Articles Tagged with lawyer

Insurance-Limits-300x300If 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. 

Minimum Liability Insurance Coverage

Every motorist is required to purchase minimum amounts of liability insurance coverage, including: 

Negligence-300x200Gross 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.”

Common Examples Of Gross Negligence

Some examples of gross negligence would include:

busy-lawyer1-300x200Plaintiffs’ 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.  

Elements Of A Successful Demand Letter

Demand letters typically adhere to a standard order of progression, which includes informing the recipient who the plaintiff is, how they were injured, all of the damages sustained, reasons that the recipient should pay for those losses, and the amount of compensation that the plaintiff is seeking. The letter heading should include information about the plaintiff, the defendant, the claim, and the underlying reason for the letter. Then, the letter should present details related to the accident and how the defendant contributed to the plaintiff’s injuries. The following section consists of a careful explanation of the damages. Damages usually include both economic and non-economic losses, such as hospital bills, lost wages from missing work, pain and suffering, loss of consortium, and much more.  

Dispute-Resolution-300x155Some 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.  

What Happens At An Arbitration?

Arbitration usually takes place inside a conference room at the Superior Court, where the plaintiff’s lawsuit was filed. While attending an arbitration is much less formal than going to court, the procedure is structured like a mini-trial. Lawyers for the plaintiff and defendant submit case packets to the arbitrator, which usually include police reports, photographs, hospital records, and statements from expert witnesses. During the private hearing, both parties present evidence to demonstrate what occurred to cause the accident and resulting injuries. Each side attempts to clarify its version of events through opening statements, witness testimonies, cross-examinations, and closing arguments. After carefully examining and reviewing all of the facts, the arbitrator will determine liability, if the plaintiff is entitled to receive compensation, and the total number of damages awarded. The arbitrator’s final written decision is typically issued within a few business days. The decision can be binding or non-binding, depending on what the plaintiff and defendant agreed upon beforehand. When binding, the decision is considered final and entered as a judgment.  

https://www.calljed.com/blog/wp-content/uploads/2022/02/Screen-Shot-2022-02-22-at-10.04.47-AM-300x188.pngA 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. 

How Do They Occur?

Most T-Bone accidents happen at intersections when one vehicle fails to yield the right-of-way. For instance, a car may run a stop sign or red light and smash into the passenger side of another vehicle. However, side-impact crashes can occur anywhere and are not just limited to intersections. One common broadside scenario includes a driver backing out of an alley without noticing approaching vehicles. Additionally, various other factors can significantly contribute to broadsides such as:

Shoulder-Injury-300x200Shoulder 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.  

Most Common Shoulder Injuries

Research has determined that over 80 percent of shoulder injuries suffered in car accidents were to the seatbelt shoulder. These types of injuries can vary significantly depending on the severity and type. Crashes can cause a broad spectrum of shoulder injuries, including: 

HEAD-ON-COLLISION-300x200A 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.  

Head-On Collisions Often Result In Devastating Injuries  

Although frontal crashes are uncommon compared to other car accidents, statistics confirm that they are the most dangerous and fatal of all crashes. According to the Insurance Information Institute, head-on collisions only accounted for 2 percent of all car accidents in a recent year. However, they were responsible for more than 10 percent of all deadly crashes. Head-on collisions generate the most significant impact force when both vehicles are in motion directly before colliding. During even head-on collisions that involve relatively low speeds, drivers and passengers are highly vulnerable to destructive forces. Common injuries that victims suffer include:

Lawyer-Up-Blog-300x200It 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. 

Reasons To Hire A Personal Injury Lawyer

Even minor rear-end accidents can severely injure your neck, back, and spinal cord. Regardless of how simple you think your claim is, even the most straightforward personal injury cases regularly involve various intricacies. No victim should ever have to go through this minefield alone. You should always retain the services of a personal injury law firm, especially in the following situations:

Passenger-Injuries-300x200While the safety features on vehicles advance, most manufacturers have focused on protecting drivers while leaving passenger safety systems deficient. Consequently, passengers often suffer the brunt of injuries. Depending on the circumstances that led to the accident, passengers may be able to hold the drivers of the cars they were in, drivers of other vehicles involved, manufacturers of defective vehicles or parts, and government entities responsible for their injuries.

Common Passenger Injuries

During even minor accidents, passengers’ bodies can be subjected to powerful forces, such as unexpected acceleration, abrupt stopping, and extreme rotation. Depending on where a passenger was sitting, the type of accident, and the speed of the vehicles, the severity of their injuries can vary substantially. For example, passengers seated in the front are more likely to hit their heads on dashboards and suffer traumatic brain injuries (TBIs). The risk of backseat passengers suffering whiplash or spinal injuries is significantly higher, especially during rear-end crashes. In the event of a side-impact collision, passengers sitting on the impacted side of the vehicle are particularly vulnerable. Additionally, passengers can suffer a broad spectrum of other injuries and complications, including:

Mediation-300x183Approximately only 3 percent of all personal injury cases go to trial. Most lawsuits are settled outside of court through negotiation or alternative dispute resolution. One of the most common types of alternative dispute resolution is called mediation. Mediation is a voluntary process where the plaintiff and defendant meet with a neutral third party called a mediator. The mediator, often a retired judge or attorney with vast experience and knowledge in personal injury litigation, tries to help both sides reach a mutually agreeable settlement. 

What Takes Place During Mediation?

Before the mediation, lawyers from each party provide case briefs for the mediator to read and present to the opposing side. At the mediation, both parties have an equal opportunity to reveal evidence and make statements regarding their respective versions of the accident. The mediator also facilitates dialog between the plaintiff and defense attorneys. After the parties discuss the case, the mediator separates the parties into different rooms and speaks to them in private. In an attempt to arrive at a common understanding, the mediator will repeatedly go back and forth between the plaintiff and defendant’s rooms. 

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