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DICTIONARY-scaledEach year, tens of millions of accidents occur throughout the United States, such as rear-end collisions and falls down the stairs. Jed Dietrich, Esq., understands that you may face physical, psychological, and financial troubles. We may be able to seek monetary compensation for all of your damages in a personal injury lawsuit. Many of our clients become overwhelmed with the new terms they encounter during the duration of their injury claims. Understanding relevant words and phrases can help reduce your stress level. Below, the Dietrich Law Firm P.C.’s attorneys have defined some important personal injury legal terms that our clients frequently ask about:

  1. Negligence: Most injury claims are based on the legal theory of negligence. Negligence involves a breach of the duty of care or a failure to act reasonably to avoid causing an unnecessary injury. 
  2. Causation: An element needed to prove a defendant’s negligence. Causation pertains to a causal link between the defendant’s conduct and the plaintiff’s injuries. This element provides a critical means of connecting the defendant’s specific action(s) with its impact on the victim. 

10-Meanest-Dog-Blog-scaledEvery year, more than 4.7 million victims throughout the United States are bitten or attacked by dogs. Roughly 20% of those attacked by canines require urgent medical care. Although usually born good-natured, dogs can become mean if mistreated or in dire circumstances. Dogs also tend to be aggressive if they feel they are defending themselves or their owners. Many negative behaviors are caused by inadequate training, improper socialization, and lack of exercise. Certain diseases and genetic mutations can also cause canines to behave overly aggressively.

The Top 10 Meanest Dogs According To A-Z Animals

  1. Basenji: While Basenjis are extremely intelligent and usually bond tightly with their owners, this breed is notorious for being aloof towards strangers. This breed requires a lot of socialization to make them more tolerant of others.

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:

CDL-Blog-scaledOperating a commercial vehicle is vastly different and more challenging than driving a passenger vehicle. Large trucks weigh up to 80,000 pounds and are often 30 times heavier than the average passenger vehicle. The massive size and weight of semi-trucks drastically exacerbate the impact and damage they can inflict in the unfortunate event of an accident. The stopping distances required for these enormous vehicles are considerably longer. Consequently, obtaining a commercial driver’s license is imperative because of the additional training and skills needed to operate a semi-truck safely.

Do I Need A Commercial Driver’s License? 

Truckers must obtain a commercial driver’s license (CDL) to drive certain vehicles, such as dump trucks, tractor-trailers, and tankers. A CDL is also required to operate a bus, stretch limousine, or any vehicle designed to transport 15 or more passengers. New York State requires truckers to have a CDL to drive any vehicle with a gross vehicle rating of more than 26,000 pounds. Additionally, a CDL is needed to operate any size vehicle carrying material classified as a select agent or toxin or requiring a hazardous material placard.

Building-Code-scaledLocal municipalities, Erie County, and New York State have enacted various building codes and other standards to ensure public safety. These codes regulate the construction, repair, and maintenance of shopping malls, residential properties, and large office buildings. When building code violations and other property owner negligence occur, devastating personal injury accidents are bound to happen. Suppose you, or a loved one, were injured as a guest or visitor on someone else’s property. In that case, you may be entitled to pursue a premises liability lawsuit against the owner or other responsible party.  

Common Types Of Code Violations And Negligence 

Unfortunately, these violations occur more often than most people would think. While some minor building code violations may not pose substantial safety risks, others can be hazardous. Some of the most dangerous building code violations 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:

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