyesight that cannot be corrected to a normal level, even with the use of aids such as glasses or corrective lenses. Blindness, on the other hand, typically refers to lack of vision. Vision injuries may include corneal abrasion, partial vision impairment, loss of peripheral vision, optic nerve injury, detached retina, and even blindness.

In many cases, vision loss is caused by someone else’s negligence. Examples of accidents that may lead to vision loss include but are not limited to medical malpractice, car accidents, pedestrian accidents, defective products, slip and falls, sports injuries, or workplace injuries. Specifically, direct trauma to the eye can result in vision impairment or vision loss. No matter the cause of the injury, we can most likely help you hold the responsible party accountable.

Traumatic Brain Injury in Syracuse and Throughout New York

Published on: April 23, 2018 | By Jeff DeFrancisco

A traumatic brain injury can dramatically alter the lives and families of those affected. If you or a loved one has suffered a traumatic brain injury in an accident that was not your fault, you deserve compensation for your harm. At DeFrancisco & Falgiatano Personal Injury Lawyers, our seasoned Syracuse brain injury lawyers are committed to helping clients and their families find the resolution they need in their case. We know each case is unique, which is why we offer personalized representation at every step of the way.

Traumatic brain injury (TBI), also known as an intracranial injury, occurs when an external force such as a bump, blow, or jolt to the head injures the brain. TBI typically disrupts the normal function of the brain. Mild TBI may affect the brain cells temporarily, whereas more serious TBI can result in long-term damage or even death.

A variety of accidents can lead to TBI, including but not limited to motor vehicle crashes, slip and falls, sports accidents, construction accidents, defective products, and assaults. According to the Centers for Disease Control and Prevention (CDC), TBI is the leading cause of death and disability among people aged one to 44. CDC data also reveals that almost eight out of 10 TBIs among older adults are caused by a fall. A person who has suffered a TBI is more likely to die from seizures, unintentional drug poisoning, infections, and pneumonia.

Coronary Artery Bypass Malpractice in Syracuse

Published on: April 16, 2018 | By Jeff DeFrancisco

Coronary artery bypass surgeries are among the most common types of coronary surgeries. A mistaken diagnosis or misplaced cut can result in serious injuries or even death to a patient. If you or someone close to you has suffered preventable injuries during or immediately after a coronary artery bypass surgery, you need to reach out to a Syracuse medical malpractice attorney without delay. At DeFrancisco & Falgiatano Personal Injury Lawyers, we have helped many clients recover the compensation they deserve for their harm.

Coronary artery disease is a condition in which cholesterol and calcium plaque build up inside the coronary arteries and interfere with the oxygenation to the heart muscle. The plaque can harden and can rupture, and this significantly interferes with blood flow in the heart. Coronary artery bypass surgery is performed when an individual has severe blockages in one or more cardiac arteries. According to the Mayo Clinic, coronary bypass surgery is a surgical procedure that diverts the flow of blood around a section of a blocked or partially blocked artery in your heart. By creating a new path to the heart, coronary bypass surgery improves blood flow to your heart muscle.

Not every adverse outcome is a result of medical malpractice. In some cases, unavoidable complications would arise during any surgery. Medical malpractice takes place when a medical professional causes injuries or death by failing to adhere to the standard of care to which a reasonably prudent medical professional would have adhered in the same or a similar situation. In order to recover money damages, it is not enough to show that the medical professional deviated from the acceptable standard of care, but you also must show that the deviation was a substantial cause of your harm. Medical malpractice claims are extremely fact-intensive, and you can rest assured we can closely review all of the relevant medical records and test results in your case.

Liver Disease Malpractice in Syracuse and Across New York

Published on: April 9, 2018 | By Jeff DeFrancisco

If you believe your liver disease became worse or accelerated due to medical malpractice, you need to reach out to a seasoned Syracuse medical malpractice attorney without delay. At DeFrancisco & Falgiatano Personal Injury Lawyers, we understand how challenging life can be with a liver disease. Our experienced team can guide you through the legal process of pursuing compensation for your medical injuries. You can rest assured that we can be your trusted legal advocates at every step of the way.

The term ‘liver disease’ applies to diseases and disorders that cause the liver to function improperly or stop functioning altogether. Irregular results of liver tests often suggest liver disease. Common liver diseases include:

Liver cirrhosis: this condition is a result of chronic liver disease that results in scarring of the liver and liver dysfunction. There is impairment of the blood flow through the liver that leads to excess fluid in the abdomen.