Buffalo Personal Injury Lawyer News
What Are Medical Liens?
Many accident victims seeking damages in personal injury lawsuits are surprised to learn that an insurance company, doctor’s office, physical therapy clinic, or another party has placed a medical lien against their monetary compensation. As a result, victims may receive significantly less money than they anticipated. Since liens can substantially affect your financial outcome, knowing what they are and exactly how they work is crucial.
How Are Medical Liens Used?
After suffering injuries in an accident, most victims cannot afford to pay for their medical treatment upfront. Instead, third parties, such as government agencies, insurance companies, or hospitals, cover the costs. These third parties have a legal right to seek reimbursement for their expenses. Medical liens are often enforced against a victim’s settlement or jury award to collect payment for treatment provided. Medical liens are most frequently utilized in the following four circumstances:
Loss of consortium is a term used in personal injury law that refers to the deprivation of the benefits of a family relationship because of injuries suffered in an accident. Under New York law, injured victims may be eligible to obtain monetary compensation for the loss of consortium and companionship. These claims are intended to remedy marital damages that the victim and their spouse have suffered. Loss of consortium claims are generally made when the injuries suffered are long-lasting, devastating, or debilitating. 
If you, or a family member, have suffered injuries in a Buffalo, New York car accident, you may be entitled to obtain monetary compensation. However, New York is a “no-fault” state which means that regardless of who was responsible for the crash, both drivers and passengers must file claims against the no-fault insurance of the vehicle that they were in. Under New York law, proof of no-fault insurance, also commonly referred to as personal injury protection (PIP) coverage, is required before registering a vehicle. Personal injury protection coverage promptly pays accident victims for their economic damages, such as hospital bills, lost income, and other essential expenses. 
Gross negligence is a distinct type of negligence that surpasses the expected standard of indifference observed in most personal injury cases. The gross negligence standard primarily centers around the excessiveness of the defendant’s deviation from reasonable care. Under New York law, gross negligence involves “reckless indifference to the rights of others.” Case law indicates that the defendant’s behavior must include “failure to use even slight care or conduct that is so careless as to show complete disregard for the rights and safety of others.”
Plaintiffs’ lawyers sometimes draft demand letters as a preliminary tactic to try and resolve personal injury claims. These letters are intended to inform negligent parties and their insurance companies that the plaintiff is pursuing legal action to obtain monetary compensation for damages. The correspondence usually makes specific demands and outlines the case. Sometimes, well-crafted demand letters can lead to earlier settlements and even avoid the need for going to court altogether. A highly experienced personal injury attorney can write an effective letter, which will increase your chances of getting the best possible result. 
Some 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. 
A 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.
Shoulder 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. 
A 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. 
It 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.