New York Court Discusses Civil Immunity for Non-Profit Organizations
DeFrancisco & Falgiatano Syracuse Personal Injury Law Blog
by Jeff DeFrancisco
1M ago
Non-profit organizations regularly hold functions for members and patrons. People attending such events typically expect them to be safe. Unfortunately, though, it is not uncommon for incidents to occur during non-profit social events, and in many instances, they are the result of negligence. While there are laws that protect non-profit organizations from liability, they only apply in certain circumstances, as explained in a recent New York opinion. If you were injured in an accident brought about by another person’s negligence, it would benefit you to meet with a Syracuse personal injury lawy ..read more
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New York Court Discusses Evidence of Lack of Informed Consent
DeFrancisco & Falgiatano Syracuse Personal Injury Law Blog
by Jeff DeFrancisco
2M ago
Doctors have an obligation to not only provide their patients with competent care but also to advise them of their treatment options and the potential benefits and disadvantages of each choice. If a doctor fails to adequately inform a patient of the risks of a procedure and the patient subsequently suffers harm, the doctor can be held accountable, even if the patient’s injuries are due to a known danger. As discussed in a recent New York ruling issued in a lack of informed consent case, however, the injured party must present certain evidence to prevail in a civil action against the provider ..read more
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New York Court Discusses Damages in Car Accidents Harming Children
DeFrancisco & Falgiatano Syracuse Personal Injury Law Blog
by Jeff DeFrancisco
2M ago
Careless driving not only causes collisions between vehicles but can cause crashes involving pedestrians as well. The injuries brought about by a car hitting a person can be significant, especially if the person is a minor. It follows, then, that as demonstrated in a recent New York ruling in which the court evaluated a jury’s verdict, the damages awarded in cases arising out of such crashes can be substantial. If you or your child were hurt in a car crash, you should speak to a Syracuse personal injury lawyer about your rights. Background of the Case It is alleged that when the minor plaintif ..read more
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New York Court Examines Liability in Rear-End Collision Cases
DeFrancisco & Falgiatano Syracuse Personal Injury Law Blog
by Jeff DeFrancisco
3M ago
In many rear-end collisions, the second driver is at fault. In some instances, though, the first driver’s actions contribute to the crash as well. As demonstrated in a recent New York case, in such instances, the first driver bears the burden of proving they should not be deemed liable, and if they cannot, the claims against them will proceed to trial. If you suffered injuries in a collision,  it is in your best interest to talk to a Syracuse personal injury attorney concerning what compensation you may be able to recover. Factual and Procedural Setting It is alleged that the plaintiff wa ..read more
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New York Court Discusses the Standard of Care in Medical Malpractice Cases
DeFrancisco & Falgiatano Syracuse Personal Injury Law Blog
by Jeff DeFrancisco
3M ago
It is not uncommon for people who suffer fractures to undergo care with multiple providers; if they subsequently suffer complications, each provider may ultimately be deemed responsible for their losses. Whether a medical malpractice case involves one or many defendants, though, the plaintiff must establish a deviation from the accepted standard of care and show that such a departure caused their harm in order to recover damages. Recently, in a New York ruling delivered in a medical malpractice case, the court clarified what evidence is needed to demonstrate a breach of the standard of care. I ..read more
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New York Court Discusses Judgment as a Matter of Law in Car Accident Cases
DeFrancisco & Falgiatano Syracuse Personal Injury Law Blog
by Jeff DeFrancisco
4M ago
The majority of car accidents occur due to careless driving. In many cases arising out of collisions, though, the parties dispute whose negligent operation of a vehicle actually caused the crash. In such instances, the courts typically will not order judgment as a matter of law in one party’s favor, as demonstrated in a recent New York case. If you were involved in a harmful collision, it is advisable to talk to a Syracuse personal injury attorney about what damages you may be owed. Facts and Procedure of the Case It is reported that the plaintiff was driving a sedan on an expressway when his ..read more
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New York Court Examines Proximate Cause in Medical Malpractice Matters
DeFrancisco & Falgiatano Syracuse Personal Injury Law Blog
by Jeff DeFrancisco
4M ago
In any medical malpractice matter, the plaintiff must show not only that the defendant failed to abide by the prevailing standard of care but also that the defendant’s deviation from the standard of care proximately caused the plaintiff to suffer harm. If the plaintiff does not meet this burden, their claims may be dismissed, as demonstrated in a recent New York ruling. If you were injured due to a doctor’s neglect, it is in your best interest to confer with a Syracuse medical malpractice attorney to discuss your options. History of the Case It is reported that the first defendants, a physicia ..read more
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New York Court Discusses Establishing Liability in Car Accident Cases
DeFrancisco & Falgiatano Syracuse Personal Injury Law Blog
by Jeff DeFrancisco
5M ago
In many collisions, the negligence of multiple drivers will combine to set off a chain of events that ultimately cause the crash. Simply because a car accident involves multiple drivers does not mean that they are all at fault, however, as discussed in a recent New York ruling. If you were injured in a car accident, you may be owed compensation, and it is smart to meet with a Syracuse personal injury attorney to determine what claims you may be able to pursue. Facts and Procedural History It is alleged that the plaintiff sitting in the front seat of a vehicle driven by the defendant driver one ..read more
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Court Distinguishes Negligence from Medical Malpractice in New York Case
DeFrancisco & Falgiatano Syracuse Personal Injury Law Blog
by Jeff DeFrancisco
5M ago
Home health care aides are expected to ensure that the people they assist are safe an well taken care of; unfortunately, however, they do not always possess the skills and training needed to do so, and falls and other harmful incidents often occur in their presence. While companies and individuals that provide home health care may offer medical services, merely because their negligence causes an injury does not mean that they will be liable for medical malpractice, as discussed in a recent New York case. If you were hurt in a fall, it is prudent to confer with a Syracuse personal injury attorn ..read more
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Court Discusses Demonstrating Liability for Medical Malpractice Under New York Law
DeFrancisco & Falgiatano Syracuse Personal Injury Law Blog
by Jeff DeFrancisco
6M ago
It is not uncommon for a patient to undergo multiple procedures for a single medical issue. While typically, such treatment will offer them relief, in some cases, it will unfortunately result in compounded harm. In such cases, more than one provider may be deemed liable, as demonstrated in a recent New York case in which the plaintiffs sought medical malpractice claims against multiple defendants. If you were harmed due to an improperly performed procedure, it is advisable to talk to a Syracuse medical malpractice attorney about your rights. Case Background It is reported that the plaintiff un ..read more
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