Oneida Office

Oneida is a city in Madison County with about 12,000 residents. Although it is a small community, car crashes, falls, and other accidents can happen in the vicinity, and they can result in devastating injuries or even death. If you are injured or a loved one is killed in or around Oneida, you should consult an experienced injury attorney with offices in the area. It may be possible to recover damages. At DeFrancisco & Falgiatano, LLP, our Oneida personal injury lawyers can set up an appointment to meet with you at our office there, which is located at 312 Broad Street. We are dedicated exclusively to accident victims and provide aggressive representation to help people harmed by the negligence or intentional misconduct of others recover the greatest possible damages.

Many personal injury lawsuits are brought under a theory of negligence. To establish that a defendant was negligent, you will need to show that the defendant owed you a duty of care, and the defendant breached the duty of care, in addition to causation and actual damages. The causation must be both legal and actual. In other words, the defendant's actions or omissions must be closely connected to your injuries in order to hold the defendant responsible for them. For example, if you suffered internal bleeding and disfigurement due to a truck failing to yield as appropriate and colliding with your passenger car, there is likely a close causal relationship between the truck's failure to yield and your injuries.

There are contexts in which you may need to prove negligence as well as another element. In a premises liability case, you may need to also establish actual or constructive notice of the dangerous condition to the property owner. In a medical malpractice context, you may also need to show that a health care provider owed a professional standard of care to you and breached that standard, thereby causing your damages. This usually requires consulting an expert witness who can explain what the defendant did that violated the standard of care and how this led to your injuries.

In some cases, a defendant may defend itself on the basis that a plaintiff was comparatively negligent. In other words, the defendant might try to show that your own negligent actions or omissions were partially to blame for your injuries. For example, if you were on a motorcycle and were speeding, such that you could not keep a proper lookout at an uncontrolled intersection, and a distracted truck driver crashed into you, the truck driver may try to argue that your own negligence while operating the motorcycle caused your injuries. The jury will review the evidence, determine your damages, and assign you a percentage of fault (if any is appropriate). Your damages will be reduced by your percentage of fault. For example, if the damages were $150,000, and you were 20% at fault, you can recover $120,000 from the at-fault driver or possibly their employer. This is one reason why consulting an Oneida personal injury attorney is an important step to take in preserving your rights.

When there is a construction accident, however, certain code sections may apply to provide absolute liability. For example, under New York Labor Law Sections 240 and 241, you are entitled to sue a property owner or contractor for damages in case of a gravity-related accident. Section 240 provides that certain safety equipment and gear must be provided for workers who are working high up on certain kinds of non-residential structures. When this equipment is not provided, an owner or contractor can be held responsible for damages. Contrasting with other personal injury contexts, the owner or contractor cannot defend itself on the basis of comparative negligence, unless you were 100% responsible for your own injuries.

If you are injured or lose a loved one in a devastating accident in the Oneida area, our law firm may be able to help. You can call us at 833-200-2000 or contact us via our online form to set up a free consultation to discuss your potential claim.