Buffalo

Wrong-Way Car Accidents

Published on: July 26, 2022 | By Dietrich Law Firm P.C.

Wrong-Way-Car-Accident-Blog-scaled We have all heard stories about collisions involving motorists driving towards oncoming traffic in the wrong lane. Wrong-way car accidents occur when a car driving in an inappropriate direction strikes another vehicle. Typically, wrong-way car accidents result in head-on collisions. These car crashes occur more often than most people would think and usually bring about devastating injuries and deaths. In a recent 8-year period, nearly 3,900 fatal injuries were caused by wrong-way crashes.

Common Causes Of Wrong-Way Collisions

Drivers who are unfamiliar with a particular area are generally more likely to drive on the wrong side of the road mistakenly. This type of accident also has a higher probability of occurring over the weekend and at night. Some other frequent causes of wrong-way accidents include:

What is a Notary?

Published on: July 12, 2022 | By Dietrich Law Firm P.C.

NOTARY-BLOG-scaled Certain deeds, papers, and writings must be notarized to qualify as evidence of the facts therein contained. To notarize a document, it must be signed and sworn in front of a public official called a notary public. In other words, a notary public serves as an impartial witness to execute acknowledgments on important documents requiring the administration of an oath. The general authority of a notary public is outlined in NY CLS Exec § 135. In New York, notaries must be commissioned by the Secretary of State. To become licensed, applicants must be a resident or have a place of business in New York State, be at least 18 years old, submit a completed application and pay the required fee to the Department of State, and pass the NYS Notary Public Exam. A notary public’s term of commission is four years.

What Are The Main Responsibilities Of A Notary Public?

According to the New York State Department of State, notarial functions include the following:

The Hearsay Rule

Published on: July 5, 2022 | By Dietrich Law Firm P.C.

Hearsay-Blog-scaled By definition, hearsay is any statement made outside of court but repeated at trial to support the legitimacy of the asserted matter. The hearsay rule regulates what evidence a judge or jury can take into account at trial and can apply to both oral testimony and written documents. When a witness obtains information from someone else but did personally observe the event, unless some exception applies, that witness cannot repeat what the other person told them. Instead, the witness’s testimony must be based upon their own experience, a first-person account. In personal injury cases, the hearsay rule often has profound implications on proving legal issues, such as negligence and damages.

An Example Of Hearsay

If a witness to a collision says, “I saw the yellow Ferrari make a right turn and hit the red Honda in the front driver’s side.” This would be regarded as an acceptable statement because the witness is recounting what they saw with their own eyes. However, if the witness says, “After hearing a loud noise, I looked over and noticed that a crash occurred. Jane Doe told me she saw the accident, and the Ferrari T-boned the Honda.” That would be considered an inadmissible statement under the hearsay rule. This is because Jane is not present at trial to be cross-examined by the opposing counsel, and the witness only recounts what Jane Doe said instead of something observed firsthand.

What Is The Duty Of Care?

Published on: June 28, 2022 | By Dietrich Law Firm P.C.

DUTY-OF-CARE-scaled To prove fault in most personal injury lawsuits, a plaintiff must show that the defendant was negligent. Victims have the burden of demonstrating four legal elements to prove negligence. The first element of negligence is the at-fault party’s duty of care. Typically, this is one of the easiest elements to prove because everyone has a basic obligation to avoid unnecessarily injuring others. The duty to act appropriately is relevant in almost every situation and is often assumed by being in another’s vicinity. In other words, you must implement the same degree of caution and consideration that a reasonable person would exercise given the same situation. Someone does not need to assume the duty of care to another party voluntarily. It can be imposed just by being in a specific place at a specific time.

Breaching The Duty Of Care

The defendant does not need to know you to owe you reasonable care. However, the duty can be based on the relationship of the parties. Additionally, according to New York law, those in certain positions or professions can be held to a higher standard of care to prevent harm. After determining that a defendant owed you a duty of care, you must show how they breached it. A breach arises when an individual’s actions or inactions fail to meet the appropriate standard of care. When a defendant is required to act a certain way and fails to do so, they may be regarded as having breached their duty. Depending on the circumstances, the standard can be breached in numerous ways. Some common examples of breaches include:

Common Defenses Used In Personal Injury Cases

Published on: June 23, 2022 | By Dietrich Law Firm P.C.

Common-Defenses-Blog-300x149 If you have suffered severe injuries in an accident caused by someone else, it only seems fitting that the person or business should be held liable for your losses. Unfortunately, personal injury cases are not always as straightforward as most people think. While the victim has to prove that the other party was negligent, it is not uncommon to see the insurance adjusters or defense lawyers raise defenses. When certain defenses are successfully demonstrated, at-fault individuals may be able to wholly or partially avoid legal responsibility.

Affirmative Defenses

Defense lawyers often try to do everything possible to minimize or even eliminate the amount of compensation that a plaintiff rightfully deserves. When an affirmative defense is brought up, the burden of proof shifts to the defendant to demonstrate it. If the defendant successfully proves a defense, the plaintiff can try to disprove it. Defenses commonly asserted in injury lawsuits include:

What Are Punitive Damages?

Published on: June 14, 2022 | By Dietrich Law Firm P.C.

Punitive-Damages-300x225 In a personal injury or wrongful death lawsuit, the plaintiff may be eligible to obtain damages for their losses resulting from a defendant’s negligence. These damages are typically compensatory, meaning that they are designed to compensate victims for their actual injuries. Compensatory damages can be economic and non-economic, such as medical expenses, physical therapy costs, lost wages, property damage, pain and suffering, loss of enjoyment, and loss of consortium.

Punitive damages also referred to as exemplary damages, are another type of damages that can be awarded in addition to compensatory damages. As the name suggests, punitive damages are meant to punish defendants. Exemplary damages are awarded at the court’s discretion when the defendant’s conduct was found to be outrageous. In other words, punitive damages are reserved for instances where the defendant acted so recklessly that they showed extreme disregard for the consequences of their actions. These damages were not explicitly designed to compensate the plaintiffs and are not awarded in every case.

Negligence Alone Is Insufficient

What Is The Burden Of Proof?

Published on: June 7, 2022 | By Dietrich Law Firm P.C.

Burden-of-Proof-300x200 Under New York law, a victim who pursues damages, also known as a plaintiff, has the burden of proof. In other words, the plaintiff must present evidence to establish the legal elements required to prove the particulars of their claim.

An Affirmative Defense Can Shift The Burden Of Proof

The person or entity being sued, also known as the defendant, is not legally obligated to prove or disprove anything. This means that the defendant does not have to provide any evidence in their defense. If the plaintiff cannot prove all of the elements of their case by a preponderance of the evidence, the defendant will not be held accountable. Nevertheless, the burden of proof can shift if the defendant raises an affirmative defense. An affirmative defense, such as the assumption of risk or comparative fault, can mitigate the consequences of the defendant’s negligent actions against the plaintiff.

Should I File an Insurance Claim If I Am Injured In An Accident?

Published on: May 31, 2022 | By Dietrich Law Firm P.C.

Young-woman-confused-by-insurance-form-300x200 Being the victim of an accident can be an extremely traumatic event, especially if you have suffered injuries, property damage, or other significant losses. Even seemingly minor accidents can have disastrous repercussions, such as life-long disabilities, permanent disfigurements, complete paralysis, and traumatic brain injuries. Since most accidents are unpredictable and transpire with little to no warning, victims are usually uncertain about their next steps. The last thing any accident victim wants to worry about is filing the proper forms. With a highly experienced personal injury attorney, the legal process after an accident does not have to be overwhelming.

The Insurance Claim Process

Whether you have suffered injuries resulting from a dog bite, slip and fall, or supermarket accident, filing an insurance claim is your first step towards obtaining compensation. Although insurance claims may appear complicated, filing a claim may not be as difficult as you think. It should be completed as soon as reasonably possible. It is essential to realize that New York is a no-fault state. This means that irrespective of who was at fault in a car crash, you can file a claim with your own insurance company to recover damages.

What Are Special Damages?

Published on: May 24, 2022 | By Dietrich Law Firm P.C.

Special-Damages-300x200 Being the victim of an accident resulting from another’s negligence or recklessness can have earth-shattering ramifications. Victims who sustain serious injuries forfeit small fortunes in lost incomes, medical bills, and rehabilitation costs. Not to mention, many suffer from severe physical, psychological, and emotional complications. Obtaining reasonable compensation for your injuries is often the best way to start recovering. After suffering severe accident-related injuries, victims frequently pursue personal injury lawsuits to recoup their losses. One of the main types of compensation that courts award to plaintiffs is called special or economic damages.

Economic Damages Are Easily Verifiable

Special damages are generally straightforward and easier to authenticate than general damages, like pain and suffering. These damages can be determined without much difficulty because they are based on the victim’s tangible costs. Special damages are designed to help victims return to the same positions that they were in before their accidents. Put simply, the rationale behind special damages is to restore everything that a victim has lost.

How Do You Prove Negligence?

Published on: May 10, 2022 | By Dietrich Law Firm P.C.

Prove-Negligence-Blog-300x227 Suppose you have been seriously injured in an accident because of another’s wrongdoing. You may be eligible to pursue monetary compensation through a personal injury lawsuit. However, to hold the other party financially liable for your damages, you must first prove that they were negligent. Understanding the legal elements of negligence can help you win your Buffalo, New York injury claim.

The Reasonable Person Standard

A reasonable person is somebody who approaches all situations with a sufficient amount of caution before prudently taking action. This was established to provide courts with an objective criterion that can be applied when determining whether a defendant’s actions constitute negligence. In other words, a jury must decide what a reasonable person would have done under conditions similar to the defendants. After comparing the defendant’s conduct to that of a reasonable person, they may find that the defendant was negligent if their conduct failed to meet the reasonable person’s standard.