Articles Posted in Railroad 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.

Face-Wound-Dressing-300x200Unfortunately, even after an accident victim’s initial pain subsides, they could be left with permanent scarring and other disfigurements. Most scarring is caused by damage to the skin, such as scratches, abrasions, and puncture wounds. Depending upon the severity and location of the scar, it can significantly impact a victim’s ability to work and even perform routine tasks. Besides being a constant reminder of the traumatic injury, even the slightest alterations in a victim’s appearance can bring about overwhelming depression and emotional pain. Victims with scars in prominent places, such as the head, face, neck, or hands often struggle with terrible self-esteem and anxiety.  

Leading Causes Of Scarring And Disfigurement

The impact of scarring and disfiguring injuries can last the victim’s entire lifetime. Scarring is a normal part of the healing process. Just about any wound, burn, or other trauma, such as surgery, can result in scar tissue. After an accident, the most common types of scarring and disfigurement injuries include:

Woman-with-back-injury-300x200In the wake of an accident, it can take victims who have suffered from herniated or bulging discs weeks or even months before these injuries become problematic. Consequently, back and spinal cord injuries are regularly overlooked and undiagnosed. Unfortunately, failure to detect bulging discs can result in long-lasting pain and suffering. A herniated or bulging disc occurs when one of the rubbery cushions positioned in-between the bones that make up the spinal cord is shifted out of alignment. While any region of the spine can endure a herniated disc, this type of injury tends to arise in the lower back. 

What Are Common Causes Of Disk Herniation?

Numerous personal injury accidents and mishaps can cause herniated and bulging discs. The most frequent causes include:

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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.

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