Injuries suffered in an accident can range from minor issues like cuts and bruises to catastrophic injuries such as brain trauma or paralysis and other spinal cord injuries. When they are serious, these injuries may necessitate long-term care, therapy, and rehabilitation. If they are the fault of another person or entity, it may be possible to recover damages. If you suffer injuries in an accident, the experienced Syracuse injury lawyers at DeFrancisco & Falgiatano may be able to provide representation.Common Types of Injuries and Related Legal Claims
Injuries can vary dramatically depending on the circumstances in which the injuries were incurred. For example, if you are in a construction accident, you may suffer fall injuries, including broken bones and head trauma, as well as crushing injuries and suffocating injuries. If you are in a car accident, on the other hand, you may suffer broken bones, traumatic brain injuries, spinal cord damage, burns, lacerations, and disfigurement. If you were involved in an incident of medical malpractice, your injuries may involve a worsening of cancer, diabetes, or another illness, or they may involve amputation, sepsis, or organ damage.
After many different kinds of accidents, you can recover damages for your injuries if you can establish fault. This may mean that you will need to show the other party's negligence. Negligence can be proven if you can show that the defendant owed you a duty of care, the duty was breached, and the elements of causation and damages are present. Generally, when you suffer injuries that require you to seek medical treatment, an injury attorney in the Syracuse area can show that you have incurred damages.
This general rule is complicated by the situation in which the injuries occur. Under Article 51 of the Insurance Law, for example, a plaintiff in a personal injury lawsuit arising out of a car accident must be able to prove that they have suffered a basic economic loss of more than $50,000, or the plaintiff must show that they have suffered a serious injury, to sue in civil court for damages. State law provides a very specific definition of what constitutes a serious injury, so it is important to determine whether you likely meet its criteria before bringing a claim.
If a defendant moves for summary judgment on the basis that the injury is not serious, the defendant has the burden of showing that they have a prima facie entitlement to summary judgment by providing evidence to show that the plaintiff was not seriously injured as a result of the car accident. The evidence could include medical reports and records from the plaintiffs' doctors. A Syracuse injury attorney can help you fight back against a motion for summary judgment and move your claim toward settlement negotiations or trial.
The nature of the injuries will help determine which damages are available, whether the lawsuit arises from a car accident, a construction accident, medical malpractice, a slip and fall, or another situation. For example, a baby who suffers a birth injury such as severe cerebral palsy may need lifelong care due to difficulties with muscle control, muscle coordination, and balance. The baby may need therapy, medical care, and rehabilitation for the rest of their life. If you are a construction worker who fell from a moderate height, by contrast, you might break your leg bones and require physical therapy, medical care, and therapy for some time, but perhaps you would not need it for the rest of your life.Retain an Experienced Injury Lawyer in the Syracuse Area
If you were harmed due to someone else's negligence, you may be able to recover damages for your injuries. Our attorneys represent people in cities such as Syracuse, Rochester, Lyons, Ithaca, Cooperstown, Canandaigua, Utica, Wampsville, Oneida, Lowville, Watertown, Herkimer, Delhi, Cortland, Norwich, Elmira, Auburn, and Binghamton. Call us at 315-479-9000 or contact us via our online form for an appointment.