It can be stressful and overwhelming to be injured in an accident in Albany County. As you struggle to pay medical bills, you may need to take time off from work and pay for other costs associated with serious injuries, and on top of that, you may be distracted by pain and unable to enjoy life. If you were injured through the fault of another, you should call the experienced Albany County personal injury lawyers of DeFrancisco & Falgiatano Personal Injury Attorneys. We are experienced advocates for those who have been injured, seeking best results both in negotiations with insurers and in the courtroom when a fair settlement cannot be reached.
You Need an Experienced Personal Injury Law Firm After an AccidentThose who were injured due to another’s carelessness may be able to bring a lawsuit for damages. Often it’s appropriate to sue under a theory of negligence in car accident cases, pedestrian cases, and truck accident cases. A moment’s inattention by an Albany County driver can result in catastrophic injuries. To prove negligence, our lawyers would need to prove: (1) the defendant owed you a duty to use reasonable care under the circumstances, (2) the defendant breached the duty to use reasonable care, (3) causation, and (4) damages.
The situation will determine whether a defendant breached the duty to use reasonable care. For example, in a truck accident case, a truck driver may be responsible if he sped, tailgated, failed to control his truck while it was jackknifing though he could, drove while under the influence of certain medications, or was distracted. In those cases, we would also look at whether other people or entities might also be responsible. A trucking company, for example, may have direct or indirect liability for an accident. In some cases, there are negligent repairs made to a truck or a defect in a component of the truck that contributed to the accident.
In a pedestrian accident case, you may have a claim if you were struck by a negligent driver. Pedestrians have the right of way in crosswalks. After getting struck by a negligent driver, you should be able to recover no-fault insurance benefits, which address a portion of economic losses. You may also be able to sue for the full scope of your damages under some circumstances. It’s important to discuss what happened with a lawyer if you’re seriously injured or anticipate trouble securing benefits.
What must be proven in a premises liability lawsuit is a little different. We will need to show that there was actual or constructive notice of the defect that caused your injuries.
The defendant’s insurer and attorneys will scrutinize your own degree of fault closely in any personal injury lawsuit. Under the doctrine of comparative negligence, your damages can be reduced by an amount equal to your own percentage of fault. For example, suppose your damages were $500,000, but you were mildly distracted at the time of the accident such that a jury found you 10% responsible. You would be responsible for 10% of $500,000 of your own damages or $50,000 worth of damages, even if your injuries were catastrophic.
Recovering Compensatory DamagesIf we can establish a defendant’s liability, we may be able to recover damages for wage loss, medical bills, replacement services, pain and suffering, loss of enjoyment of life, mental anguish, loss of consortium, medical bills. The precise damages would depend on the nature of your losses. Generally, catastrophic injuries that change your life irrevocably, such as paralysis or brain damage, result in higher damages because they typically involve greater pain, changes in lifestyle and job, disability and high medical bills.
Consult a Seasoned Albany County Personal Injury Law FirmIf you were injured or a loved one was killed due to the fault of another in Albany County, you should give us a call. DeFrancisco & Falgiatano Personal Injury Attorneys has more than 30 years of experience fighting for best results for the injured. For a free consultation, please complete our online form or call us at 833-200-2000.