Articles Posted in Personal Injury

Dispute-Resolution-300x155Some people think that all personal injury cases have to go to trial. However, the truth is that only a small percentage of these lawsuits will ever be heard in court. Most personal injury claims are dealt with in other ways, such as settlements and alternative dispute resolutions. Arbitration, often viewed as a last resort before a case goes to trial, is a type of alternative dispute resolution (ADR). Both parties mutually agree to have a neutral decision-maker, called an arbitrator, provide a resolution. Like a judge, an arbitrator objectively listens to both sides of a case before reaching their decision.  

What Happens At An Arbitration?

Arbitration usually takes place inside a conference room at the Superior Court, where the plaintiff’s lawsuit was filed. While attending an arbitration is much less formal than going to court, the procedure is structured like a mini-trial. Lawyers for the plaintiff and defendant submit case packets to the arbitrator, which usually include police reports, photographs, hospital records, and statements from expert witnesses. During the private hearing, both parties present evidence to demonstrate what occurred to cause the accident and resulting injuries. Each side attempts to clarify its version of events through opening statements, witness testimonies, cross-examinations, and closing arguments. After carefully examining and reviewing all of the facts, the arbitrator will determine liability, if the plaintiff is entitled to receive compensation, and the total number of damages awarded. The arbitrator’s final written decision is typically issued within a few business days. The decision can be binding or non-binding, depending on what the plaintiff and defendant agreed upon beforehand. When binding, the decision is considered final and entered as a judgment.  

https://www.calljed.com/blog/wp-content/uploads/2022/02/Screen-Shot-2022-02-22-at-10.04.47-AM-300x188.pngA T-Bone car accident occurs when one vehicle collides with another at a ninety-degree angle, forming a “T” shape. Typically, T-bones involve two vehicles and are also known as side-impact crashes or broadside collisions. These types of accidents tend to cause severe injuries and even fatalities. According to the National Highway Traffic Administration’s (NHTSA’s) Traffic Safety Facts Annual Report, angle collisions accounted for 6,354 deaths, approximately 20 percent of traffic fatalities. 

How Do They Occur?

Most T-Bone accidents happen at intersections when one vehicle fails to yield the right-of-way. For instance, a car may run a stop sign or red light and smash into the passenger side of another vehicle. However, side-impact crashes can occur anywhere and are not just limited to intersections. One common broadside scenario includes a driver backing out of an alley without noticing approaching vehicles. Additionally, various other factors can significantly contribute to broadsides such as:

Shoulder-Injury-300x200Shoulder injuries sustained in car accidents can be excruciating and traumatic. Even minor collisions can damage the tendons, nerves, soft tissues, bones, and joints of the shoulder. Given the anatomy of the human body, the rotator cuff region is particularly vulnerable to severe aching and pain following a crash. Please continue reading to learn more about shoulder injuries and your rights as a car accident victim.  

Most Common Shoulder Injuries

Research has determined that over 80 percent of shoulder injuries suffered in car accidents were to the seatbelt shoulder. These types of injuries can vary significantly depending on the severity and type. Crashes can cause a broad spectrum of shoulder injuries, including: 

HEAD-ON-COLLISION-300x200A head-on collision, also commonly known as a “front impact accident” or “frontal crash,” occurs when two vehicles moving in opposite directions smash into each other’s front ends. Because of the high speeds often involved, head-on collisions tend to be some of the most gruesome types of car accidents. Generally, the gravity of injuries accompanying front impact accidents is much more substantial when compared to other types of crashes, such as sideswipes or rear-end collisions. For victims that are fortunate enough to survive these ravaging crashes, it may take months or even years to begin to recover physically, psychologically, and emotionally. Not to mention the hospital bills and other financial damages to consider, which add further stress to victims and their families.  

Head-On Collisions Often Result In Devastating Injuries  

Although frontal crashes are uncommon compared to other car accidents, statistics confirm that they are the most dangerous and fatal of all crashes. According to the Insurance Information Institute, head-on collisions only accounted for 2 percent of all car accidents in a recent year. However, they were responsible for more than 10 percent of all deadly crashes. Head-on collisions generate the most significant impact force when both vehicles are in motion directly before colliding. During even head-on collisions that involve relatively low speeds, drivers and passengers are highly vulnerable to destructive forces. Common injuries that victims suffer include:

Lawyer-Up-Blog-300x200It is crucial to retain a personal injury attorney whenever you have been injured in an accident caused by someone else’s negligence, carelessness, or recklessness. Everything that you do in the wake of an accident can influence the outcome of your lawsuit. Even the slightest mistake could lead to a substantially lower settlement offer or judgment. The Dietrich Law Firm P.C.’s battle-tested personal injury lawyers recommend contacting us immediately after your accident. Having a legal expert carefully review your claim and answer questions can help you better understand your legal rights. After consulting with our highly experienced and knowledgeable attorneys, you can decide the best way to proceed with your case. 

Reasons To Hire A Personal Injury Lawyer

Even minor rear-end accidents can severely injure your neck, back, and spinal cord. Regardless of how simple you think your claim is, even the most straightforward personal injury cases regularly involve various intricacies. No victim should ever have to go through this minefield alone. You should always retain the services of a personal injury law firm, especially in the following situations:

Passenger-Injuries-300x200While the safety features on vehicles advance, most manufacturers have focused on protecting drivers while leaving passenger safety systems deficient. Consequently, passengers often suffer the brunt of injuries. Depending on the circumstances that led to the accident, passengers may be able to hold the drivers of the cars they were in, drivers of other vehicles involved, manufacturers of defective vehicles or parts, and government entities responsible for their injuries.

Common Passenger Injuries

During even minor accidents, passengers’ bodies can be subjected to powerful forces, such as unexpected acceleration, abrupt stopping, and extreme rotation. Depending on where a passenger was sitting, the type of accident, and the speed of the vehicles, the severity of their injuries can vary substantially. For example, passengers seated in the front are more likely to hit their heads on dashboards and suffer traumatic brain injuries (TBIs). The risk of backseat passengers suffering whiplash or spinal injuries is significantly higher, especially during rear-end crashes. In the event of a side-impact collision, passengers sitting on the impacted side of the vehicle are particularly vulnerable. Additionally, passengers can suffer a broad spectrum of other injuries and complications, including:

Mediation-300x183Approximately only 3 percent of all personal injury cases go to trial. Most lawsuits are settled outside of court through negotiation or alternative dispute resolution. One of the most common types of alternative dispute resolution is called mediation. Mediation is a voluntary process where the plaintiff and defendant meet with a neutral third party called a mediator. The mediator, often a retired judge or attorney with vast experience and knowledge in personal injury litigation, tries to help both sides reach a mutually agreeable settlement. 

What Takes Place During Mediation?

Before the mediation, lawyers from each party provide case briefs for the mediator to read and present to the opposing side. At the mediation, both parties have an equal opportunity to reveal evidence and make statements regarding their respective versions of the accident. The mediator also facilitates dialog between the plaintiff and defense attorneys. After the parties discuss the case, the mediator separates the parties into different rooms and speaks to them in private. In an attempt to arrive at a common understanding, the mediator will repeatedly go back and forth between the plaintiff and defendant’s rooms. 

VICARIOUS-LIABILITY-300x225The legal doctrine of vicarious liability is a form of secondary liability, meaning that one party can be held accountable for the acts of another. Vicarious liability commonly arises out of the legal responsibility employers have for the actions of their employees. In other words, when an employee’s negligence or irresponsibility during the scope of their employment causes an injury, their employer may also be held liable. Throughout history, various legal terms, such as respondeat superior, principal and agent, and master and servant, have all been used to place vicarious liability on third parties that retained the right to control the person at-fault for an accident. Since employers carry comprehensive insurance policies and sufficient financial resources, establishing vicarious liability can help victims obtain total compensation for their injuries.  

Personal Injury Cases That May Involve Vicarious Liability

 A fundamental element that separates this legal doctrine from other forms of liability is the lack of necessary direct participation. For vicarious liability to arise, the third party is not required to be present during the accident. Instead, liability is based on the negligent actions of an employee. The most common types of personal injury lawsuits where vicarious liability may be applied include:    

Whiplash-300x179Car accidents are one of the country’s leading causes of neck injuries. Over 800,000 crashes involving neck injuries are reported throughout the United States each year. Despite being a highly vulnerable part of the body, the neck has minimal protection during a car accident. While wearing a seatbelt can help keep your body in place, your neck and head are left unrestrained. In the event of a car crash, a victim’s neck can quickly jolt back and forth, be violently jerked from one side to another, or even be struck by flying debris. Abrupt, sharp movements are known for causing severe injuries to the cervical spine’s tendons, ligaments, nerves, muscles, and joints.  

Signs And Symptoms Of Neck Injuries

In the wake of a collision, it often takes victims suffering from neck injuries several hours or even days before signs and symptoms emerge. For this reason, it is crucial never to ignore even relatively minor pain. When left untreated, a trivial neck injury could lead to lingering pain and chronic complications in the future. We strongly advise seeking immediate medical care if you experience any of the following:  

Insurance-Policy-300x200Some insurance companies are all about their bottom lines and will do everything possible to avoid paying legitimate claims. A bad faith insurance claim refers to an insurer trying to default on an obligation to a client. When policyholders file claims and insurance companies give them the rightfully deserved payment, that money is deducted from the insurer’s potential profits. Some insurance companies resort to various tricks and tactics to make claimants’ lives difficult to avoid lower profit margins. 

Common Examples Of Bad Faith

There are numerous ways in which insurance companies can act in bad faith. You may be eligible to pursue a bad faith insurance claim if:

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