injury

Changes To The Uniform Rules And Their Impact On Attorneys’ Practices

Published on: June 29, 2021 | By Dietrich Law Firm P.C.

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Chief Administrative Judge Larry Marks issued Administrative Order 270/2020, which implemented considerable modifications to general civil practice in New York Supreme Court. Overall, there are nearly 30 rules that have been adopted into the Uniform Rules. Many of these new rules or variations were derived from the existing rules and procedures of the Commercial Division.

Highlights of the Recent Changes to the Uniform Rules

Some of the most noteworthy changes to the Uniform Rules include the following:

The Most Common Violations Of Vehicle And Traffic Laws

Published on: June 22, 2021 | By Dietrich Law Firm P.C.

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At a minimum, all drivers are expected to obey New York State’s Vehicle and Traffic Laws and exercise reasonable care to avoid any accidents. While getting a ticket can be frustrating, traffic violations can lead to severe accidents and resulting injuries. When drivers violate the law and collisions result, they can be found negligent per se. Although there is no foolproof way to avoid every accident, driving cautiously and obeying traffic regulations is the best way to keep you and others safe.

Avoiding Five Highly Prevalent Traffic Violations

Speeding: Traveling over the speed limit is the most common traffic violation. Speed limits exist to prevent accidents and save lives. According to the National Highway Traffic Safety Administration (NHTSA), there were nearly 9,400 victims who suffered speeding-related fatalities in a single recent year. It is important to remember that speed limits are the maximum rate you can travel by law. It is also imperative not to drive too fast for the given road conditions.

The Use Of Technology In Personal Injury Trials

Published on: June 15, 2021 | By Dietrich Law Firm P.C.

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You have probably heard the saying, “A picture is worth a thousand words.” This saying could not be any more accurate, especially at trial. The evidence at court and how it is presented could mean the difference between winning and losing. The rise of technology has undeniably made it easier to demonstrate how an accident occurred. Consequently, lawyers have increasingly relied on technology to help substantiate evidence in front of juries.

Tools for Presenting A Strong Case

Some types of cutting-edge technology that personal injury attorneys use to present compelling cases at trial include:

Impact Of A Personal Injury Settlement On SSDI And SSI Benefits

Published on: June 9, 2021 | By Dietrich Law Firm P.C.

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Personal injury lawsuits allow victims to seek vital monetary compensation for economic damages, such as hospital bills, lost income, and property damage, as well as non-economic damages, such as diminished quality of life, pain and suffering, and loss of consortium. Depending on the severity of the victim’s injuries, these types of cases can result in substantial settlement amounts. However, accident victims are often concerned about whether obtaining settlements will impact their disability benefits.

Will a Personal Injury Settlement Trigger the Loss of SSDI Benefits?

Fortunately, Social Security Disability Insurance benefits are usually not affected by personal injury settlements. These benefits are determined based on the claimant’s employment history. Those that have qualifying disabilities can become eligible for SSDI benefits by accruing enough work credits. An individual earns work credits throughout the course of their employment. A personal injury settlement cannot alter said credits. Therefore, personal injury compensation should not have any direct consequences on your SSDI benefits.

Car Accidents Involving Elderly Drivers

Published on: June 1, 2021 | By Dietrich Law Firm P.C.

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In a single recent year, over 45 million licensed drivers were at least 65 years old in the United States. While driving helps provide elderly drivers with freedom and independence, the dangers of being seriously injured or worse in a car accident dramatically increase with age.

Older Drivers Face an Increased Risk of Suffering Deadly Crashes

According to the Centers for Disease Control and Prevention (CDC), more than 20 elderly adults suffer fatalities every day, and nearly 700 are injured in crashes. Drivers who are 75 and older have considerably higher crash fatality rates than middle-aged drivers. This can be primarily attributed to the heightened vulnerability of suffering serious injuries. As we reach advanced ages, various health conditions and disorders that can make driving problematic. Some health problems that might negatively impact seniors’ driving abilities include:

How Notice of Claim Requirements Can Affect You

Published on: May 25, 2021 | By Dietrich Law Firm P.C.

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Suppose you were unfortunate enough to suffer injuries due to the negligence of a government employee or an unsafe condition on municipal property. In that case, the notice of claim requirements could significantly impact your ability to recover compensation. In New York State, it is possible to pursue a personal injury case against a government agency or municipality. However, you must file a notice of claim against the town, city, county, or state within 90 days of the incident. Additionally, a lawsuit is required to be filed within 15 months.

Information that Should be Included in your Notice of Claim

If you suffered injuries due to negligent public entities, you might be surprised to learn of the written notice requirement. Not only are you required to file a notice of claim before the deadline, but your notice must contain detailed information, including:

What Duties do Drivers Owe to Others on the Road?

Published on: May 18, 2021 | By Dietrich Law Firm P.C.

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Every driver is required to exercise reasonable caution behind the wheel of a motor vehicle. At a bare minimum, every driver must obey New York State traffic laws, drive cautiously, and do their best to avoid causing injury to others. Although this might seem like common sense, there are many surprising examples of behaviors that disregard the reasonable standard of care. In one form or another, negligence is responsible for the majority of all car crashes.

What is Negligence?

When a driver breaches their duty of reasonable care and that breach causes injury or property damage to another, that driver can be held liable. Accident victims rely on the legal theory of negligence to show that a driver is legally responsible. Driving negligently usually entails performing a senseless act or failing to act when necessary.

How to Successfully Prepare for a Deposition

Published on: May 11, 2021 | By Dietrich Law Firm P.C.

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Suppose you have filed a civil lawsuit against a negligent person, business, or entity that caused you to suffer an injury. In that case, their defense attorney will almost certainly request to take your deposition. Proper preparation before a deposition can make an enormous difference in the resolution of your personal injury case. In this blog post, the highly experienced attorneys of the Dietrich Law Firm P.C. provide essential tips to help you get ready for your deposition effectively.

What is a Deposition?

Discovery provides each party with an excellent opportunity to examine all of the opposing side’s legal claims and defenses. A deposition is one of the three primary forms of discovery where both the plaintiff and defense lawyers can question all pertinent witnesses about the case. The deponent’s answers are provided under oath and recorded by an official court reporter. This way, both sides can obtain the official accounts of the other party’s versions of events.

Car Accidents: Can Minor Impacts Cause Serious Physical Injuries?

Published on: April 27, 2021 | By Dietrich Law Firm P.C.

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You may have been stopped at a red light during your commute home from work. As you wait for the light to change, another driver rear-ends your car. Although your bumper is barely scratched and the airbags failed to deploy, your neck feels sore. Several days later, you start feeling a throbbing pain running down your entire body. Unfortunately, all too often, severe injuries result from fender benders and other minor accidents.

The Body Is Highly Susceptible to Injury

Although Insurance Companies often try to argue that low-impact collisions cannot cause serious physical injuries, the spine consists of several highly delicate sections. During even low-impact collisions, the victim’s body may be subjected to violent forces, such as rotation, acceleration, and deceleration. Whiplash is known to happen at speeds as slow as five mph and is capable of causing chronic issues, such as arthritis and headaches. An abrupt jolt from an unexpected brunt or stop can overextend the ligaments, tendons, and muscles that form the cervical vertebrae. Furthermore, herniated discs are known to cause acute pain and may require surgery.

The PAID Act – Encourages Transparency Surrounding Medicare Beneficiaries

Published on: April 20, 2021 | By Dietrich Law Firm P.C.

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On December 11, 2020, President Trump signed into law the Provide Accurate Information Directly (PAID) Act. The Act was designed to eliminate bureaucratic constraints and decades-old regulations that frequently resulted in unwarranted lawsuits and great confusion regarding the Medicare Secondary Payer (MSP) statute.

The PAID Act Provides Access to Data Previously Overlooked

The Medicare Advantage and Part D (the Plans) are not required to pay for health claims if other parties are available to remunerate or are reasonably expected to pay them. When Medicare pays for a claim, it must submit a request for the recovery to the primary plan believed to be responsible for payment before taking any further measures, such as litigation. While insurers may reach out to the Plans, they are not under any new legal obligations to coordinate benefits or get in touch with the Plans.