Tompkins County is located in New York. The population of Tompkins County is 101,564, and its county seat is Ithaca. Major highways in the area include State Route 13, 13A, 34, 34B, 38, 79, and 89. If you were injured locally due to the fault of another, it may be possible for you to obtain financial compensation. The skilled Tompkins County personal injury attorneys of DeFrancisco & Falgiatano may be able to help you recover damages from the party responsible for your injuries.
Personal InjuryPersonal injury lawsuits are brought in connection with many different kinds of accidents. The circumstances will dictate what theories may be used to pursue damages. Injuries arising out of car accidents, motorcycle accidents, truck accidents, scaffolding accidents, dangerous property conditions, construction accidents, premises liability, and medical malpractice are some of the most common reasons plaintiffs bring personal injury lawsuits.
Sometimes it is straightforward to determine who was at fault for an accident. For example, if you fall off a balcony because of a broken railing, you would likely hold the property owner and the property occupier accountable. However, there are more complicated scenarios such as truck accidents. Sometimes, a truck accident causes serious harm to many different people and it becomes important to investigate and determine every party that may share blame for the accident. This could include the truck driver, the trucking company, the truck manufacturer and even the owner of the road. A seasoned personal injury lawyer in Tompkins County can help you navigate the details of complex claims such as these.
LiabilityIf you are suing the driver of a motor vehicle for your injuries, you will likely need to prove negligence by a preponderance of the evidence. That means you would have to prove: (1) you were owed a duty of care, (2) the duty of care was breached, (3) the breach caused injuries, and (4) damages. Whether or not a duty was owed depends on the circumstances, but generally, all drivers operating vehicles on the road owe a duty to use reasonable care to avoid injuries to others. For example, if a driver runs a stop sign and hits your motorcycle as you’re trying to make a left turn, you would likely have a claim under a theory of negligence.
It’s important to be aware that your damages for a lawsuit can be lessened by your proportion of fault for the accident. Under the theory of comparative negligence, the jury will look at the defendant’s culpability, but will also examine your culpability for the accident, and assign each of you a percentage of fault. For example, if a drunk truck driver starts swerving into your lane and hits you, but you were also drunk and speeding, trying to overtake the truck, both you and the truck driver may be assigned percentages of fault. Damages
Most often, the damages awarded in a personal injury lawsuit are compensatory, and a knowledgeable Tompkins County personal injury attorney can help you determine an appropriate damages amount for your case. That means they’re intended to put you back into the position you were in prior to getting injured. Compensatory damages usually include both economic and noneconomic losses. Economic losses are usually tangible, concrete and documented losses like medical bills, out-of-pocket costs, and lost wages. It’s with noneconomic damages that your attorney and the composition of the jury can make a very big difference. Noneconomic losses are more subjective and can include emotional distress, pain and suffering, loss of consortium, mental anguish and loss of enjoyment of life. Sometimes the personal characteristics of the plaintiff can impact what noneconomic losses a jury believes would naturally flow from the injuries. For example, a model who suffers facial scarring in a truck accident would not only lose a source of income; the jury might also believe that she suffers more embarrassment and depression as a result of the facial scarring.
Consult a Personal Injury Attorney in Tompkins CountyIf you are injured by another person or business in Tompkins County, the experienced personal injury lawyers of DeFrancisco & Falgiatano can evaluate your case and any potential claims you may have. Please call us at 833-200-2000 or contact us via our online form to learn more about your legal rights and options.