Utica Personal Injury

Utica is the seat of Oneida County, and it is located in the Mohawk Valley. As of 2010, its population was 62,235. It is part of the Utica-Rome Metropolitan Statistical Area. Its total area is 17.02 square miles. Recent data indicate that the household median income for Utica is $30,818. Many people in Utica do not have enough saved up in case of a serious injury inflicted by another. Often serious injuries take a long time to heal, and require multiple expensive treatments. At DeFrancisco & Falgiatano, our seasoned Utica personal injury attorneys handle lawsuits arising out of birth injuries, medical malpractice, car and truck accidents, defective products, construction accidents, and wrongful death.

Whether you can recover damages following an accident depends on the particular situation. If you suffer serious injuries in a motor vehicle crash in Utica, you may be able to recover damages under a theory of negligence. In order to show another driver’s negligence, you will need to establish: (1) the other driver was obliged to use reasonable care, (2) deviation from the duty of care, (3) the deviation caused your injuries, and (4) damages. The actions that could satisfy these elements varies from case to case. For example, if a drunk driver weaves and speeds through traffic on the highway and crashes into your car, it is likely the jury would find that the weaving and speeding breached the duty to use reasonable care.

When a big rig is involved in an accident, there may be multiple victims who are catastrophically injured. Each of these victims may make claims against the truck driver’s insurance policy, and the total scope of damages for the accident may run beyond the limits of coverage. In such cases, it may be crucial to conduct accident reconstruction to determine whether multiple people or entities were at fault for the accident, and should be held liable for damages. Other parties that may bear responsibility include the trucking company, a mechanic, other drivers on the road, or even a third-party loading company. It may be possible, for example, to hold a trucking company indirectly liable for its employee’s negligence in the course of working, but it may also be possible to sue the trucking company for its own negligence. A knowledgeable personal injury attorney serving Utica can help you identify all parties who may be liable for your accident.

There are other circumstances under which you may need to file your lawsuit under a theory other than ordinary negligence. For example, construction accidents are governed by special labor laws. Although construction companies should properly inspect their sites for danger and make sure workers have the appropriate safety gear, many don’t. Construction accidents can be severe, involving falls from great heights, equipment failures, cave-ins, and more. New York State Labor Law sections 200, 240, and 241(6) provide particular protections for workers on construction sites. Section 240, for example, provides protection where a worker is injured in connection with ladders, scaffolds, slings, or hoists used at heights.

If you are able to establish liability in your case, you may be able to obtain compensatory damages from the party or parties responsible for your injuries, and an experienced Utica personal injury lawyer can assist you in proving the amount you may be owed. Compensatory damages are those damages meant to put you back into the position you would have been in had no accident occurred. They can be either economic or noneconomic. Losses that may be recovered can include amounts for medical bills, lost wages, replacement services, and pain and suffering.

If you have been harmed by another’s negligence in Utica, you may not have enough saved up to cover the resulting costs. You can talk to a seasoned personal injury lawyer about whether you have grounds to bring a lawsuit. Call DeFrancisco & Falgiatano at 833-200-2000 or contact us through our online form.