Articles Posted in Personal Injury

Causation-scaledIn a personal injury case, the plaintiff must prove the defendant was negligent by demonstrating liability. To accomplish this, the plaintiff must establish the four legal elements of negligence. Causation is the third legal element needed to prove the defendant’s negligence. The legal term causation refers to the causal link between the defendant’s conduct and the plaintiff’s damages. In other words, causation provides a crucial way to connect a specific action or inaction by the defendant with its effect on the victim. The defendant’s conduct must have led to the victim’s injuries to prove causation. 

The Two Facets Of Causation

The two main aspects of causation include:

CDL-Blog-scaledOperating a commercial vehicle is vastly different and more challenging than driving a passenger vehicle. Large trucks weigh up to 80,000 pounds and are often 30 times heavier than the average passenger vehicle. The massive size and weight of semi-trucks drastically exacerbate the impact and damage they can inflict in the unfortunate event of an accident. The stopping distances required for these enormous vehicles are considerably longer. Consequently, obtaining a commercial driver’s license is imperative because of the additional training and skills needed to operate a semi-truck safely.

Do I Need A Commercial Driver’s License? 

Truckers must obtain a commercial driver’s license (CDL) to drive certain vehicles, such as dump trucks, tractor-trailers, and tankers. A CDL is also required to operate a bus, stretch limousine, or any vehicle designed to transport 15 or more passengers. New York State requires truckers to have a CDL to drive any vehicle with a gross vehicle rating of more than 26,000 pounds. Additionally, a CDL is needed to operate any size vehicle carrying material classified as a select agent or toxin or requiring a hazardous material placard.

Building-Code-scaledLocal municipalities, Erie County, and New York State have enacted various building codes and other standards to ensure public safety. These codes regulate the construction, repair, and maintenance of shopping malls, residential properties, and large office buildings. When building code violations and other property owner negligence occur, devastating personal injury accidents are bound to happen. Suppose you, or a loved one, were injured as a guest or visitor on someone else’s property. In that case, you may be entitled to pursue a premises liability lawsuit against the owner or other responsible party.  

Common Types Of Code Violations And Negligence 

Unfortunately, these violations occur more often than most people would think. While some minor building code violations may not pose substantial safety risks, others can be hazardous. Some of the most dangerous building code violations include:

Car-Insurance-Blog-scaledEvery motorist must have automobile insurance to drive in New York State legally. You must fully understand your insurance policy because your coverage will determine what compensation you may receive in the unfortunate event of a collision. 

The Main Types Of Car Insurance Policies

Carefully reviewing your car insurance coverage can help protect you from unnecessary costs should you be involved in an accident. Types of car insurance include:

EVIDENCE-scaledSuppose that you were severely injured because of another’s carelessness or recklessness. You may wonder how much evidence you need to win your personal injury lawsuit. Under New York law, plaintiffs in personal injury cases have the burden of proof. In other words, for the defendant to be held legally responsible, you must prove that they were negligent. Considering that insurance adjusters and jury members were not at the accident scene, your lawyer must use evidence to demonstrate your version of events. The outcome of your case will be highly contingent upon the quality of evidence you can provide. The more evidence your attorney has to substantiate the case, the higher your chances are of reaching a reasonable settlement or winning in court. 

 What Type Of Evidence Will Support My Case?

The first couple of hours and days following your accident are crucial for collecting and preserving evidence. Gathering evidence can seem stressful and daunting, especially if you need help knowing where to begin. Uncollected evidence can easily get lost or destroyed. Therefore, immediately after any accident, try to amass as much evidence as possible. Some common forms of evidence frequently used in personal injury lawsuits include:

the-litigation-process-scaledAfter suffering devastating injuries in any type of accident, you are likely feeling helpless and overwhelmed. If another’s carelessness or irresponsibility caused your injuries, you might be eligible to pursue a personal injury lawsuit. The Dietrich Legal Team’s veteran litigators realize that the litigation process may seem both complex and intimidating. Our lawyers believe that by helping you better understand the legal process, we can eliminate most of your stress and uncertainty.   

Steps In The Personal Injury Litigation Process 

Although no two claims are identical, each lawsuit filed in New York Supreme Court follows the same steps as it advances through the litigation process. The actions that the Dietrich Law Firm P.C.’s highly experienced attorneys will take include:

Cervical-collar-1-scaledWhiplash is an injury to the neck that a violent, swift back-and-forth neck movement can cause. The neck is a highly vulnerable body part, which is left unprotected and unrestrained even when wearing a seatbelt. A car crash victim’s neck can be forcefully jerked or jolted back and forth. Consequently, whiplash is one of the most prevalent injuries suffered in collisions, especially by rear-enders. Whiplash injuries commonly result from slip and fall accidents, physical abuse, and sports mishaps. While most whiplash victims tend to recover within a few weeks of a treatment regime, some victims continue having chronic pain and other persistent complications. 

Symptoms Of Whiplash 

The following signs and symptoms of a whiplash injury typically develop within days of the accident:

homeowner-ins-blog-scaledEach year, over 10 million victims are treated in emergency departments nationwide for home-related injuries. Fortunately, almost every homeowner carries insurance, and many tenants maintain renter policies. This type of insurance shields residential property owners against personal liability when someone else suffers bodily harm or property damage in an accident caused by the homeowner’s negligence. While homeowner’s insurance is typically regarded as protection against property damage, these policies also provide crucial liability coverage for guests’ injuries. 

Are Accidents In Homes Covered By Insurance?

All land owners, including homeowners, are legally obligated to maintain their property reasonably safe for guests. When property owners expose visitors to unnecessary risks by failing to remedy safety concerns or neglecting to warn guests about known dangers, they can be held responsible for any adverse consequences suffered. Victims of household-related injuries are responsible for more than 6 million insurance claims annually. Coverage for bodily injury could compensate an injured person for their medical expenses if their injuries were caused by the owner, other household residents, or even their pets. Additionally, if a guest’s property is damaged, the homeowner’s policy could pay for its repair or replacement. 

MC-BLOG-scaledMotorcycles are a fast and convenient way to get around. These vehicles provide riders with many great benefits, such as more accessible parking, maneuverability, better gas mileage, and the ability to reach destinations faster. Many motorcyclists enjoy the excitement of riding on country roads because of the breathtaking scenery and open-air freedom. Other bikers love the challenge of riding through city traffic while commuting to and from work. Whether you are considering getting your Class M Operator’s License or you are an avid rider, it is imperative to familiarize yourself with some of New York State’s applicable laws. The Dietrich Law Firm P.C.’s seasoned motorcycle accident injury attorneys have compiled some essential information below.

Helmets And Face Shields 

Under New York Vehicle and Traffic Law, Section 381(6), all motorcycle riders and their passengers must wear protective helmets. The helmet must meet the requirements specified in Section 571.218 of the Federal Motor Vehicle Safety Standards. Bikers must show they have a New York State Department of Transportation (NYSDOT) approved helmet to obtain a license and register their motorcycle. Section 381(7) also requires bikers to wear a face shield or goggles that the American National Standard Institute approves. 

Attorney-Client-Relationship-Blog-scaledWhen you hire a personal injury attorney to litigate your accident case, knowing that you have certain rights as a client is crucial. Strict standards of ethical and professional responsibility bind personal injury lawyers. The relationship between an attorney and their client should be based on confidence and trust. At the Dietrich Law Firm P.C., our battle-tested litigators believe in building strong relationships with our clients. We take the attorney-client relationship exceptionally seriously and are dedicated to treating every client with the respect, consideration, and compassion they deserve. 

Rights And Privileges That Your Attorney Should Provide

As a client, you should be able to expect the following from your attorney:

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