Articles Posted in Personal Injury

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:

Compensation-blog-scaledSuffering injuries in any accident caused by another’s negligence or carelessness can have devastating consequences. Whether a foodborne illness, a car wreck, an attack by an unleashed dog, or a fall in an icy parking lot caused you harm, you may be having difficulty getting your life back on track. Victims of severe accidents are often forced to grapple with hospital bills piling up while unable to work or earn any income. With the severe bodily pain, emotional trauma, and financial challenges that victims struggle with, obtaining fair compensation is often the only way to bounce back. Damages refer to the compensation that a victim’s attorney can recover for them either through negotiating a settlement or trying the case to a verdict. Special, general, and punitive damages are the three primary types of personal injury compensation.  

Special Damages

Special damages, also popularly known as economic damages, are based on a victim’s actual costs incurred due to losses sustained in the accident. The purpose of these damages is to restore precisely what the victim lost and return them to their pre-accident standing. Since special damages are easily verifiable and proven by tangible evidence, the amount awarded is relatively straightforward. Some common examples of economic damages include:

Personal-Injury-Claim-Process-scaledAfter being severely injured in an accident, you are likely feeling shocked and overwhelmed. If someone else’s negligence or recklessness caused your accident, you might be entitled to pursue a personal injury claim. However, litigation can be nerve-wracking, especially when you are still coping with devastating physical pain and emotional trauma. Even minor proceedings may seem complicated if you have never filed an insurance claim or pursued a lawsuit in court. Jed Dietrich, Esq., commended as a New York Super Lawyer, realizes that the legal system can be very intimidating. As such, he has dedicated this blog to helping you develop a deeper understanding of the injury claim process.

Steps In The Personal Injury Claim Process 

  1. Preliminary Interview: During a free, no-obligation case evaluation, the Dietrich Law Firm P.C.’s seasoned attorneys will ask about the specifics of your case. It would be best if you were prepared to provide relevant information regarding your accident and subsequent injuries. 

Bellweather-Trial-scaledThe word bellwether can be traced back to the 13th century when shepherds hung bells around the necks of some of their sheep to designate them as leaders. Similarly, bellwether trials are designed to track and monitor the potential results of a large group of lawsuits. They are test lawsuits that use individual claims originating from a group of widely contested lawsuits filed against the same party. When hundreds or even thousands of lawsuits are filed against one party, these trials allow a few select cases to go to court to predict how the remaining pending claims will turn out at trial.

What Is Multidistrict Litigation?

In recent years, the number of medical injuries and pharmaceutical claims that have developed into multidistrict litigations has significantly increased. Multidistrict litigation, also known as MDL, is a special judicial proceeding designed to help federal courts better manage a large group of related lawsuits filed in various jurisdictions by different plaintiffs with similar legal issues and the same defendant. These proceedings are contingent on getting a majority approval from 7 district court judges, known as the Judicial Panel on Multidistrict Litigation. Upon approval, the cases are temporarily transferred and consolidated at one or more district courts for pretrial coordination. 

Strict-Liability-scaledAlthough 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:    

  1. 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. 

Evidence-Blog-scaledUnder New York law, victims carry the burden of proof in lawsuits. In other words, to hold the other party responsible for your damages, you must first prove that their negligence caused your injuries. This means that you will need to present evidence to support your claims. As a general rule, the more evidence your attorney has to support your claim, the better the result you can expect. However, collecting evidence can be overwhelming, especially if you need help knowing where to start. The first few hours and days after an accident are often the most significant regarding the assembly and preservation of proof. When evidence remains uncollected or preserved for too long, it can easily get lost, forgotten, or destroyed.

Types Of Evidence Used In Personal Injury Lawsuits 

The outcome of a case is highly contingent on the quality of your evidence. Inadequate evidence can dramatically decrease settlement offers or even lose the case altogether. Since insurance adjusters and jurors did not witness the accident, your attorney must use evidence to tell your side of the story. Jed Dietrich, Esq. recommends collecting the following evidence:

SUMMONS-scaledAfter being injured in an accident, knowing what to expect when pursuing your claim brings you peace of mind. Some of our most frequently asked questions are about the summons. At the beginning of a lawsuit, a summons and complaint are two legal documents served to all defendants. The summons informs the defendant of the plaintiff’s commencement of the legal action and demands that they answer the complaint. The complaint is a written document detailing the plaintiff’s reasons for pursuing the lawsuit. It states the plaintiff’s claims against the defendant and the damages they seek compensation for. 

Serving A Summons  

New York State law forbids any party to the legal action from serving the summons. The person who serves the summons must be at least 18 years old. Process servers are typically used to serve these legal documents. The three methods of delivering a summons are:

Car-Accidents-on-Ice-Blog-scaledWith an average of nearly 94 inches of snowfall per year, many Buffalonians consider driving through the snow to be a rite of passage. Unfortunately, driving anywhere in the winter can be extremely dangerous, especially during freezing conditions. When the temperature drops, ice often rapidly develops on our roads, highways, and parking lots. Since ice can make it difficult for a vehicle’s tires to maintain traction and significantly reduce friction, the rate and severity of car accidents drastically increase during winter. According to the National Highway Traffic Safety Administration (NHTSA), in a recent year alone, victims of wintry condition crashes suffered 374 fatalities and roughly 25,000 injuries.

Who Is Responsible For Your Collision On Ice?

Even if ice played a role in your accident, the at-fault motorist could still be held accountable for your damages. However, determining liability for a collision on ice is more complex than you think. That is why it is crucial to seek guidance from a highly qualified personal injury lawyer.

Joint-and-Several-Liability-scaledPersonal injury accidents like car collisions often involve several parties. Whenever someone is partially to blame for a motor vehicle accident, they could be listed as a defendant and obligated to pay damages if found to be responsible for the plaintiff’s injuries. The rule of joint and several liability applies when there are multiple defendants. New York State’s joint and several liability law allows plaintiffs to hold defendants, individually or collectively, accountable for the total amount of their damages. In these cases, the plaintiff should consider how many defendants were involved, what percentage of fault can be allocated to each party, and each defendant’s automobile insurance policy coverage limits. Many drivers only carry New York’s minimum car insurance liability limits. While this may seem like enough coverage, the damages owed to victims in severe motor vehicle accidents often exceed these amounts.

Joint Liability Vs. Joint And Several Liability

Joint and joint and several liability legal principles allow victims to hold multiple defendants accountable for their actions. Joint liability differs from joint and several liability in that, in the first instance, the responsibility is spread equally among all of the defendants. In the latter, the responsibility shifts depending on the determined percentage of each defendant’s liability. A judge or a jury typically makes this determination. In New York State, defendants generally are held joint and severally responsible.

Contact Information