Personal Injury

How Does Traffic Court Impact A Personal Injury Case?

Published on: December 6, 2022 | By Dietrich Law Firm P.C.

police-giving-ticket-scaled Upon arriving at the scene of a car crash, the police will investigate to determine which driver is at fault. During this time, the officers typically interview the drivers involved and bystanders who witnessed the accident. Should the police conclude that a driver violated the New York State Vehicle and Traffic Law, they will issue a traffic ticket, also known as a citation. Consequently, the driver who received the ticket must go to traffic court. Suppose the other motorist suffered any damage, such as injuries, lost wages, or property damage. In that case, they might seek monetary compensation through a personal injury claim. Many car accident victims wonder whether the outcome of traffic court will impact their case against the ticketed driver.

Common Traffic Laws Violated In Car Accidents

There are numerous reasons why the police may cite a motorist for actions that caused a collision. Prevalent examples include:

What Is A Subpoena?

Published on: November 29, 2022 | By Dietrich Law Firm P.C.

SUBPOENA-scaled A subpoena is a legal instrument commonly used to compel a person or company to comply with different requests. These documents can be used in any case, from murder trials to dog bite accident lawsuits.

What Are The Main Types Of Subpoenas?

When one party in a case wants to obtain documents or request testimony, they may attempt to do so by sending a subpoena. The two primary forms of subpoenas include:

Traits To Look For In A Personal Injury Lawyer

Published on: November 22, 2022 | By Dietrich Law Firm P.C.

Suppose that you, or a family member, has been severely injured in an accident caused by someone else’s negligence or even recklessness. In such an unfortunate case, it is only natural to want the finest personal injury lawyer you can find. While many attorneys may be able to provide you with competent legal advice, certain traits distinguish good lawyers from the best.

Top Qualities That Your Personal Injury Attorney Should Possess

If you are searching for the right attorney to litigate your case, we recommend focusing on the following qualities:

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 Is A Release?

Published on: November 8, 2022 | By Dietrich Law Firm P.C.

Signing-A-Release-scaled The vast majority of all personal injury claims are resolved outside of courtrooms through settlements. A settlement agreement is a legally binding contract between the victim and the defendant whom they filed the lawsuit against. The terms of a settlement are negotiated back and forth until an agreement can be reached. Once negotiations have concluded, and a settlement amount is agreed upon, you will have to review and sign a release of liability form before your check is processed.

The Purpose Of A Release

A release is a binding contract agreeing to settle a claim in return for a sum of money. The primary purpose of the release is to prevent the victim from filing other claims against or seeking further damages from a defendant based on the same incident. In other words, you consent to drop all claims against the other party in return for the settlement money. Defense attorneys and their insurance companies are responsible for drafting releases.

What To Expect During Your Free Consultation?

Published on: November 1, 2022 | By Dietrich Law Firm P.C.

Free-Consultation-scaled Most personal injury lawsuits begin with a case evaluation and consultation. Often, it is the first time you will discuss your claim with a lawyer face-to-face. At an initial consultation, one of our elite lawyers will assess the merits of your potential case. The attorney will also determine if your specific needs match our legal services. Initial consultations are a beneficial process for everyone involved. It allows the lawyer to understand how the accident happened, the scope and severity of your injuries, the medical treatment involved, your future prognosis, and other damages. You must be adequately prepared for your complimentary consultation. Our attorneys request that potential clients speak openly and honestly so that we can get all the required information.

The Consultation Process

Free consultations can be conducted in various ways. Some clients prefer to have their initial consultations as soon as possible. Other clients like talking to a lawyer on the phone to acquire a better idea of the claim process. While meeting in person is always preferred, our caring team is happy to accommodate you in any manner of your choosing. During the consultation, our lawyers will likely have plenty of fundamental questions to ask you. Some specific questions we may ask include:

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.

What Is The Most Dangerous Time Of Day To Be On The Roads?

Published on: October 18, 2022 | By Dietrich Law Firm P.C.

Dangerous-time-to-drive-scaled Driving is the most dangerous activity the average American performs multiple times daily. When most people get behind the wheel, the thought of getting into a car accident never even crosses their minds. Drivers are more focused on reaching their destinations quickly. However, motorists are exposed to varying risks during their commutes depending on the time of day, day of the week, and time of the year. While the last thing any driver wants is to be seriously injured in a crash, car accidents are a part of driving.

The Riskiest Times For Driving

Independence Day and New Year’s Day have historically been the most dangerous days for Americans to be on the road. Even though collisions can occur daily, at any time, accidents are much more rampant at certain hours on specific days of the week. Additionally, the following times and days are the most dangerous:

Slipped Disc Injury

Published on: October 11, 2022 | By Dietrich Law Firm P.C.

Slipped-Disc-Blog-scaled The human spine comprises 33 vertebrae, each separated by a spongy member referred to as a disc. Each spinal disc contains a jellylike nucleus encased in a rubbery exterior called an annulus. These discs act as shock absorbers and cushions for the spine. Back injuries are often excruciating and can make it difficult for victims to move. One of the most common back injuries is a slipped disc, also called a bulging or herniated disc. As many as 2 percent of adults throughout the United States suffer from slipped discs each year. This type of injury occurs when a portion of the nucleus pushes out through a tear in the exterior. While any spine segment can suffer a slipped disc, most occur in the lower back. When left untreated, herniated discs can potentially cause permanent and life-altering complications.

Common Causes Of Slipped Disc Injuries

Our discs gradually become more rigid and susceptible to ripping open and rupturing as we age. Consequently, many victims suffer herniated discs from excessive spinal rotation or improper lifting of heavy objects. During an accident, a victim’s body can also be subjected to violent forces that cause the delicate spinal discs to be badly damaged, strained, or thrown out of place. Spinal injuries also commonly result from devastating accidents. Personal injury accidents that frequently cause slipped discs include:

Cement Truck Accidents

Published on: September 27, 2022 | By Dietrich Law Firm P.C.

Cement-Truck-scaled Cement trucks transport wet cement to construct foundations, buildings, and driveways. When transporting cement, these massive trucks can weigh over 60,000 pounds. Since the weight of a concrete truck is disproportionately located in the mixing drum, these vehicles tend to be highly top-heavy. As a result, cement trucks have a rollover rate ten times higher than cars. When concrete truck drivers cause accidents, occupants of other vehicles risk suffering devastating injuries or worse. Every time a trucker slams on the brakes or makes a sharp turn, they place others in significant danger. Although collisions are bound to happen, many cement truck crashes occur because trucking companies, inattentive construction companies, or negligent truckers lack oversight.

Common Causes Of Cement Truck Collisions

Most mixing trucks use pre-mixed wet concrete and other filling products. To prevent the concrete from hardening, it must be delivered quickly. This can place cement truck drivers under tremendous pressure to meet tight deadlines. Like other large truck accidents, concrete truck collisions frequently result from driver errors and insufficient maintenance. Some specific factors that regularly lead to cement truck accidents include: