Madison County is within the Syracuse Metropolitan Statistical Area of New York. Its population is 73,442, and the county is 661 square miles. The county is named after former U.S. president James Madison, and is home to attractions including the Old Erie Canal State Park. If you were injured in a car crash or another type of accident Madison County, you may be wondering what your legal rights and options are. It can be important to take action promptly, as evidence can vanish in a short period of time. Witness's memories can become unreliable with time, particularly if they haven’t document what happened. You are also subject to filing deadlines in lawsuits related to accidents. If you believe you have been harmed due to someone else’s negligent conduct, the experienced Madison County personal injury attorneys of DeFrancisco & Falgiatano may be able to help you bring a claim.
Personal InjuryOften personal injury lawsuits are pursued under a theory of negligence. They may involve injuries arising from a car accident, construction accident, premises liability, dangerous products, or medical malpractice. If you assert ordinary negligence, you'll need to show: (1) you were owed a duty of reasonable care by the defendant, (2) breach of the duty to use reasonable care, (3) actual and legal causation, and (4) damages. The circumstances will dictate what duty was owed.
For example, all drivers owe others on the road a duty to use ordinary care while driving. They may breach the duty to use reasonable care by speeding, drinking while driving, texting while driving, weaving, tailgating and failing to obey traffic signals and signs.
The situation is more complicated if the accident is a truck accident, and a Madison County attorney experienced in personal injury cases of this nature can help you navigate the more complex aspects of this kind of case. After a truck accident, it's important to look not only at the driver's culpability but other potentially responsible parties' culpability as well. Interstate trucking companies are supposed to follow the Federal Motor Carrier Safety Administration (FMCSA) regulations in connection with their truck drivers and the trucks they put out on the road. For example, they are supposed to conduct background checks of truck drivers before hiring them. If a trucking company fails to conduct a background check that would have revealed a truck driver's drug abuse problem and then the truck driver gets into a drugged driving accident that injures several drivers of passenger cars, those drivers may be able to recover damages from the trucking company under a theory of negligent hiring.
Under other circumstances, different elements may need to be established to recover damages. If you are injured on another's property, you may be able to recover damages through a premises liability lawsuit. This would require you to establish actual or constructive notice to the property owner of the dangerous condition that caused your injuries. Showing how long a dangerous condition existed before the accident can prove constructive notice. For example, it may be possible to use video surveillance footage to show that a broken step had existed for months without the owner repairing it or issuing warnings to visitors.
DamagesIf you can establish liability, you may be able to recover compensatory damages, and a knowledgeable Madison County personal injury lawyer can help. Compensatory damages are damages meant to make you whole, to put you back into the position you would have been in had the accident not happened. They can include both economic and noneconomic losses. Economic losses are tangible losses and they are often documented losses. They can include lost wages, medical bills, medical equipment, rehabilitation, therapy, and replacement services (such as household services). Noneconomic losses are intangible losses that the jury believes would naturally arise from the injuries you suffered. The amount of damages will depend on the specific injuries and the extent of those injuries. A plaintiff's personal attributes can affect the amount of noneconomic damages. For example, a jury may be inclined to believe that a young, outgoing woman would suffer extreme distress if she were severely scarred on her face. They may be not believe that an elderly retired man would suffer quite as much.
Consult an Experienced Personal Injury Attorney in Madison CountyIf you were injured in an accident caused by someone else, a skilled injury attorney can assess your case and help you determine next steps. DeFrancisco & Falgiatano represents accident victims across Madison County. Please call us at 833-200-2000 or contact us via our online form to learn more about how to get started on your claim.