Oswego County Personal Injury
Oswego County has a population of about 122,109 and is located in the state of New York. "Oswego" is a Mohawk language word that means "outpouring." Highways running through Oswego include I-80, U.S. Route 11, and several New York state routes. If you were injured in a local accident, an experienced Oswego County personal injury attorney can assess the viability of a claim against the parties responsible for your harm. In many cases, the responsible parties will try to point the finger at the accident victim in order to avoid paying damages. It is important to consult an attorney of your own before speaking to an at-fault party's insurance adjustor.Personal Injury in Oswego County
Personal injury lawsuits often arise out of car accidents, but they may also be appropriate when injuries are the result of other circumstances such as those arising from truck accidents, construction accidents, motorcycle accidents, dog bites, dangerous property conditions, defective equipment, and more. These accidents may cause injuries such as broken bones, fractures, spinal cord damage, paralysis, burns, crushing, amputation, and traumatic brain injury. When injuries are significant, it may be necessary for the victim to take significant time off work.Proving Liability
Usually to establish liability, an accident victim will need to establish negligence. There are situations in which it's appropriate to assert intentional torts, but in most cases, an accident happens because somebody was careless. To prove negligence in court, you'll need to show by a preponderance of the evidence: (1) the defendant owed you a duty of care, (2) the defendant breached the duty of care, (3) causation, and (4) damages. What the duty of care is and how it was breached depends on the situation.
Car accidents are one of the most common reasons injury lawsuits are commenced, and a personal injury lawyer in Oswego County can help you seek compensation if this was the cause of your harm. All drivers of passenger cars must use reasonable care to avoid injuring others. Breaching the duty to use reasonable care in the context of a car accident may include drunk driving, texting while driving, running a red light or stop sign, drunk driving, speeding, failure to yield, or weaving. In car accident cases, you must turn first to your own no-fault insurance for economic losses. Only those whose economic damages are worth more than $50,000 or who suffer certain serious injuries may sue in court.
The duty of care is heightened in the context of medical malpractice. You may be able to recover damages in a medical malpractice lawsuit by showing that a health care provider fell below the professional standard of care and that this legally caused your injuries. The professional standard of care can vary dramatically depending on the circumstances. Usually it's necessary to show the professional standard of care by asking an expert in the defendant's field of medicine. For example, if an oncologist failed to follow up on certain labs and failed to diagnose you with cancer, it may be appropriate to consult another oncologist in the same sub-specialty about whether your treating oncologist met the professional standard of care. It can also be challenging to establish the causal link between the oncologist's actions and omissions that allegedly fell below the standard of care and the injuries themselves. A skilled Oswego County personal injury lawyer can evaluate whether this causal connection may be present in your case.Damages
Damages are usually compensatory in personal injury cases, though there may be certain situations that may warrant punitive damages. Compensatory damages are those damages designed to put an accident victim back in the position he or she was in prior to the accident. They can include economic losses such as lost wages, medical bills, out-of-pocket expenses, and replacement services. However, they can also include noneconomic losses, which are intangible losses, such as pain and suffering, mental anguish, loss of enjoyment, and lost consortium.Personal Injury Attorneys Serving Oswego County
If you were injured due to another person or business's fault in Oswego County, you may be able to bring a personal injury lawsuit to recover damages. Contact DeFrancisco & Falgiatano by calling us at 315-479-9000 or via our online form.