Slip and Fall Accidents

What Does Loss of Consortium Mean?

Published on: March 29, 2022 | By Dietrich Law Firm P.C.

Couple-Doing-Yardwork-200x300 Loss of consortium is a term used in personal injury law that refers to the deprivation of the benefits of a family relationship because of injuries suffered in an accident. Under New York law, injured victims may be eligible to obtain monetary compensation for the loss of consortium and companionship. These claims are intended to remedy marital damages that the victim and their spouse have suffered. Loss of consortium claims are generally made when the injuries suffered are long-lasting, devastating, or debilitating.

Who Can Bring A Loss Of Consortium Claim?

In New York State, spouses of injured victims can claim the loss of consortium or companionship. Unfortunately, this does not include life partners or significant others. If a spouse contributed financially to their household and family expenses, the claim might consist of loss of financial support. This amount is determined by the sum of money the spouse would have contributed to the family had they not been injured.

Scarring And Disfigurement After A Personal Injury Accident

Published on: November 16, 2021 | By Dietrich Law Firm P.C.

Face-Wound-Dressing-300x200 Unfortunately, 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:

Back Injuries: Herniated And Bulging Discs

Published on: November 3, 2021 | By Dietrich Law Firm P.C.

Woman-with-back-injury-300x200 In 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:

Common Personal Injury Accidents In Buffalo, New York

Published on: October 26, 2021 | By Dietrich Law Firm P.C.

Leg-Cast-with-Crutches-300x200 Approximately 40 million accident victims require medical treatment for an assortment of personal injuries each year. With numerous types of accident-related damages, some have the potential to drastically alter victims’ lives forever. Most personal injuries result from accidents involving another’s negligence. Unfortunately, negligence can cause innocent victims to suffer severe injuries, which lead to costly hospital bills, rehabilitation, pain and suffering, and lost wages from missing work.

The Five Most Prevalent Types Of Personal Injury Accidents

Car Crashes: Car accident claims are the most common personal injury cases in Buffalo, New York, and throughout the country. Every year, millions of victims sustain severe injuries due to car crashes. Collisions are often caused by careless or irresponsible driving practices, such as distracted driving, driving while sleep-deprived, driving under the influence, and speeding.

Traumatic Brain Injuries

Published on: October 5, 2021 | By Dietrich Law Firm P.C.

sm-Woman-sees-doctor-for-a-bad-headache-300x200 A head injury that disrupts the regular functioning of the brain is known as a traumatic brain injury (TBI). Head injuries are a significant cause of disability and death. Approximately 2.9 million victims suffer traumatic brain injuries in the United States each year. Even relatively minor brain injuries can have catastrophic effects on a victim. According to the Centers for Disease Control and Prevention’s (CDC) most recent available data, there were nearly 61,000 TBI-related fatalities in 2019 alone. That is roughly 166 deaths per day. While anyone can suffer a head injury, figures suggest that children and elderly adults are at the most significant risk.

What Are The Most Common Causes Of Head Injuries?

Traumatic brain injuries can be caused by a bump, blow, or jolt to the head. However, not all brain injuries involve contact. The most common causes of traumatic brain injuries include:

Implications Of A Defendant’s Bankruptcy On A Personal Injury Judgment

Published on: July 27, 2021 | By Dietrich Law Firm P.C.

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Victims of serious accidents can be incapacitated at hospitals for weeks or even months. Even with medical insurance, hospital bills, prescription medications, surgeries, and rehabilitation costs can quickly add up. This often makes life extraordinarily burdensome for victims. Unfortunately, winning a large personal injury verdict does not always guarantee that a victim will collect a payout from the liable party. In some cases, a defendant may lack adequate financial resources to pay the judgment and file for protection under bankruptcy.

What Happens If The Defendant Files For Bankruptcy?

Defendants, such as municipalities and large corporations, tend to have deep enough pockets to satisfy large judgments and settlements. However, some defendants who cannot afford to pay millions of dollars may decide to file for bankruptcy. While most personal injury lawsuits are tried under state law, bankruptcy is a federal matter.

Changes To The Uniform Rules And Their Impact On Attorneys’ Practices

Published on: June 29, 2021 | By Dietrich Law Firm P.C.

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Chief Administrative Judge Larry Marks issued Administrative Order 270/2020, which implemented considerable modifications to general civil practice in New York Supreme Court. Overall, there are nearly 30 rules that have been adopted into the Uniform Rules. Many of these new rules or variations were derived from the existing rules and procedures of the Commercial Division.

Highlights of the Recent Changes to the Uniform Rules

Some of the most noteworthy changes to the Uniform Rules include the following:

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:

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.

New York Court Discusses Negligence in Slip and Fall Cases

Published on: March 3, 2021 | By Dietrich Law Firm P.C.

Slip and fall accidents frequently occur in New York, and in many instances, they cause significant harm. Some people hurt in such incidents can recover damages, but whether they are owed compensation depends on numerous factors, including what caused them to fall and how long the dangerous condition was present. In a recent New York ruling, a court discussed each party’s burden of proof with regard to negligent claims arising out of slip and fall accidents. If you suffered injuries on someone else’s property, you could be owed damages, and it is smart to meet with a dedicated Buffalo personal injury attorney to discuss your harm.

The Plaintiff’s Fall

It is alleged that the plaintiff lived in a building owned by the defendant. As she was leaving the building one day, she slipped on the landing and fell down a flight of stairs that led to the front door. She was injured in the fall and subsequently filed a lawsuit against the defendant, alleging they negligently permitted a dangerous condition to exist on the property, which caused her to suffer injuries. The defendant moved for summary judgment, arguing that the plaintiff could not specify what caused her to fall and, therefore, her claim must fail. The court ruled in favor of the plaintiff, and the defendant appealed.

Proving Liability in Slip and Fall Cases

Under New York Law, if a plaintiff in a slip and fall case cannot identify the cause of his or her fall, it is fatal to any negligence claim arising out of the incident, as it would require the judge or jury determining liability to make a finding of proximate cause based on pure speculation. In the subject case, the defendant argued that the plaintiff did not know what caused her to fall, and therefore, her negligence claim should be dismissed. Continue reading