Articles Tagged with mediation

4-9-24-Wrongful-Death-Lawsuit-300x200Few fatal car accidents can be anticipated, but many have causes that can and should be attributed to somebody other than the victim. Wrongful death lawsuits give New York families an opportunity to both reclaim their financial independence and to ensure that a wrongdoer is held accountable for a loved one’s death.

Understanding Wrongful Death Claims

In New York, a wrongful death is defined as any death caused by a “wrongful act, neglect or default.”

4-2-24-Emotional-Distress-300x200In New York, no-fault insurance coverage is limited in its ability to mitigate the serious impacts of long-term emotional distress. However, survivors with serious injuries retain the right to file a claim for compensation against the person or party who caused their accident.

Under most circumstances, a personal injury lawsuit provides an opportunity to obtain recompense for the following:

  1. Economic Damages: Economic damages refer to verifiable financial losses. These could include your outstanding medical bills, lost income from work, and anticipated care needs.

3-27-24-hourglass-300x200Car accidents can have life-altering repercussions. For many survivors, the road to recovery is anything but straightforward. Even when physical injuries seem likely to heal, other wounds sometimes linger for far longer—making it difficult for victims to get a good night’s sleep, reclaim their self-esteem, or live a life unburdened by pain.

In New York, no-fault insurance policies ensure a baseline of medical benefits—benefits that can help drivers, and injured passengers, mitigate the costs of routine care. However, insurance settlements often fall short, with payments restricted by statute and subject to the terms of a motorist’s coverage. Companies are rarely, if ever, required to compensate survivors for pain and suffering.

A personal injury lawsuit, in contrast, provides an opportunity to recover a much wider range of economic and non-economic damages. Compensation for pain and suffering falls into the latter category, and typically consists of either, or both, of the following components:

3-19-24-cartoon-accidentOver 2,000,000 people are injured in motor vehicle accidents each year. Further, the average driver will file a claim with their insurance company for a car crash once just about every 18 years. With statistics such as these, everyone needs to know what they should expect if they are in a car accident.

Immediately following a collision, it is important to:

  1. Relocate your vehicle to somewhere safe. If it is feasible, move your vehicle to the side, out of the way of other traffic, to avoid the risk of any additional injuries.

3-12-24-Drive-Safely
In the United States, over 80% of adults operate a motor vehicle multiple times per week. For most, the daily commute to and from work and school happens inside of a motor vehicle. In 2021, the United States was home to 232,781,797 licensed drivers who are estimated to have driven a combined total of over three trillion miles.

It is further estimated, that licensed drivers in the United States will spend an average of 17,600 minutes driving every year. With all this time spent in the car, it is not surprising that 77% of U.S. drivers have been in at least one accident. While accidents cannot be completely stopped altogether, they may be prevented if people practice conscientious driving and observe all of the traffic rules and regulations.

Practices to Follow to Prevent Car Accidents:

What-to-Expect-at-Trial-Blog-scaledBeing involved in a car accident is stressful enough, but the prospect of a trial can feel overwhelming. Suppose you’re facing this situation in Upstate New York. In that case, understanding the process can ease your anxiety and empower you to make informed decisions. Our elite team of Buffalo, New York, car accident injury lawyers at the Dietrich Law Firm P.C. represents countless car accident victims and wants to guide you through what to expect during a trial.

Before The Trial:

  1. Discovery: This phase involves exchanging information and evidence between both parties. We’ll assist you in gathering crucial documents like accident reports, medical records, and witness statements. This stage is essential for building a strong case.

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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