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Farm/Tractor Accident | Lawyers/Attorneys

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Farm/Tractor Accident2020-08-25T17:02:42+00:00

Farm / Tractor Accidents | Lawyers & Attorneys

Some of the most serious injuries occur from accidents that happen on a farm. Most of these accidents involve negligently or recklessly operating tractors or other farming equipment that can cause serious injuries. Whether you have been involved in a crash with a farm vehicle, have been injured while using farm equipment, or have been injured because of a defective condition on a farm, an experienced personal injury lawyer who handles farm and tractor cases may be able to obtain a recovery for the injuries you have suffered.

Frequently Asked Questions about Farm & Tractor Accidents

Our personal injury lawyers provide answers to some important questions below.

What are my rights if I am injured on a farm?2020-07-08T18:30:20+00:00

If you are injured on a farm because of someone else’s negligence, you have the right to pursue a claim and to be compensated for the injuries you have suffered including the out of pocket losses you have incurred. You have no obligation to talk to any insurance company representative without first speaking to a lawyer.  You should meet with a personal injury lawyer who can guide you through the personal injury case process.

Can I bring a lawsuit if I am injured on a farm or by farm equipment?2020-07-08T18:29:59+00:00

Yes. If you are injured in an accident on a farm, a claim can be brought against the Farm and the owners of the land if they are owned by separate individuals or companies.  To file a claim a farm accident personal injury lawyer will first want to meet with you to discuss the particulars of your claim. Thereafter, your lawyer will contact the farm and the farm’s insurance company to initiate a claim. In addition to investigating the cause of the accident, your lawyer will obtain all medical records and understand the full extent of your pain, suffering and out of pocket losses. Your personal injury lawyer will attempt to settle your claim and/or file a lawsuit against those that caused your injuries. In most cases, a successful claim will be paid by the insurance company from the farm or landowner.

How much can I recover for my injuries if I am injured?2020-07-08T18:29:35+00:00

The amount of compensation you are entitled to depends on many factors including the full extent of your physical injuries and the total amount of out of pocket losses you have suffered. In terms of physical injuries, the value ranges from very minor injuries which would be worth very little to very serious injuries such as fractures, injuries that require surgery and hardware, loss of limbs and brain injuries that have significant values. The seriousness of the injury and the impact on your life ultimately determine, the value of the case.  In addition to pain and suffering, it is also important to calculate past and future lost earnings, and past and future out of pocket losses for medical expenses. If you are unable to work in the future because of your injuries, future lost earnings can be a substantial part of a personal injury lawsuit. Serious farm injury cases can have extremely high settlement and verdicts, ranging from hundreds of thousands of dollars to multi-million dollars.

How do I recover money if I am injured on a farm or by a farm vehicle?2020-07-08T18:29:11+00:00

If you are injured on a farm or by a farm vehicle your claim lies against the farm and the owner of the farm vehicle which both likely carry insurance coverage. Certain agricultural vehicles and trailers are required to maintain NY State automobile liability insurance coverage. The vehicle must carry a minimum insurance coverage of $25,000 for bodily injury and $50,000 for death for a person involved in an accident. Additionally, the farm or landowner likely carries insurance in the event of an injury on the farm.

How long do I have to file a claim if I am injured on a farm or by a farm tractor?2020-07-08T18:28:47+00:00

Generally, the time frame to pursue a claim if you are injured on a farm or by a tractor or other farming equipment is 3 years from the date of the accident. This time limit will be extended if the person who was injured is a child or minor. Other limitations would apply if the farm or land is owned or operated by a municipal entity. Limitations with respect to a municipal entity are generally shorter than other time frames, so it is important to consult with a personal injury attorney to ensure your potential claim is not lost forever.

I was injured while riding on a tractor, do I have a claim?2020-07-08T18:28:10+00:00

Maybe. Whether you have a right to file a claim depends on how the accident happened. If you were injured because of the conduct or negligence of another person, business or company, and if you’ve suffered injuries, you have a right to be compensated for the pain, suffering and economic losses you have suffered.

How does a lawyer prove my claim if I was injured by a dangerous condition on a farm?2020-07-08T18:27:48+00:00

A farm owner has a duty to use reasonable care to keep the farm in a reasonably safe condition for the protection of all people who visit the farm. If a farm owner negligently maintains their property, and if you suffer an injury because of the farm’s negligence, you have the right to bring a lawsuit against the farm owner or the landowner.  To bring a successful claim your farm accident personal injury lawyer must prove: (1) that the premises were not reasonably safe; (2) that the defendant was negligent in not keeping the premises in a reasonably safe condition; and (3) that the defendant’s negligence was a substantial factor in causing your injury. If these elements are proven, you are entitled to recover for your injuries.

How does an injury lawyer prove my claim if I am injured by tractor?2020-07-08T18:27:21+00:00

For a personal injury lawyer to successfully pursue your claim the lawyer must prove the defendant was negligent. Negligence is lack of ordinary care. It is a failure to use that degree of care that a reasonably prudent person would have used under the same circumstances. To prove negligence an injury lawyer must prove that the defendant owed you a duty of care, that the defendant breached the duty of care, and as a result caused you to suffer injuries. The injuries can be physical as well as economic.

If I was injured by an employee of the farm, do I still have a claim against the farm owner?2020-07-08T18:26:43+00:00

Probably. An employer may be held liable for acts of an employee that cause injury to another person if the act was foreseeable and was in the furtherance of the employer’s business. An employee’s act is generally within the scope of employment when it is in the furtherance of the  business and when the employer is, or could be, exercising some degree of control over the employee.

If I am partially at fault can I still bring a claim?2020-07-08T18:26:17+00:00

Yes. Even if you are partially at fault for causing the accident or injuries you have suffered, you can still bring a claim in New York against the other at fault party. The law says that even if you contributed to the accident and were “contributorily negligent” or have some amount of “comparative fault” you can still recover damages for the amount the other party was at fault. In other words if you were 40% at fault and the farm, landowner or equipment owner was 60% at fault, you can recover 60% of your damages from the other party. In terms of dollars under this example, if your case is worth $1,000,000, you would be entitled to recover $600,000 from the at fault party.

Timeline of a Personal Injury Case

  • If injured, when ready, contact a personal injury lawyer to determine if a claim can be pursued on your behalf

Personal Injury Lawyers Attorneys Lamarche Safranko Law Firm Albany NY

  • Meet with a lawyer to discuss the incident
  • Bring medical records or other relevant documents including an accident report if available
  • Your lawyer will help you understand the process of a personal injury case

Personal Injury Lawyers Attorneys Lamarche Safranko Law Firm Albany NY

  • Follow the doctors’ advice
  • Go to all medical appointments
  • Report all symptoms to doctors
  • Take photos of injuries
  • Tell lawyer anytime a new doctor is seen

Personal Injury Lawyers Attorneys Lamarche Safranko Law Firm Albany NY

  • Determine how and why the injury occurred
  • Speak with witnesses
  • Obtain any investigative reports
  • Obtain scene, vehicle and product photos, as applicable
  • Obtain medical records and bills
  • Consider all possible claims and theories of liability against any potential defendant
  • Consult with experts

Personal Injury Lawyers Attorneys Lamarche Safranko Law Firm Albany NY

  • Communicate and negotiate with the insurance company
  • Obtain a settlement or pursue a lawsuit

Personal Injury Lawyers Attorneys Lamarche Safranko Law Firm Albany NY

  • File a summons and complaint prior to the statute of limitations
  • Serve the legal documents on the defendants

Personal Injury Lawyers Attorneys Lamarche Safranko Law Firm Albany NY

  • Prepare and exchange evidence with the other lawyers in the case
  • Conduct depositions of all relevant parties (also called EBTs)
  • Defense medical examination conducted
  • File motions (written applications) to the court if necessary

Personal Injury Lawyers Attorneys Lamarche Safranko Law Firm Albany NY

  • Participate in arbitration or mediation if appropriate
  • Determine liens if any
  • Settle the case or proceed to trial

Personal Injury Lawyers Attorneys Lamarche Safranko Law Firm Albany NY

  • You have the right to a trial by jury or by the judge who will act as both judge and jury
  • At a trial, the injured person must prove it was more likely than not that the defendant was negligent and caused injuries
  • The judge or jury will listen to all the evidence presented and the arguments by the lawyers, apply the facts to the law, and render a decision

Personal Injury Lawyers Attorneys Lamarche Safranko Law Firm Albany NY

Recent Verdicts & Settlements

Federal Employers Liability Act/FELA
Plaintiff suffered a significant back injury while working for CSX.

$1,100,000.00

Worksite Injury
Plaintiff was injured when a fork from a forklift truck fell on top of his left leg, severely fracturing the tibia and fibula, requiring numerous surgeries and resulting in a permanent, partial loss of use of his leg.

$1,016,000.00

Worksite Injury
Plaintiff, a roofing contractor, suffered a fractured skull, cervical spine fracture and fractured ribs after falling from a roof. The injuries left him with chronic pain and fatigue, limited tolerance for walking, lifting, or carrying and limitations in his hearing and vision.

$900,000.00

Worksite Injury
Plaintiff was an ironworker who was injured when he fell from a ladder, suffering fractures to both elbows resulting in permanent loss of strength and loss of range of motion in both arms. His impairment limited the number and types of employment opportunities and limited his future earning potential.

$750,000.00

Automobile Accident
Plaintiff was a passenger in a vehicle which went off the road and rolled over, causing him to suffer significant permanent injuries, including skull fracture; fractured mandible requiring surgical placement of plates and screws; facial fractures and lacerations; sternal fracture; spinal fractures; lacerations to spleen, liver and lung; multiple rib and toe fractures; tinnitus and hearing loss; post-traumatic stress disorder; facial scarring and numbness.

$1,300,000.00

Wrongful Death
Plaintiff, a 49-year-old man, was discharged from the hospital with critically low levels of potassium, which precipitated a fatal arrhythmia at home and subsequently caused his death. His family brought a claim against the hospital for medical negligence and wrongful death.

$650,000.00

Nursing Home Negligence
An 87-year-old man was discharged from a local hospital on the afternoon of his death and returned to his assisted living facility. His health began to deteriorate throughout that evening; a nurse was told to check on him but never did. Facility staff found him unconscious on the floor in his room later that evening; paramedics were unable to revive him. It was claimed that the facility failed to obtain appropriate medical advice, assistance and treatment.

$250,000.00

Medical Negligence
Plaintiff suffered injuries as a result of negligent monitoring of prescription medication.

$500,000.00

Farm/Tractor Accident
The infant plaintiff fell from a tractor being operated by a farm employee and was run over by the tractor. The 10-year-old boy suffered a femur fracture requiring surgery, multiple facial fractures requiring surgery, foot and toe fractures and loss of consciousness.

$400,000.00

Bicycle Accident
Plaintiff suffered two dislocated shoulders and a dislocated elbow after he was struck by a vehicle, which negligently swerved onto the shoulder and into the bike lane.

$250,000.00

Negligent Assault
Plaintiff was assaulted outside of a bar in Saratoga and as a result suffered a traumatic brain injury, a fractured skull, brain swelling and brain bleeding, facial contusions and bleeding, as well as lacerations and bruises on his body.  He also suffered from short and long term memory deficits and other cognitive deficits.

$400,000.00

* Prior results do not guarantee future outcomes.

LaMarche Safranko Law Testimonials

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Vicki Testimonial Transcript
Well, I met George in 2014. My son was arrested for a criminal offense, and George—he has this ability, it’s just who he is. He’s genuinely empathetic and he’s very compassionate and he has the ability to just make you feel safe. You know? I just always felt I was in great hands and my son was in good hands and that we would have a good outcome of our situation and we always have. And he’s brilliant. He’s a brilliant lawyer. He’s very skilled and very creative. He has excellent rapport with all the judges and DAs and officials, and he’s always found a rehabilitative outcome for my son which I genuinely appreciate.

Laurie Testimonial Transcript
George was referred to me by my estate attorney. They go way back and it was a great referral, I don’t think I could have done any better, it was a very good match for me. Something that was really really instrumental in the whole thing was George keeping us up-to-date on what was going on and very much included. I was invited to be at all the depositions if I wanted to be and he gave me all the written depositions to read through, so I was always up-to-date on what was going on and I felt like a part of the process. I would definitely recommend George to other people. In fact, about 2 weeks ago I did. A friend of mine was in a pedestrian car accident, she was the pedestrian and is in pretty rough shape, and he was the first person I thought of so I actually asked him if it would be in his purview and he said yes. And I know that she’s very happy with him so far.

Jules Testimonial Transcript
What brought me to the firm was a personal incident where Andrew was recommended to me very highly by a family friend who’s also an attorney, and Andrew represented me to great satisfaction in that case. What impressed me the most about Andrew was his direct straightforward approach, and he has this incredible way of setting you at ease and yet telling you the good and the bad of a situation. I felt that he was very much a straight shooter and lived up to the reputation that preceded him. I would recommend them and Andrew Safranko to anybody in the world. They’re just that class of a group of people.

Chuck Testimonial Transcript
Well, I came to LaMarche Safranko Law because I knew Andy was here and he’s helped me in the past and I just feel so comfortable coming to him because you know you’re going to get the best outcome that you can get in a criminal law field. He’s done such a fabulous job for me and I’ve seen what he does for me, so I’m sure he’ll do the same—put out the same effort and energy and zeal it takes to win their case like he has mine. I would feel very comfortable recommending him.

“The staff at LaMarche Safranko Law took care of  whatever I needed, it was just fabulous. It was top shelf, if I called, I got George. If he was in a meeting, they left him a message. He called me right back after the meeting. Everybody was very courteous and very nice there. If I left a voicemail, everybody got back to me quickly. The level of service  was very, very good and I would Highly recommend them.”

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A personal injury client from Cohoes, NY

“My family and I cannot thank George and his staff enough for all of the support and guidance they have given us over the past six months. Anyone who has ever suffered a personal injury knows how difficult they are to overcome, but I’m glad we had such an intelligent and hardworking attorney on our side so I could focus on my recovery rather than on the details of the case….

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A personal injury client from Waterford, NY

“Dear Andrew and George,

I cannot thank you enough for your hard work, diligence, and selfless manner that you put towards my legal difficulties in Colonie. From the first moment I met you, you helped reassure me that things were going to turn out in a more favorable manner than I originally thought. Clearly, the final result of my court case displays the quality of time and work that you put into this….

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A client from Colonie, NY

“I am an attorney who found himself in the middle of a serious, personal legal matter that compromised not only my personal life but my professional life as well. I immediately contacted Andrew (Andy) Safranko, Esq. Andy worked tirelessly and extremely hard to bring my legal situation to a very favorable resolution. In so doing, Andy not only saved certain aspects of my personal and professional life

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Anonymous Attorney from Albany, NY

“Dear Mr. Safranko,

Thank You so much for answering my question, and so expediently!

The dedication, respect, and consideration with which you treat your clients, current and past, is remarkable. It is why I reached out to you when searching in my time of need, and why I would highly recommend…

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A client from Albany, NY

“Dear George, Andy and Staff,

Thank you all for your kindness and all your help in getting back to my wellbeing and life.  I could not have done it without you all.  Everything is going so well again.  I recommend you highly. Thanks Again!”

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A client from Troy, NY

“Throughout the attorney client relationship regarding my personal injury lawsuit, George and his staff continually exhibited tremendous amounts of legal knowledge, skill, and a vast amount of expert resources that ultimately resulted in a final judgment in my favor.  George was there every step of the way to explain where we stood and what to expect next and there was never a need to question his professional judgment…

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A client from Troy, NY

“Dear Andy,

Thank you so much for everything you have done for our son over the last three years.  This has been a very challenging time for our family and the knowledge that our son has an attorney as capable and amazing as you are has given us peace of mind!

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Parents of a client from Cropseyville, NY

“I cannot thank George E. LaMarche lll and his team for the excellent legal work they provided for my son, and in extension, our entire family. His experience, knowledge of the law, networking ability and communication is second to none. In our case, our son was wrongly accused by a small town police officer and charged with 5 tickets…

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A client from Altamont, NY

“I wanted to take this opportunity to thank you for your excellent representation on my recent matter. I have worked with lawyers, and in law firms much of my professional life, but I have never encountered the rare mix of skill, integrity and humanity in one individual—you….

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A client from Rensselaer, NY

“I can honestly say that the best decision I’ve ever made was retaining George LaMarche as my attorney. I was in a situation where everything wasat risk; my career, livelihood, and the ability to provide for my family. In desperation, I contacted over a dozen attorneys. The majority of the lawyers I spoke with promised results without seeing paperwork or knowing valuable facts….

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A client from Albany, NY

“No one likes to be in a bad situation, but if you need a lawyer George is your man. Not only does he point you in the right direction he offers good advice for your future. As much as we bring him business he does not encourage that next time anticipation….

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A client from Albany, NY

“I wanted to express my deepest appreciation to Mr. Andrew Safranko for the exceptional job he did in regards to my legal representation. Mr. Safranko displayed the utmost in professionalism and discretion during the entire court process, and took the time to explain each and every step….

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A client from Schenectady, NY

“The arrest of my husband in 2008 was an extremely difficult and emotional time for our family. The arrest turned our lives upside down. It was sudden and unexpected and had tragic emotional as well as financial consequences. I had no idea what to do under the circumstances….

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A client from Upstate New York
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