Articles Posted in Wrongful Death

How-to-Handle-Road-Rage-A-Defensive-GuideRoad rage refers to a driver’s intense anger, typically sparked by another’s provoking behavior and manifested through aggressive or violent actions. In recent years, road rage incidents have hit record highs throughout the United States. According to the American Automobile Association (AAA), experiencing aggressive driving has become all too common, with approximately 80 percent of motorists reporting at least one incident within the past month.

Aggressive driving frequently escalates into all-out road rage, such as forcing other vehicles off the road, brake checking, or even ramming into others. It typically involves intimidation and attempts to damage cars or injure other drivers. Unfortunately, road rage accidents result in much more devastating injuries due to aggressiveness, high speeds, and violent impacts than other collisions. Over 30 victims’ lives are senselessly taken in road rage-related incidents yearly.

Why Do Drivers Experience Road Rage

Driving-in-bad-weather-scaledWhile car crashes can happen just about any time, the risk of being involved in a collision significantly increases in bad weather. In fact, bad weather conditions are notorious for causing devastating car accidents throughout Western New York. Heavy rain, intense snowfall, poor visibility, and slick roads can all easily cause you to lose control of your vehicle. Driving in poor weather conditions is even more dangerous when drivers fail to take proper safety precautions to prevent unnecessary accidents.  

Safety Tips For Avoiding Inclement Weather-Related Crashes

All motorists have a legal duty to exercise reasonable care while driving in unfavorable weather conditions, which includes taking the appropriate safety precautions and driving more cautiously. Below, the Dietrich Law Firm P.C.’s battle-tested lawyers have listed the best practices to minimize your risk of being involved in a bad-weather car accident:

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:

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:

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:

Zantac-Blog-scaledIn 1978, Glaxo Laboratories developed a molecule called ranitidine, which could treat heartburn. Soon after the U.S. Food and Drug Administration (FDA) approved the drug under the brand name Zantac, ranitidine rapidly became the world’s top-selling prescription medication. From the beginning to the end, Glaxo was warned by independent investigators and scientists about Zantac’s potential cancer risks. Glaxo failed to share critical evaluations of the drug with the FDA and endorsed erroneous research intended to minimize safety concerns. The company launched an aggressive marketing campaign to promote Zantac as more effective, more convenient, and safer than the alternative drug Tagamet. With Americans already spending roughly a billion dollars annually for heartburn relief, Glaxo introduced a 75mg over-the-counter Zantac pill. 

While considerable evidence and suspicions indicated Zantac’s cancer-causing properties, documents show Glaxo ignored the warnings. Connected to cancer as early as 1956, NDMA belongs to a group of chemicals called nitrosamines, which have caused cancer in every species of animal tested. A prominent pharmaceutical analyst suggested that under certain conditions in the stomach, a chemical reaction could turn ranitidine into NDMA. However, Glaxo’s board never requested any studies to determine if ranitidine could form into nitrosamine. Even after several independent studies revealed ranitidine resulted in toxic and mutagenic effects, Glaxo still tried to convince everyone of the safety of their drug. In 1982, despite the company’s scientist Richard Tanner finding up to 232,000 nanograms of NDMA in Zantac, court documents show that Glaxo kept this study a secret.    

In 2019, Valisure, a private lab, sent the FDA a document regarding Zantac’s extremely high levels of NDMA. After finding NDMA in every version of ranitidine it analyzed, the lab determined the problem inherently existed with the molecule itself. Although consuming minuscule amounts of the carcinogen is not believed to be harmful, lab tests uncovered excessive amounts of NDMA in ranitidine. It takes less than a milligram of NDMA to mutate mice cells, and 2 grams is enough to kill a person. Consequently, the FDA forced all versions of the drug off the market in 2020. However, the FDA maintained that there were no consistent signals that the drug increased cancer risks. Critics believe the FDA’s stance was an attempt to absolve the agency of wrongdoing.

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:

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. 

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.

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