Negligent Supervision

How To Get Compensation For Wrongful Death After A Drowning Accident

Published on: November 12, 2024 | By Dietrich Law Firm P.C.

11-12-24-Wrongful-Death-300x200 Drowning Accidents and Wrongful Death Damages

Standing in Wrongful Death Claims

In New York State, only the executor of the decedent’s estate has standing to file a wrongful death lawsuit. The executor is the person, or party, who has been nominated to initiate probate, manage estate assets, and distribute inheritances. Executors are often nominated in a last will and testament, but they may be appointed by a surrogate’s court if no will and testament was executed.

How To Obtain Compensation For Emotional Distress After A Drowning Accident

Published on: November 5, 2024 | By Dietrich Law Firm P.C.

The Legal Definition of “Drowning” is More Expansive Than You Might Expect

People often make the mistake of presuming that a person who has drowned is a person who has passed away. However, drowning is not always a fatal occurrence. In both medicine and law, the term “drowning” is used to describe respiratory impairment caused by submersion in water or another liquid.

Nonfatal drownings can have serious repercussions. Drowning-related complications include, but are not limited to, the following:

How to Get Compensation for Lost Wages After a Drowning Accident

Published on: October 29, 2024 | By Dietrich Law Firm P.C.

10-29-24-Drowning-sign-300x250 Drowning accidents can have far-reaching consequences.

Unlike the sort of intense physical trauma inflicted in a car crash, the impact of drowning can be much more subtle, affecting survivors in ways that aren’t always easy to see from the outside looking in. These seemingly “invisible” symptoms can present stark difficulties, turning routine tasks into real challenges.

In New York, anyone who suffers serious injuries caused by another person’s negligence could be entitled to compensation.

Obtaining Compensation For Pain and Suffering After A Drowning Accident

Published on: October 23, 2024 | By Dietrich Law Firm P.C.

Drowning Accidents

Drownings may be a leading cause of accidental death, but they are not always fatal.

Medical professionals typically define “drowning” as any form of respiratory impairment caused by submersion in liquid. In other words, any person who struggles to breathe after inhaling water is technically drowning, even if they do not pass away or lose consciousness.

How To Get Compensation For Medical Bills After A Drowning Accident

Published on: October 8, 2024 | By Dietrich Law Firm P.C.

10-8-24-money-troubles-300x200 Drowning is a leading cause of accidental death across the United States, but most drownings are non-fatal. However, even when a drowning incident doesn’t end in death, recovery does not always end after resuscitation. Even when survivors seem fine, risks abound.

Here are five steps you should take to protect your finances after an accident:

Seek Immediate Medical Attention

What to Expect During a Drowning Accident Trial in Upstate New York

Published on: August 28, 2024 | By Dietrich Law Firm P.C.

1. Pre-Litigation: Consultation and Investigation

Preparing to take a case to trial is an intensive process.

Before filing a lawsuit, you’ll likely need to schedule a free consultation with a drowning accident attorney. Even if you’re confident in your claim, a lawyer can typically help assess your chances of obtaining compensation.

Top 5 Tips to Prevent Drowning Accidents

Published on: August 20, 2024 | By Dietrich Law Firm P.C.

Drowning Doesn’t Just Mean Death

The term “drowning” is closely associated with death, but most drownings are not fatal.

In medicine and law, the definition of drowning is nuanced: it is not an outcome, but a process defined by “respiratory impairment from submersion [or] immersion” in water or another liquid.

10 Ways to Keep Your Children Safe from the Risk of Accidental Drowning

Published on: August 14, 2024 | By Dietrich Law Firm P.C.

1. Understand that Drowning Isn’t Always Fatal

Drowning is a leading cause of death for children around the world, but most drownings are not fatal. Instead, the term “drowning” can be used to describe any situation in which a person experiences “respiratory impairment from submersion [or] immersion,” whether in water or another liquid.

2. Assess Your Family’s Risk Factors

What To Expect During A Car Accident Trial In Upstate, New York: A Guide For Plaintiffs

Published on: February 13, 2024 | By Dietrich Law Firm P.C.

What-to-Expect-at-Trial-Blog-scaled Being involved in a car accident is stressful enough, but the prospect of a trial can feel overwhelming. Suppose you’re facing this situation in Upstate New York. In that case, understanding the process can ease your anxiety and empower you to make informed decisions. Our elite team of Buffalo, New York, car accident injury lawyers at the Dietrich Law Firm P.C. represents countless car accident victims and wants to guide you through what to expect during a trial.

Before The Trial:

Discovery: This phase involves exchanging information and evidence between both parties. We’ll assist you in gathering crucial documents like accident reports, medical records, and witness statements. This stage is essential for building a strong case.

How Do You Prove A Negligent Supervision Claim?

Published on: March 28, 2023 | By Dietrich Law Firm P.C.

Negligent-Supervision-scaled Employers are typically in charge of overseeing employees and other staff members. Employers have a legal duty to the public to supervise their workers sufficiently. When an employer fails to exercise appropriate supervision, that business can be held liable through a negligent supervision claim. An accident victim may be entitled to pursue a lawsuit against the company of an employee who caused their injuries. Consequently, multiple parties are often held legally responsible in accidents involving careless workers.

Negligent supervision is a concept derived from the doctrine of vicarious liability, which holds an employer responsible for an employee’s actions during the scope of their employment. However, negligent supervision claims are often used to sue businesses when an employee’s negligence is outside the scope of their employment. These claims are filed directly against employers for their irresponsible actions or inactions. Therefore, when justice cannot be obtained under the legal theory of vicarious liability, our litigators may be able to pursue a negligent supervision claim to hold the employer accountable.

The Legal Elements Of Negligent Supervision