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Personal Injury Cases And Strict Liability

Published on: January 31, 2023 | By Dietrich Law Firm P.C.

Strict-Liability-scaled Although most personal injury lawsuits depend on proving negligence, there are certain cases where plaintiffs do not need to show that the defendant was negligent. Strict liability, also called absolute liability, is a legal doctrine that holds a person or entity responsible for a victim’s injuries, even if that party was not negligent or at fault. In cases involving strict liability, defendants can still be held accountable even if they exercised reasonable care.

The most common types of personal injury lawsuits where strict liability may be applied include:

Product Liability: Designers, manufacturers, and wholesalers can be held strictly liable when their defective, faulty, or substandard product injures a consumer. For absolute liability to apply, the victim’s lawyer must establish that the product’s deficiency was the proximate cause of their injury. This type of claim also requires proof that when the accident occurred, the consumer was using the product as intended. In other words, if the victim misused the product, leading to injury, the defendant might not be held responsible.

How To Avoid The 5 Most Common Types Of Accidents

Published on: November 15, 2022 | By Dietrich Law Firm P.C.

The-5-Most-Common-Accidents-scaled Although the last thing anyone wants is to be the victim of an accident, mishaps are part of life. To better safeguard you and your loved ones, it is imperative to be aware of the most prevalent types of accidents. Below, the Dietrich Law Firm P.C.’s team of personal injury lawyers has listed the most frequently occurring accidents along with crucial tips to avoid them:

Car Crashes: According to the National Highway Traffic Safety Administration (NHTSA), an estimated 42,915 victims suffered fatal collisions last year. The most significant annual percentage increase in reporting history. Most car accidents are caused by distracted driving, drunk driving, speeding, and weather conditions. You can avoid severe collisions by always driving prudently and defensively, staying focused on the road, adapting to changing driving conditions, and never getting behind the wheel while under the influence.
Slip and Fall Accidents: In a recent year alone, fall-related accidents accounted for more than eight million emergency room visits. Most fall injuries occur at ground level and commonly result in broken bones, such as hip or wrist fractures. You can avoid most falls by taking your time, wearing appropriate footwear, and staying attentive. Slips are more likely to take place when you rush, ignore where you are stepping, or wear the wrong type of shoes.

What Does The Statute Of Limitations Mean?

Published on: October 25, 2022 | By Dietrich Law Firm P.C.

Statute-of-Limitations-scaled Suppose that you, or a family member, have been injured in an accident caused by another person’s negligence or recklessness. You may be able to file a personal injury lawsuit. Pursuing a case against the responsible party could be your only means to recover compensation. However, you only have a limited time to file your claim. The deadline is known as the statute of limitations (SOL). The statute of limitations, like a countdown, can significantly impact when or even if you can pursue your case. Regardless of the strength of your claim, when the statute of limitations runs out, your case will be considered time-barred. Meaning the defendant can assert that the statute of limitations has run out and ask the court to dismiss the lawsuit on that basis alone.

The Purpose Of The Statute Of Limitations

The statute of limitations are laws that establish a maximum duration from the date of the incident that a victim must commence legal proceedings. These laws are based on the principle of fairness and apply to criminal and civil cases. Over time, evidence is improperly preserved, memories tend to fade, and witnesses start to disappear. People move on with their lives and do not expect to be sued for accidents long ago. Some crimes, such as murder in the 1st degree and treason, are so horrendous that they cannot be time-barred.

Will I Have To Go To Court?

Published on: August 30, 2022 | By Dietrich Law Firm P.C.

Young-Woman-Testifies-In-Court-scaled Suppose you or a loved one have suffered devastating injuries in an accident caused by someone else’s negligence. In that case, you must understand all of the legal options available to recover damages. Although accident victims have the right to take their injury claims to court under New York law, most lawsuits get settled without going to trial. Contrary to what most people think, only about 3 percent of all cases go to court.

When hospital bills and other expenses are piling up, and a victim is not getting paid because they cannot work, it can be highly tempting to take the insurance company’s first settlement offer. However, insurance adjusters often try to exploit victims by offering lowball settlements. Before accepting any offer, discussing your case with a knowledgeable personal injury lawyer is imperative to ensure that you maximize your compensation.

Negotiations And Settlement Offers

Should I File an Insurance Claim If I Am Injured In An Accident?

Published on: May 31, 2022 | By Dietrich Law Firm P.C.

Young-woman-confused-by-insurance-form-300x200 Being the victim of an accident can be an extremely traumatic event, especially if you have suffered injuries, property damage, or other significant losses. Even seemingly minor accidents can have disastrous repercussions, such as life-long disabilities, permanent disfigurements, complete paralysis, and traumatic brain injuries. Since most accidents are unpredictable and transpire with little to no warning, victims are usually uncertain about their next steps. The last thing any accident victim wants to worry about is filing the proper forms. With a highly experienced personal injury attorney, the legal process after an accident does not have to be overwhelming.

The Insurance Claim Process

Whether you have suffered injuries resulting from a dog bite, slip and fall, or supermarket accident, filing an insurance claim is your first step towards obtaining compensation. Although insurance claims may appear complicated, filing a claim may not be as difficult as you think. It should be completed as soon as reasonably possible. It is essential to realize that New York is a no-fault state. This means that irrespective of who was at fault in a car crash, you can file a claim with your own insurance company to recover damages.

How Do You Prove Negligence?

Published on: May 10, 2022 | By Dietrich Law Firm P.C.

Prove-Negligence-Blog-300x227 Suppose you have been seriously injured in an accident because of another’s wrongdoing. You may be eligible to pursue monetary compensation through a personal injury lawsuit. However, to hold the other party financially liable for your damages, you must first prove that they were negligent. Understanding the legal elements of negligence can help you win your Buffalo, New York injury claim.

The Reasonable Person Standard

A reasonable person is somebody who approaches all situations with a sufficient amount of caution before prudently taking action. This was established to provide courts with an objective criterion that can be applied when determining whether a defendant’s actions constitute negligence. In other words, a jury must decide what a reasonable person would have done under conditions similar to the defendants. After comparing the defendant’s conduct to that of a reasonable person, they may find that the defendant was negligent if their conduct failed to meet the reasonable person’s standard.

If I Am Injured, What Type Of Lawyer Do I Need?

Published on: April 26, 2022 | By Dietrich Law Firm P.C.

Choose-the-right-lawyer-300x200 Victims suffer injuries in tens of millions of severe accidents every year, such as slips and falls, collisions, and dog bites. Most of these injuries are caused by someone else’s negligence or even recklessness. The consequences of being involved in an accident can range from serious personal injuries and post-traumatic stress disorder to the destruction of property and costly hospital bills. Over 40 million accident victims require medical care due to various personal injuries each year. If you or a loved one have been injured due to someone else’s negligence, you may be wondering what type of lawyer to call.

Personal Injury Attorneys Help Accident Victims

If you, or a family member, have been injured in an accident that was caused by another’s carelessness, a personal injury lawyer is someone who can provide you with legal representation. Personal injury lawyers specialize in tort law, including negligent and intentional acts. This type of attorney focuses on pursuing monetary compensation for accident victims through civil litigation. It is crucial to choose a lawyer who has significant experience litigating the type of injury related to your case.

Scarring And Disfigurement After A Personal Injury Accident

Published on: November 16, 2021 | By Dietrich Law Firm P.C.

Face-Wound-Dressing-300x200 Unfortunately, even after an accident victim’s initial pain subsides, they could be left with permanent scarring and other disfigurements. Most scarring is caused by damage to the skin, such as scratches, abrasions, and puncture wounds. Depending upon the severity and location of the scar, it can significantly impact a victim’s ability to work and even perform routine tasks. Besides being a constant reminder of the traumatic injury, even the slightest alterations in a victim’s appearance can bring about overwhelming depression and emotional pain. Victims with scars in prominent places, such as the head, face, neck, or hands often struggle with terrible self-esteem and anxiety.

Leading Causes Of Scarring And Disfigurement

The impact of scarring and disfiguring injuries can last the victim’s entire lifetime. Scarring is a normal part of the healing process. Just about any wound, burn, or other trauma, such as surgery, can result in scar tissue. After an accident, the most common types of scarring and disfigurement injuries include:

Common Personal Injury Accidents In Buffalo, New York

Published on: October 26, 2021 | By Dietrich Law Firm P.C.

Leg-Cast-with-Crutches-300x200 Approximately 40 million accident victims require medical treatment for an assortment of personal injuries each year. With numerous types of accident-related damages, some have the potential to drastically alter victims’ lives forever. Most personal injuries result from accidents involving another’s negligence. Unfortunately, negligence can cause innocent victims to suffer severe injuries, which lead to costly hospital bills, rehabilitation, pain and suffering, and lost wages from missing work.

The Five Most Prevalent Types Of Personal Injury Accidents

Car Crashes: Car accident claims are the most common personal injury cases in Buffalo, New York, and throughout the country. Every year, millions of victims sustain severe injuries due to car crashes. Collisions are often caused by careless or irresponsible driving practices, such as distracted driving, driving while sleep-deprived, driving under the influence, and speeding.

Dog Bite Injuries

Published on: August 31, 2021 | By Dietrich Law Firm P.C.

Dog-Bite-1-300x200 According to the United States Centers for Disease Control and Prevention (CDC), over 4.7 million victims are bitten by dogs throughout the country each year. Approximately 20 percent of bite victims suffer injuries serious enough to require medical attention. Children are the most common victims and are more likely to bear brutal wounds. Dog bites can lead to nerve damage, amputations, permanent disfigurement, and even death in severe cases. People are often shocked to discover that most bites involve domesticated dogs, as opposed to stray dogs. Almost 80 percent of bite victims are the dog’s owners or their children, friends, or relatives.

Why Do Dogs Bite?

Any dog, whether big or small, young or old, can bite. Even the friendliest, cutest, and most playful dogs have bitten people. While dogs bite for various reasons, typically biting is a reaction to something. Dogs can snap because they feel nervous, afraid, or have been startled. When a dog finds itself in a stressful or threatening situation, it may attack to protect itself or its territory. They sometimes bite to defend something precious, such as their puppies, food, or even a favorite toy.