Monroe County

Legal Guidance for Injured Monroe County Residents

Monroe County is located along the southern shore of Lake Ontario. The county seat of Monroe County is Rochester. Some of the major highways in the county include I-90, I-390, I-490, and I-590, as well as New York State Routes 15, 18, 31, and 36. If you are injured in a car crash or another accident because of someone else's negligence or intentional misconduct, you should hold that person accountable for the resulting medical expenses, lost income, and property damage, as well as your pain and suffering. You may be able to recover these losses by filing a personal injury lawsuit. At DeFrancisco & Falgiatano, our Monroe County personal injury lawyers can represent people who are seeking compensation for an accident caused by someone else.

Understanding Your Rights as an Accident Victim

In most cases, accident victims try to recover damages under a theory of negligence. You will need to show that the defendant failed to use proper care under the circumstances and thereby caused your damages. Whether or not the duty of care was breached depends on the circumstances. In a motor vehicle accident, for example, the duty of care can be breached by texting while driving, drunk driving, fatigued driving, speeding, tailgating, driving too fast for weather conditions such as rain or snow, running a stop sign or red light, or driving while distracted by typing information into a GPS.

Truck drivers and trucking companies owe additional obligations under federal and state regulations. The Federal Motor Carrier Safety Administration (FMCSA) imposes complicated duties regarding many aspects of an interstate commercial driver's job, as well as a trucking company's hiring, supervision, and training of commercial drivers. The FMCSA regulations also cover obligations related to the maintenance of the truck and how cargo should be secured. When the FMCSA regulations are violated, the violation is strong evidence that there has been negligence in a truck accident case involving an interstate truck driver.

While motor vehicle drivers owe an ordinary duty of care, health care providers owe their patients a professional duty of care. A personal injury attorney in Monroe County can help you establish medical malpractice by showing that there was a doctor-patient relationship, the health care provider breached the professional standard of care, and the patient suffered harm as a result. We will need to hire an expert to explain to the jury what the professional standard of care was under the circumstances, how the health care provider violated it, and how the violation caused your injuries.

For example, if your doctor did not diagnose melanoma, and you progressed to a point at which you would be unable to recover, we would likely hire a board-certified oncologist with a background in skin cancer to provide testimony about what the standard of care was, how it was breached, and causation. Causation can be challenging to establish because the defendant may argue that you would have suffered the same harm even if you had been diagnosed in a timely fashion. A Monroe County personal injury attorney would need to show that your condition was worsened by the professional negligence.

If we can establish liability for your injuries, you may be able to recover compensation for economic damages and noneconomic damages. Economic damages include items of loss like medical expenses, rehabilitation, out-of-pocket costs, household and replacement services, and lost wages. In most cases, these damages will be documented. However, you can also recover noneconomic damages, which are more subjective losses, such as pain and suffering, mental anguish, loss of consortium, and lost enjoyment of life.

If a loved one dies due to another party's negligence or professional negligence in Monroe County, you may be able to recover wrongful death damages. Under New York law, the personal representative of the decedent's estate may file a wrongful death lawsuit. The case can request damages for losses sustained by the decedent's estate, as well as their heirs, beneficiaries, or devisees.

Hire a Personal Injury Lawyer in Monroe County or Surrounding Areas

If you have been injured as a result of someone else's negligence in Monroe County, you should consult a personal injury attorney to explore your legal options and assert your rights. Call DeFrancisco & Falgiatano at 315-479-9000 or contact us via our online form to find out what we can do for you.

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