Articles Tagged with attorney

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Most people think of New York as a no-fault state. However, no-fault coverage has limitations, and it does not apply to every vehicle. Motorcycles, for instance, are typically exempt from no-fault insurance. In other words, if you are injured, you cannot expect the same support you would receive after a car accident. Your insurer might still be liable to pay benefits for any additional motorcycle coverage that you have already purchased, but they probably would not provide the level of compensation you would expect from a standard no-fault claim.

No-Fault Insurance In New York

New York is a no-fault state, which means that accident victims are usually expected to file a claim with their own insurance company after an accident. Even if you were found at fault for an accident, you are entitled to receive certain benefits, including:

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Few people are ever fully prepared to file a lawsuit, let alone a wrongful death claim.

Losing a loved one, after all, entails much more than grief. Grief alone is often enough to make everyday life unrecognizable. Beyond emotional hardship, losing a loved one also means losing a critical pillar of support. Funerals can cost substantial amounts of money, and reconfiguring your finances to account for a loss of income could make an unwelcome change seem inevitable.

However, no amount of money can ever compensate for the loss of a parent, spouse, or child; however, filing a product liability lawsuit may serve a greater purpose. Negotiating a settlement could provide a means to guarantee your financial stability or present an opportunity to ensure that a negligent company is compelled to reform, thereby protecting others from enduring the unthinkable.

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Product manufacturers and retailers have responsibilities beyond the market.

If you buy a new product, you have a legal right to expect that it will work safely and as advertised. However, it is no secret that manufacturers cut corners, sometimes because they had no reason to believe that a particular component was defective, and sometimes because they prioritize cost-cutting and profitability over consumers’ well-being. In either case, you should never have to feel like you are on the line for a corporation’s mistake.

Under New York law, you could be entitled to file a product liability lawsuit against the person or party who caused your injuries. Aside from recovering damages for your economic losses, you could also obtain compensation for emotional pain, suffering, and hardship.

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Few people would ever buy a product they knew was dangerous.

In New York, a state with some of the strongest consumer-protection laws in the country, you have every right to expect that the products you buy are safe. However, companies make mistakes, and sometimes they deliberately cut corners, too. Even minor omissions during a product’s design phase or manufacturing process can have serious later repercussions, though they are not always apparent until it is too late.

Defective products can cause lasting harm, but not all injuries are visible. A broken bone, for instance, is an inherently serious and painful injury. In the first stages of recovery, your priority might be regaining your mobility or managing medical debt. But recovery, whether it lasts for weeks or months, can take a toll on the body and mind, making everyday life extraordinarily unpleasant.

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Defective products can look safe and modern but fail when they are most needed.

If you have been injured by a defective or poorly-designed product, you could be entitled to significant compensation. However, no two cases are exactly the same. Proving that your brakes malfunctioned, for instance, requires a different type and range of evidence than establishing that a retailer misrepresented a warranty. No matter the circumstances, though, serious accidents can have serious consequences, often leaving victims short on savings and unable to work.

You do not have to pay the price for an accident that was not your fault.

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  1. Do Your Due Diligence

You could be entitled to file a product liability lawsuit if you have been injured by a product that was in some way defective. However, your rights come with certain stipulations. In New York, the state statute of limitations dictates how long you have to lodge a legal claim against the person or party who caused your accident. If you wait too long to contact an attorney and begin putting your case together, the statute of limitations could lapse, and once it does, you may not be able to file a lawsuit at all.

  1. Save Your Medical Records

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A product liability lawsuit is a legal claim filed against the maker, manufacturer, or retailer of a defective product. Even compared to other types of personal injury actions, product liability lawsuits tend to be complex. They are, for instance, often reliant on technical evidence and expert insight that is not always available for free, and which sometimes costs massive amounts of money to obtain and interpret.

In short, litigating a product liability lawsuit can be as expensive, time-consuming and complex. However, this does not mean that hiring an attorney is unaffordable. A recognized U.S. News & World Report Best Law Firm, the Dietrich Law Firm P.C. has spent decades fighting for the rights of accident victims in Buffalo and throughout Upstate New York. We know that, after an accident, your physical health and financial well-being take priority, which is why we do not ask our clients to pay upfront for our services.

Here is what you need to know about:

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You should never have to pay for an accident that was not your fault, but filing a personal injury lawsuit is not always straightforward.

Suppose you have been involved in a car crash or a slip-and-fall accident. In that case, you may already have a rough idea of what to do next: call the police or ask for a manager, contact the at-fault party’s insurance company, and then reach out to an attorney if you need help obtaining evidence or negotiating a better settlement.

But what happens if you have been injured by a product that you purchased?

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Serious accidents often lead to serious injuries.

A variety of factors determine the severity of an injury. These factors can, in turn, influence the course and length of your recovery. If you have sustained a fracture, a broken bone, or damage to a joint, there is a good chance treatment will entail more than a one-and-done visit to the emergency room. You may even have to sit down for a consultation with an orthopedic surgeon or other medical specialist.

Orthopedic Doctors And Your Personal Injury Claim

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Serious accidents can have life-altering repercussions.

If you have been injured in an accident that was not your fault, filing an insurance claim and talking to a personal injury lawyer is often just the beginning of a long, drawn-out process.

Even if you are confident that someday you will be fit enough and ready enough to resume your ordinary routine, traumatic injuries have a bad habit of hounding survivors for much longer than most anyone would anticipate. Physical pain can be both debilitating and disabling. In some cases, it could persist for years after an accident, serving as an ever-present reminder of a time you would rather move past than be reminded of every day.

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