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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.

Cuomo Repeals COVID-19 Liability Protections for Nursing Homes

Published on: April 13, 2021 | By Dietrich Law Firm P.C.

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The Dietrich Law Firm P.C.’s compassionate team would like to take a moment to remember all of those who have lost their lives during the pandemic. Our hearts go out to those families who lost loved ones after being exposed to COVID-19 in nursing homes. In the pandemic’s early days, Governor Cuomo’s directive placed residents in substantial danger by admitting COVID-19 patients discharged from hospitals into long-term care facilities. The mandate prohibited nursing homes from testing any patients admitted to determine their level of contagiousness. In exchange, health care centers were provided with blanket immunity from COVID-19 liability.

The Repeal’s Implications for Nursing Home Victims

Liability protections allowed health care centers to cut corners and jeopardize vulnerable patients while increasing profit margins. The immunity law eliminated a significant deterrent that loved ones of nursing home residents had to protect their family members from neglect and mistreatment. Critics have pointed out Cuomo’s questionable motivations as the Greater New York Hospital Association, an influential lobbying group, donated lots of money to his campaign.

Distracted Pedestrians – The Greatest Challenge To Walking Safely

Published on: April 7, 2021 | By Dietrich Law Firm P.C.

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Whether texting, listening to music or scrolling through social media posts, the number of distracted pedestrians has significantly increased in recent years. Almost anyone who travels around in busy sections of town can attest to the alarming number of people not paying attention while walking. Unfortunately, distracted pedestrians can easily place both themselves and others in considerable danger.

What are the Consequences of Distracted Pedestrians?

Since 2004, the number of severe injuries to pedestrians using their smartphones has more than doubled. Recent research reveals that over 60 percent of pedestrians are distracted by other activities while on foot. As a result, more and more people are randomly tripping over curbs, waking into oncoming traffic, and falling down steps. This can be particularly troublesome for motorists when distracted pedestrians attempt to cross streets while looking at their phones instead of oncoming vehicles. Drivers may be forced to swerve out of the way and into other cars. Crossing the street distracted is even more dangerous when motorists fail to pay attention.

Court Clarifies Important FELA Claim Liability Issues

Published on: March 30, 2021 | By Dietrich Law Firm P.C.

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A recent Third Circuit Court ruling in Carmen Rosa Gomez v. Norfolk Southern Corporation, et al. (Case No. 2:17-cd-00231) could be a defining moment for some Federal Employers Liability Act (FELA) claims. The case was brought by the widow of a lift truck operator who was crushed to death in a work accident. Eleven defendants, including the Norfolk Southern Railway (NSR), are parties to the lawsuit. The court’s ruling on who can be considered a common carrier and an employer may have larger implications by potentially expanding the types of defendants who can be named in future FELA claims.

Court Ruled Against H&M and NSR

A truck collapsed on top of the plaintiff’s husband while he was unloading a shipping container from a railcar. When the accident occurred, the plaintiff’s husband was an employee of H&M International Transportation, Inc. (H&M), a contractor hired by NSR to manage operations at the terminal. The widow made several allegations against the defendants, including FELA claims against H&M and NSR. In summary judgment motions, both defendants asserted that they should not be named in a FELA claim. H&M argued that it was a contractor, not a common carrier, while NSR contended that it was not the decedent’s employer.

Court Clarifies Affidavit Of Merit Rule In Medical Malpractice Cases

Published on: March 23, 2021 | By Dietrich Law Firm P.C.

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In Haviland v. Lourdes Med. Ctr. of Burlington County, Inc., the plaintiff suffered a shoulder injury while undergoing a radiology exam because the technician deviated from accepted standards of medical care. However, the trial court dismissed the case because the plaintiff failed to file an affidavit of merit (AOM). The legal issue revolved around whether New Jersey law mandates AOMs for vicarious liability claims filed against healthcare establishments involving negligent unlicensed employees. After reviewing the medical malpractice case, the Superior Court of New Jersey ruled that the plaintiff was not required to file an AOM with his complaint. The decision to reverse the lower court’s dismissal of the lawsuit could have profound implications on future vicarious liability claims concerning the requirement of AOMs for med mal cases.

The Ruling’s Possible Implications For New York Med Mal Cases

New Jersey and 27 other states require an affidavit of merit for medical malpractice cases. Under New York Law, all med mal actions must be accompanied by a certificate from the plaintiff’s attorney, declaring that he or she consulted with at least one licensed physician and, after thoroughly assessing the facts of the case, has determined that there are adequate grounds for pursuing such action. The affidavit of merit mandate was primarily designed to filter out frivolous claims before they are brought to court.