92 W 6th St
Oswego, NY 13126
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The city of Oswego, located on Lake Ontario, has a history that goes back to the 18th century. It is home to the Oswego Hospital. Many of the injuries that are treated there can be devastating for a victim, including broken bones, amputations, lacerations, disfigurement, scarring, paralysis, spinal cord damage, and traumatic brain injuries. These can be expensive to treat, and in some cases, they may require long-term attention. Some of these injuries can lead to permanent disabilities. After suffering serious injuries in an accident, you may need to pursue compensation through a personal injury lawsuit in order to pay for medical bills, household services, lost income, property damage, and more. At DeFrancisco & Falgiatano, LLP, our Oswego personal injury lawyers may be able to help. We have offices in Oswego at 92 West Sixth Street, from which we can counsel victims on their options.Seeking Compensation Through a Personal Injury Claim
Most personal injury lawsuits arise as a result of one or more parties’ negligence. To establish negligence as a plaintiff, you will need to show that the defendant owed you a duty, which they breached, thereby causing your damages. For example, in a truck accident case, you might be able to establish the negligence of the truck driver by showing that he did not turn on his turn signal when making a wide turn, thereby causing a squeeze play accident in which you suffered crushing injuries. For another example, in a motorcycle accident case, you may be able to show negligence by proving that a passenger car failed to yield to you at a four-way intersection, thereby striking you in a broadside collision.
Often, the defendant argues that the plaintiff was partially or fully to blame for the accident. Under the doctrine of comparative negligence, your damages will be reduced by an amount equal to your percentage of fault. For example, if you were speeding, and the defendant rolled through a stop sign, you may both share some of the blame. Suppose that the jury determines that your damages were $200,000, and you were 30% responsible. In that case, you would be able to recover $140,000 from the defendant. A personal injury attorney in the Oswego area can help you minimize your degree of fault to the extent possible.
Some motor vehicle cases are more complicated. For example, both the truck driver and its employer may be liable for a truck accident. You may be able to hold a trucking company both directly and indirectly liable for an accident.
Indirect liability is known as vicarious liability or respondeat superior. Indirect liability can be imposed on an employer if an employee was negligent in the course and scope of employment. For example, if a truck driver was carrying cargo to a particular destination and lost control of the vehicle, allowing it to jackknife such that the trailer hit cars in other lanes of traffic, the truck driver's employer probably could be held vicariously liable for that. However, if the truck driver was not on duty but took the tractor-trailer to a lunch spot during a rest break, the employer might not be vicariously liable if he caused a crash during that time.
Even if a trucking company is not vicariously liable, it may have direct responsibility for an accident if it acts in a negligent way, thereby causing the accident. Our Oswego personal injury attorneys can look into the possibility that a trucking company may have acted negligently. For example, trucking companies are supposed to make sure that their employees adhere to regulations, are properly trained, and have records that show competence as a truck driver. If a trucking company looks the other way when an employee falsifies mandatory logbooks, and then the fatigued employee allows the truck to drift over the center line and into oncoming traffic, the trucking company could be directly liable for negligent supervision.
In another setting, many parties on construction sites face the potential for liability if a worker is injured. Generally, workers' compensation law prevents construction workers from suing their employer, but they can sue contractors and other third parties responsible for their injuries on the site. They also often can bring claims for violations of the New York Labor Law.Consult a Personal Injury Lawyer in Oswego to Understand Your Options
Whether you have been injured or have lost a loved one in an avoidable accident, the skillful personal injury and wrongful death attorneys at DeFrancisco & Falgiatano may be able to help. Call us at 315-479-9000 or contact us via our online form to arrange a free appointment at our Oswego office. We do not ask for fees unless we get compensation on your behalf.