Syracuse Personal Injury Lawyers
(We have other offices throughout Upstate, New York)
After an accident, you may be uncertain about where to turn for accountability. Often serious injuries are disabling and impact an accident victim's ability to work and enjoy their lives as they used to. We may be able to file a personal injury or medical malpractice lawsuit in civil court to recover monetary damages. In many instances, we must pursue lawsuits under a theory of negligence or professional negligence. If you were harmed through the fault of another, you should call the Syracuse personal injury lawyers of DeFrancisco & Falgiatano Personal Injury Lawyers. Our office has achieved many great results, and our clients get the time and attention they deserve.Personal Injury Lawyers
We may be able to file a personal injury lawsuit on your behalf when another person or entity departed from the duty to use reasonable care, causing you injury. To establish a case, we need to prove by a preponderance of evidence: (1) you were owed a duty to use reasonable care, (2) there was a breach of the duty to use reasonable care, (3) causation, and (4) damages. The preponderance of the evidence standard requires us to show these elements are more likely than not.
If you were involved in a car accident, the circumstances of your accident will determine what duty was owed. All drivers owe a duty to use reasonable care to avoid injury to others with whom they share the road, including other drivers, cyclists, and pedestrians. Our personal injury lawyers based in Syracuse may be able to show this duty was breached when a defendant caused the accident by speeding, tailgating, failing to obey traffic signs and signals, weaving, driving under the influence, or driving while fatigued.Syracuse Medical Malpractice Lawyers to Help You
If your case involves medical negligence, we need to prove a hospital, doctor, nurse, EMT, laboratory technician, specialist, or other health care provider deviated from the generally accepted medical standards of care, and that medical negligence caused injury or death. Our Syracuse medical malpractice lawyers may be able to establish medical malpractice in connection with failure to diagnose, failure to treat, delayed diagnosis, surgical errors, and negligent follow-up; among other potential cases.
The professional standard of care depends on what a reasonably competent provider in the same specialty in Syracuse would have done when faced with the same or similar set of circumstances. For example, in a breast cancer misdiagnosis case filed against your gynecologist, our office would review your records and then consult with one of our medical experts from outside of the area to confirm one was not adequately screened, and the medical negligence caused a delay in diagnosing the cancer sooner. For another example, if you were left paralyzed due to a surgical error by a spinal surgeon, we would consult with one of our experts whether there was medical negligence during the performance of the surgery.Damages
If we can establish liability in a personal injury or medical malpractice lawsuit, our Syracuse personal injury lawyers and Syracuse medical malpractice lawyers may be able to recover damages. In most cases, damages are compensatory, meaning they are intended to put you back in the position you would have been in had there been no malpractice. Damages for personal injury cases include economic and noneconomic losses, such that medical bills, rehabilitation bills, replacement services, pain and suffering, loss of enjoyment, out-of-pocket costs, and loss of consortium.
While economic losses are often established by turning to documentation such as proof of lost wages or out of pocket expenses, noneconomic losses may be established by testimony regarding physical pain and suffering endured along with how the injury has impacted one's ability to enjoy life. Damages are a factual question for the jury, and so jury selection and composition, along with your legal representation can make a big difference in the outcome of your case.Hire a Seasoned Personal Injury and Medical Malpractice Law Firm
If you were harmed through the fault of another, call DeFrancisco & Falgiatano Personal Injury Lawyers a call. Our firm handles personal injury and medical malpractice cases in Syracuse, and all throughout Upstate, New York. For your convenience, our firm has an office in Syracuse with additional offices throughout Upstate New York to meet with clients and for trial preparation purposes. Complete our online form or call us at 315-479-9000 for a free consultation.