Oneida County is located in New York. In 2010, its population was 234,878. It is part of the Utica-Rome, NY Metropolitan Statistical Area. The county’s total area is 1258 square miles. Of this, 1212 square miles is land and 45 square miles is water. The household median income in Oneida County is $35,909. A family’s median income is $45,341. At DeFrancisco & Falgiatano, we are dedicated to offering diligent personal injury law representation in connection with motor vehicle accidents, medical malpractice, birth injuries construction accidents, and more. If you have suffered suffer personal injuries or medical malpractice due to another’s acts or omissions, you can call our Oneida County personal injury attorneys to determine whether you have grounds to sue for compensation.Personal Injury
There are many different situations in which you could suffer serious injuries due to another’s actions. These include motor vehicle accidents, construction accidents, and circumstances involving defective products or dangerous property conditions. Many personal injury lawsuits are pursued under a theory of negligence. To establish negligence, you will need to show: (1) the defendant owed you a duty of care, (2) breach of the duty of care, (3) causation, and (4) damages.
The parameters of the duty to use reasonable care depend on the situation. For example, an interstate truck driver owes a duty to other motorists to use reasonable care, and can be held accountable under a theory of negligence if his failure to use reasonable care causes injuries to others. He is supposed to follow the Federal Motor Carrier Safety Administration (FMCSA) regulations, which are extensive and govern everything from hours of service to drug testing to inspection requirements. Failure to abide by the FMCSA regulations may be evidence of negligence.
Trucking company employers may also face lawsuits under a theory of vicarious liability. Using the prior example, after a truck accident, trucking companies in Oneida County may be held indirectly liable for their employee’s failure to use reasonable care. However, they can also be held directly liable for their own negligence. Like interstate truck drivers, interstate trucking companies can be held accountable for failure to follow the FMCSA regulations that govern them. For example, an interstate trucking company that encourages its drivers to break the hours of service rules because it increases their profits, or encourages falsification of logbooks, may be held accountable in the event that a fatigued driver contributes to an accident.
Construction sites can be dangerous places, and accidents may occur there. If you’ve been hurt while working on a construction site, a personal injury lawyer serving Oneida County may be able to help. There are special Labor Laws in place to protect construction workers who are injured at a construction site, and that can provide a basis for you to obtain financial recovery in addition to workers’ compensation.Medical Malpractice
Errors in diagnosis or treatment when you seek medical attention can result in long-term problems or even death. If you are misdiagnosed or improperly treated, you may suffer further injuries, wage loss, and significant medical costs. You may be able to hold a health care provider accountable for negligence, but not every error constitutes medical malpractice. In order to hold a doctor or other provider liable, you must show: (1) the provider owed you a professional duty of care, (2) breach of that duty, (3) causation, or a direct link between the breach and your injuries, and (4) damages incurred as a result of the breach. A skilled Oneida County personal injury attorney can review the facts of your case to determine whether they may be able to meet the required elements for a medical malpractice claim.
When a preventable birth injury [link to birth injuries page] arises because of medical malpractice, it can be heartbreaking for everyone in the family. Common birth injuries that may be caused by medical malpractice include Erb’s palsy, cerebral palsy, contusions and lacerations, and brain damage. In order to recover damages for birth injuries, the parents of an injured child will need to establish the elements of medical malpractice. Where, for example, an OB-GYN failed to perform a C-section when a mother was laboring for an excessively long time, and the baby developed brain damage due to the oxygen deprivation, it may be possible to recover damages.Experienced Oneida County Attorneys for Personal Injury Claims
Many families do not have enough saved in the event that a loved one suffers serious injuries. Savings may be wiped out with a single bill for a hospital visit. The parties responsible for your injuries may be held accountable through a personal injury lawsuit. Call DeFrancisco & Falgiatano at 315-479-9000 or contact us through our online form to learn more about your legal rights.