Cayuga County Personal Injury
Cayuga County is named for a tribe of Indians in the Iroquois Confederation. It covers 864 square miles. Highways through Cayuga County include I-90, U.S. Route 20, and New York State Routes 3, 5, 31, 34, 38, 90, and 104. If you were injured in Cayuga County through the fault of someone else, you may be able to take legal action and recover damages. At DeFrancisco & Falgiatano, our experienced Cayuga County personal injury attorneys are available to assess your case and help you learn more about your legal options.Accidents
You may be able to recover damages after all kinds of accidents: car accidents, truck accidents, medical malpractice, construction accidents, slip and falls, and dangerous property accidents. Sometimes it is clear who is at fault, but in other cases, fault is harder to determine. Often it is appropriate to pursue damages under a theory of negligence. To establish negligence, a plaintiff needs to prove: (1) the defendant owes him a duty of reasonable care, (2) breach of the duty of reasonable care, (3) causation, and (4) actual damages.Liability for Car Accidents
Many car accident victims file lawsuits against at-fault drivers based on their negligence. Drivers can be negligent by tailgating, speeding, weaving, failing to obey traffic signals, drunk driving, or texting while driving. Sometimes, however, there may be other circumstances to explore to determine if anyone else should be held responsible. For example, if an at-fault driver was driving in the course and scope of employment, it may be possible to hold the driver's employer responsible under a theory of vicarious liability, a form of indirect liability. Where, for example, an employer failed to use reasonable care in hiring or supervising an employee, it may be possible to hold it directly liable for negligent hiring or negligent supervision. A knowledgeable personal injury attorney in Cayuga County can assess who the potential defendants in your case may be.Premises Liability
In situations involving injuries arising out of dangerous property conditions, a plaintiff must show that the property owner or occupier knew or should have known about the dangerous property condition, but failed to repair it or issue warnings. For example, if you fall off a balcony at a B&B due to a broken rail and suffer spinal cord damage, you'd have to show that the B&B owner knew or should have known about the broken rail.Defenses
Often defendants raise comparative negligence as a defense. When comparative negligence is claimed, the jury will evaluate evidence and arguments and assign the parties a proportion of responsibility for the accident. It will also determine the total damages. As a plaintiff, your damages will be reduced by an amount equal to your percentage of fault. For example, if your damages are $1,000,000 but you are 40% at fault, while the defendant is 60% at fault, you will only be able to recover $600,000 from the defendant. The situation will be more complicated if there are multiple parties to blame, but a skilled Cayuga County personal injury lawyer can help you navigate these obstacles.Damages You May be Able to Recover
In a negligence case, you may be able to recover economic as well as noneconomic damages. Economic damages can include medical bills, lost income, property replacement or repair, and replacement services.
Noneconomic damages are meant to compensate you for nonmonetary losses including pain and suffering, mental anguish, loss of consortium, and loss of enjoyment. Pain and suffering awards turn on the extent and nature of your injuries, as well as the length of time you're anticipated to experience pain. Mental anguish damages may also be awarded and they include whatever mental anguish, depression, or rage might arise from the accident and injuries. Loss of consortium damages may be available for spouses of personal injury victims based on the loss of intangible benefits of marriage.
There are some situations in which punitive damages might be awarded. Punitive damages are awarded to punish a defendant and deter future similar misconduct. However, a defendant's actions have to be egregious for punitive damages to be warranted.Consult an Experienced Personal Injury Attorney in Cayuga County
After an accident, you may be stressed about how you'll pay your bills and take time off work to heal from your injuries. It may be possible to recover damages by bringing a personal injury lawsuit. DeFrancisco & Falgiatano represents accident victims in Cayuga County and beyond. Please call us at 315-479-9000 or contact us via our online form to learn more about how we can help.