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Evidence In Injury Claims

Published on: April 18, 2023 | By Dietrich Law Firm P.C.

EVIDENCE-scaled Suppose 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

Published on: April 11, 2023 | By Dietrich Law Firm P.C.

the-litigation-process-scaled After 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:

Household Guest Injuries Compensable Under Homeowner Policies

Published on: March 21, 2023 | By Dietrich Law Firm P.C.

homeowner-ins-blog-scaled Each 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.

The Attorney-Client Relationship

Published on: March 7, 2023 | By Dietrich Law Firm P.C.

Attorney-Client-Relationship-Blog-scaled When 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:

What Is A Summons?

Published on: January 17, 2023 | By Dietrich Law Firm P.C.

SUMMONS-scaled After 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:

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 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.

Will I Have To Go To Court?

Published on: August 30, 2022 | By Dietrich Law Firm P.C.

Young-Woman-Testifies-In-Court-scaled Suppose you or a loved one have suffered devastating injuries in an accident caused by someone else’s negligence. In that case, you must understand all of the legal options available to recover damages. Although accident victims have the right to take their injury claims to court under New York law, most lawsuits get settled without going to trial. Contrary to what most people think, only about 3 percent of all cases go to court.

When hospital bills and other expenses are piling up, and a victim is not getting paid because they cannot work, it can be highly tempting to take the insurance company’s first settlement offer. However, insurance adjusters often try to exploit victims by offering lowball settlements. Before accepting any offer, discussing your case with a knowledgeable personal injury lawyer is imperative to ensure that you maximize your compensation.

Negotiations And Settlement Offers

Should I File an Insurance Claim If I Am Injured In An Accident?

Published on: May 31, 2022 | By Dietrich Law Firm P.C.

Young-woman-confused-by-insurance-form-300x200 Being the victim of an accident can be an extremely traumatic event, especially if you have suffered injuries, property damage, or other significant losses. Even seemingly minor accidents can have disastrous repercussions, such as life-long disabilities, permanent disfigurements, complete paralysis, and traumatic brain injuries. Since most accidents are unpredictable and transpire with little to no warning, victims are usually uncertain about their next steps. The last thing any accident victim wants to worry about is filing the proper forms. With a highly experienced personal injury attorney, the legal process after an accident does not have to be overwhelming.

The Insurance Claim Process

Whether you have suffered injuries resulting from a dog bite, slip and fall, or supermarket accident, filing an insurance claim is your first step towards obtaining compensation. Although insurance claims may appear complicated, filing a claim may not be as difficult as you think. It should be completed as soon as reasonably possible. It is essential to realize that New York is a no-fault state. This means that irrespective of who was at fault in a car crash, you can file a claim with your own insurance company to recover damages.

If I Am Injured, What Type Of Lawyer Do I Need?

Published on: April 26, 2022 | By Dietrich Law Firm P.C.

Choose-the-right-lawyer-300x200 Victims suffer injuries in tens of millions of severe accidents every year, such as slips and falls, collisions, and dog bites. Most of these injuries are caused by someone else’s negligence or even recklessness. The consequences of being involved in an accident can range from serious personal injuries and post-traumatic stress disorder to the destruction of property and costly hospital bills. Over 40 million accident victims require medical care due to various personal injuries each year. If you or a loved one have been injured due to someone else’s negligence, you may be wondering what type of lawyer to call.

Personal Injury Attorneys Help Accident Victims

If you, or a family member, have been injured in an accident that was caused by another’s carelessness, a personal injury lawyer is someone who can provide you with legal representation. Personal injury lawyers specialize in tort law, including negligent and intentional acts. This type of attorney focuses on pursuing monetary compensation for accident victims through civil litigation. It is crucial to choose a lawyer who has significant experience litigating the type of injury related to your case.