Articles Posted in Wrongful Death

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:

MC-BLOG-scaledMotorcycles are a fast and convenient way to get around. These vehicles provide riders with many great benefits, such as more accessible parking, maneuverability, better gas mileage, and the ability to reach destinations faster. Many motorcyclists enjoy the excitement of riding on country roads because of the breathtaking scenery and open-air freedom. Other bikers love the challenge of riding through city traffic while commuting to and from work. Whether you are considering getting your Class M Operator’s License or you are an avid rider, it is imperative to familiarize yourself with some of New York State’s applicable laws. The Dietrich Law Firm P.C.’s seasoned motorcycle accident injury attorneys have compiled some essential information below.

Helmets And Face Shields 

Under New York Vehicle and Traffic Law, Section 381(6), all motorcycle riders and their passengers must wear protective helmets. The helmet must meet the requirements specified in Section 571.218 of the Federal Motor Vehicle Safety Standards. Bikers must show they have a New York State Department of Transportation (NYSDOT) approved helmet to obtain a license and register their motorcycle. Section 381(7) also requires bikers to wear a face shield or goggles that the American National Standard Institute approves. 

Attorney-Client-Relationship-Blog-scaledWhen you hire a personal injury attorney to litigate your accident case, knowing that you have certain rights as a client is crucial. Strict standards of ethical and professional responsibility bind personal injury lawyers. The relationship between an attorney and their client should be based on confidence and trust. At the Dietrich Law Firm P.C., our battle-tested litigators believe in building strong relationships with our clients. We take the attorney-client relationship exceptionally seriously and are dedicated to treating every client with the respect, consideration, and compassion they deserve. 

Rights And Privileges That Your Attorney Should Provide

As a client, you should be able to expect the following from your attorney:

Zantac-Blog-scaledIn 1978, Glaxo Laboratories developed a molecule called ranitidine, which could treat heartburn. Soon after the U.S. Food and Drug Administration (FDA) approved the drug under the brand name Zantac, ranitidine rapidly became the world’s top-selling prescription medication. From the beginning to the end, Glaxo was warned by independent investigators and scientists about Zantac’s potential cancer risks. Glaxo failed to share critical evaluations of the drug with the FDA and endorsed erroneous research intended to minimize safety concerns. The company launched an aggressive marketing campaign to promote Zantac as more effective, more convenient, and safer than the alternative drug Tagamet. With Americans already spending roughly a billion dollars annually for heartburn relief, Glaxo introduced a 75mg over-the-counter Zantac pill. 

While considerable evidence and suspicions indicated Zantac’s cancer-causing properties, documents show Glaxo ignored the warnings. Connected to cancer as early as 1956, NDMA belongs to a group of chemicals called nitrosamines, which have caused cancer in every species of animal tested. A prominent pharmaceutical analyst suggested that under certain conditions in the stomach, a chemical reaction could turn ranitidine into NDMA. However, Glaxo’s board never requested any studies to determine if ranitidine could form into nitrosamine. Even after several independent studies revealed ranitidine resulted in toxic and mutagenic effects, Glaxo still tried to convince everyone of the safety of their drug. In 1982, despite the company’s scientist Richard Tanner finding up to 232,000 nanograms of NDMA in Zantac, court documents show that Glaxo kept this study a secret.    

In 2019, Valisure, a private lab, sent the FDA a document regarding Zantac’s extremely high levels of NDMA. After finding NDMA in every version of ranitidine it analyzed, the lab determined the problem inherently existed with the molecule itself. Although consuming minuscule amounts of the carcinogen is not believed to be harmful, lab tests uncovered excessive amounts of NDMA in ranitidine. It takes less than a milligram of NDMA to mutate mice cells, and 2 grams is enough to kill a person. Consequently, the FDA forced all versions of the drug off the market in 2020. However, the FDA maintained that there were no consistent signals that the drug increased cancer risks. Critics believe the FDA’s stance was an attempt to absolve the agency of wrongdoing.

Compensation-blog-scaledSuffering injuries in any accident caused by another’s negligence or carelessness can have devastating consequences. Whether a foodborne illness, a car wreck, an attack by an unleashed dog, or a fall in an icy parking lot caused you harm, you may be having difficulty getting your life back on track. Victims of severe accidents are often forced to grapple with hospital bills piling up while unable to work or earn any income. With the severe bodily pain, emotional trauma, and financial challenges that victims struggle with, obtaining fair compensation is often the only way to bounce back. Damages refer to the compensation that a victim’s attorney can recover for them either through negotiating a settlement or trying the case to a verdict. Special, general, and punitive damages are the three primary types of personal injury compensation.  

Special Damages

Special damages, also popularly known as economic damages, are based on a victim’s actual costs incurred due to losses sustained in the accident. The purpose of these damages is to restore precisely what the victim lost and return them to their pre-accident standing. Since special damages are easily verifiable and proven by tangible evidence, the amount awarded is relatively straightforward. Some common examples of economic damages include:

Bellweather-Trial-scaledThe word bellwether can be traced back to the 13th century when shepherds hung bells around the necks of some of their sheep to designate them as leaders. Similarly, bellwether trials are designed to track and monitor the potential results of a large group of lawsuits. They are test lawsuits that use individual claims originating from a group of widely contested lawsuits filed against the same party. When hundreds or even thousands of lawsuits are filed against one party, these trials allow a few select cases to go to court to predict how the remaining pending claims will turn out at trial.

What Is Multidistrict Litigation?

In recent years, the number of medical injuries and pharmaceutical claims that have developed into multidistrict litigations has significantly increased. Multidistrict litigation, also known as MDL, is a special judicial proceeding designed to help federal courts better manage a large group of related lawsuits filed in various jurisdictions by different plaintiffs with similar legal issues and the same defendant. These proceedings are contingent on getting a majority approval from 7 district court judges, known as the Judicial Panel on Multidistrict Litigation. Upon approval, the cases are temporarily transferred and consolidated at one or more district courts for pretrial coordination. 

Car-Accidents-on-Ice-Blog-scaledWith an average of nearly 94 inches of snowfall per year, many Buffalonians consider driving through the snow to be a rite of passage. Unfortunately, driving anywhere in the winter can be extremely dangerous, especially during freezing conditions. When the temperature drops, ice often rapidly develops on our roads, highways, and parking lots. Since ice can make it difficult for a vehicle’s tires to maintain traction and significantly reduce friction, the rate and severity of car accidents drastically increase during winter. According to the National Highway Traffic Safety Administration (NHTSA), in a recent year alone, victims of wintry condition crashes suffered 374 fatalities and roughly 25,000 injuries.

Who Is Responsible For Your Collision On Ice?

Even if ice played a role in your accident, the at-fault motorist could still be held accountable for your damages. However, determining liability for a collision on ice is more complex than you think. That is why it is crucial to seek guidance from a highly qualified personal injury lawyer.

Request-Police-Report-scaledSuppose you were involved in a car crash and need to make an insurance claim or file a lawsuit. In that case, the Dietrich Law Firm P.C.’s top rated attorneys recommend obtaining a copy of the corresponding police report, also referred to as a police accident report. You can do this by going to the responding officer’s precinct and asking for it in person. The police department should be located in the jurisdiction where the accident occurred. However, you may be able to save yourself a trip by calling in advance to confirm. A copy of the police report will usually be provided for free. While it may be available immediately, sometimes it can take up to 30 days.   

You can also request a copy online if you cannot go in person. The New York State Department of Motor Vehicles (DMV) allows online requests for police reports. For electronically filed police reports, you should allow at least 14 days from the date of the accident. The DMV maintains accident reports for four years from the date of the incident. Although reports involving accidents where no one suffered injury or property damage exceeding $1,000 are not available online, you can obtain one by mailing in a Request for Copy of Accident Report (MV-198C).

What Will I Need To Retrieve My Police Report? 

Statute-of-Limitations-scaledSuppose that you, or a family member, have been injured in an accident caused by another person’s negligence or recklessness. You may be able to file a personal injury lawsuit. Pursuing a case against the responsible party could be your only means to recover compensation. However, you only have a limited time to file your claim. The deadline is known as the statute of limitations (SOL). The statute of limitations, like a countdown, can significantly impact when or even if you can pursue your case. Regardless of the strength of your claim, when the statute of limitations runs out, your case will be considered time-barred. Meaning the defendant can assert that the statute of limitations has run out and ask the court to dismiss the lawsuit on that basis alone.

The Purpose Of The Statute Of Limitations

The statute of limitations are laws that establish a maximum duration from the date of the incident that a victim must commence legal proceedings. These laws are based on the principle of fairness and apply to criminal and civil cases. Over time, evidence is improperly preserved, memories tend to fade, and witnesses start to disappear. People move on with their lives and do not expect to be sued for accidents long ago. Some crimes, such as murder in the 1st degree and treason, are so horrendous that they cannot be time-barred. 

Dangerous-time-to-drive-scaledDriving is the most dangerous activity the average American performs multiple times daily. When most people get behind the wheel, the thought of getting into a car accident never even crosses their minds. Drivers are more focused on reaching their destinations quickly. However, motorists are exposed to varying risks during their commutes depending on the time of day, day of the week, and time of the year. While the last thing any driver wants is to be seriously injured in a crash, car accidents are a part of driving.

The Riskiest Times For Driving

Independence Day and New Year’s Day have historically been the most dangerous days for Americans to be on the road. Even though collisions can occur daily, at any time, accidents are much more rampant at certain hours on specific days of the week. Additionally, the following times and days are the most dangerous:

Contact Information