Syracuse Personal Injury
With a population of about 150,000 residents, Syracuse is one of the largest cities in Upstate New York. Its leading employers include not only Syracuse University, famous for its basketball team, but also several hospitals, including the Upstate University Health System, St. Joseph’s Hospital Health Center, the Syracuse VA Medical Center, and Crouse Hospital. Incidents of medical malpractice are thus not uncommon in Syracuse, while car crashes and slip and falls are also prevalent. Serious injuries require time to heal and good medical care. In many cases, the only way that an accident victim can afford these things is to bring a personal injury lawsuit. If you are in this challenging situation, the Syracuse personal injury lawyers at DeFrancisco & Falgiatano may be able to help.Pursuing a Claim for Compensation in Upstate New York
Many accidents result from negligence by one or more people. To establish negligence generally, you must show that the defendant owed a particular standard of care to you, the defendant's actions or omissions fell below the standard of care, the deviation legally and actually caused your injuries, and you sustained actual damages. For example, if a drunk driver runs a red light and T-bones your car, such that you suffer broken ribs, organ damage, and disfiguring scars, it is likely that you will be able to establish that the drunk driver's actions fell below the standard of care and caused your injuries.
Other situations may require proof of additional elements. For example, in the context of a slip and fall in a restaurant, a personal injury attorney in the Syracuse area probably will need to show the elements of negligence, and they will also need to show that the restaurant owner knew or should have known about the dangerous condition that caused your injuries. If you slipped on ketchup that had fallen onto the floor, your attorney will need to prove that the ketchup was there long enough that a reasonably diligent restaurant owner would have discovered it and cleaned it up. In some cases, it is possible to establish the amount of time that a dangerous condition existed by looking at a surveillance video. However, businesses may have a policy of recording over surveillance footage. It is important to contact an attorney immediately after being hurt so that a letter asking that the footage be preserved can be sent.
Often, comparative negligence is raised as a defense. Comparative negligence is a doctrine whereby a plaintiff's damages are reduced by an amount equal to their degree of fault for an accident. For example, if the total damages are $200,000, and you are found to be 40% responsible, while the defendant is 60%, you can recover $120,000 from the defendant.
In medical malpractice contexts, a health care provider's mistake may cause a serious injury. It is usually necessary for a Syracuse personal injury attorney to retain an expert to opine on the professional standard of care that should have been followed by a doctor or medical staff, as well as whether that standard of care was breached. For example, if there is an error by an anesthesiologist, you will need to show that you had a doctor-patient relationship with the anesthesiologist, the anesthesia error was one in which the anesthesiologist's actions or omissions were below the professional standard of care for anesthesiologists, and these actions or omissions caused your injuries. If the anesthesiologist failed to provide oxygen, there may be damage to the brain, and the patient may incur substantial costs and losses associated with that injury.
Through a personal injury lawsuit, you may be able to recover compensatory damages. These may include both economic and noneconomic losses, such as medical bills, rehabilitation expenses, household services, pain and suffering, lost wages, lost earning capacity, mental anguish, and loss of enjoyment of life.Consult a Personal Injury Lawyer in Syracuse to Protect Your Rights
If you suffer serious injuries or lose a loved one due to someone else's negligent or wrongful actions in Syracuse, our law firm may be able to help. Call our experienced attorneys at 315-479-9000 or contact us via our online form.