Suffering an injury due to someone else’s carelessness is a life-altering experience. Beyond the physical pain, victims often face emotional struggles and financial difficulties that can feel insurmountable. While money alone cannot repair the harm caused by negligence, people who suffer personal injuries due to the recklessness of others may be able to obtain the compensation needed to rebuild their lives by holding those responsible for their losses accountable. Whether you were injured in a car accident, harmed by an unsafe condition, or hurt due to a defective product, New York law allows you to seek compensation for your losses, and you should talk to an attorney. At DeFrancisco & Falgiatano Personal Injury Lawyers, our experienced Rochester personal injury attorneys are passionate about advocating for accident victims, and if you engage our services, we will help you seek the outcome you deserve. We regularly represent parties in personal injury cases in Rochester, as well as in Syracuse and across Upstate New York.
Harm Caused by Preventable AccidentsMost accidents occur when someone’s failure to act with reasonable care leads to another person’s injury. This can include a wide range of scenarios, from distracted driving to poorly maintained properties and defective products.
The impact of an injury caused by recklessness often extends far beyond the physical pain. Many victims endure financial hardship due to mounting medical bills and time away from work. Emotional distress, anxiety, and even depression can weigh heavily on victims and their families. In severe cases, such as those involving traumatic brain injuries or spinal cord damage, the effects may be permanent, requiring lifelong medical care and significantly altering the victim’s quality of life.
Demonstrating Fault in Rochester Personal Injury CasesHolding someone accountable for their carelessness requires more than simply stating they were at fault. Rather, personal injury claims usually hinge on the plaintiff’s ability to demonstrate the defendant’s negligence.
In New York, this process begins with establishing a duty of care. A duty of care is the legal obligation to act in a way that avoids causing harm to others. For example, drivers have a duty to operate their vehicles responsibly, businesses must maintain safe premises for visitors, and manufacturers are required to ensure their products are free from dangerous defects.
The next step is proving that this duty was breached. A breach occurs when someone’s actions or failure to act fall short of what a reasonably prudent person would do in a similar situation. This might include texting while driving, ignoring safety regulations, or failing to address known hazards on a property.
Once a breach is established, the plaintiff must show that it directly caused their injury. This requires demonstrating a clear connection between the negligent behavior and the harm the plaintiff suffered. For instance, if a store owner failed to fix a broken step and the plaintiff fell as a result, the plaintiff would need to show that the unsafe condition was the cause of their injuries.
Finally, the plaintiff must prove the damages they’ve sustained. These include medical expenses, lost income, pain and suffering, and other losses. Collecting evidence, such as medical records, witness statements, and expert testimony, is critical to building a compelling case and illustrating the extent of your harm.
Victims of negligence may be entitled to recover both economic and non-economic damages. Economic damages are intended to compensate for financial losses, including past and future medical expenses, rehabilitation costs, lost income, and any diminished earning capacity resulting from the injury. For example, a victim who requires surgery and ongoing physical therapy may recover the costs of those treatments, as well as compensation for time missed from work.
Non-economic damages address harm that is not easy to quantify, such as physical pain, emotional distress, and loss of enjoyment of life. In particularly egregious cases involving reckless or intentional misconduct, courts may also award punitive damages to punish the defendant and deter similar behavior in the future.
New York imposes a three-year statute of limitations for most personal injury claims, meaning victims must file their lawsuits within this time frame to preserve their rights. As such, people who are affected by someone else’s negligence should speak with experienced Rochester personal injury lawyers as soon as possible.
Confer with a Trusted Rochester Personal Injury AttorneyParties who carelessly harm others should be held accountable for the financial and emotional burdens brought about by their recklessness. If you sustained losses in an accident, you should confer with an attorney regarding what damages you may be able to recover in a personal injury case. At DeFrancisco & Falgiatano Personal Injury Lawyers, our trusted Rochester personal injury lawyers understand the devastating impact that injuries caused by negligence can have on individuals and their families, and if you engage our services, we will provide you with personalized, results-oriented representation to help you seek the compensation you need to move forward. We have an office in Syracuse, and we regularly represent clients in personal injury cases in Rochester as well as in Syracuse and cities throughout Upstate New York. You can contact us to schedule a confidential and free meeting by calling 833-200-2000 or using our online form.