Articles Tagged with injury

What-Happens-Now-scaledThe Dietrich Law Firm P.C.’s battle-tested attorneys have seen the devastating impact serious accidents can have on victims and, ultimately, their loved ones. After suffering severe injuries in a personal injury accident, it is not unusual for victims to have many unanswered questions. Our elite team has compiled a list of frequently asked questions and answers regarding injury claims. Below are our answers to the most common questions about accident claims.

  1. Do I have a personal injury case? Suppose you believe you have suffered an injury caused by another’s negligence or recklessness. In that case, you might be entitled to pursue a personal injury claim.
  2. What are the most common causes of personal injuries? The most prevalent types of personal injury cases our attorneys encounter are car collisions, motorcycle crashes, slip and fall accidents, dog bite injuries, product liability claims, and medical malpractice cases.

Causation-scaledIn a personal injury case, the plaintiff must prove the defendant was negligent by demonstrating liability. To accomplish this, the plaintiff must establish the four legal elements of negligence. Causation is the third legal element needed to prove the defendant’s negligence. The legal term causation refers to the causal link between the defendant’s conduct and the plaintiff’s damages. In other words, causation provides a crucial way to connect a specific action or inaction by the defendant with its effect on the victim. The defendant’s conduct must have led to the victim’s injuries to prove causation. 

The Two Facets Of Causation

The two main aspects of causation include:

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:

EVIDENCE-scaledSuppose 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-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:

Cervical-collar-1-scaledWhiplash is an injury to the neck that a violent, swift back-and-forth neck movement can cause. The neck is a highly vulnerable body part, which is left unprotected and unrestrained even when wearing a seatbelt. A car crash victim’s neck can be forcefully jerked or jolted back and forth. Consequently, whiplash is one of the most prevalent injuries suffered in collisions, especially by rear-enders. Whiplash injuries commonly result from slip and fall accidents, physical abuse, and sports mishaps. While most whiplash victims tend to recover within a few weeks of a treatment regime, some victims continue having chronic pain and other persistent complications. 

Symptoms Of Whiplash 

The following signs and symptoms of a whiplash injury typically develop within days of the accident:

Negligent-Supervision-scaledEmployers are typically in charge of overseeing employees and other staff members. Employers have a legal duty to the public to supervise their workers sufficiently. When an employer fails to exercise appropriate supervision, that business can be held liable through a negligent supervision claim. An accident victim may be entitled to pursue a lawsuit against the company of an employee who caused their injuries. Consequently, multiple parties are often held legally responsible in accidents involving careless workers.

Negligent supervision is a concept derived from the doctrine of vicarious liability, which holds an employer responsible for an employee’s actions during the scope of their employment. However, negligent supervision claims are often used to sue businesses when an employee’s negligence is outside the scope of their employment. These claims are filed directly against employers for their irresponsible actions or inactions. Therefore, when justice cannot be obtained under the legal theory of vicarious liability, our litigators may be able to pursue a negligent supervision claim to hold the employer accountable.

The Legal Elements Of Negligent Supervision 

homeowner-ins-blog-scaledEach 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. 

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:

Contact Information