car accident

If I Am Injured, What Type Of Lawyer Do I Need?

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

Choose-the-right-lawyer-300x200 Victims suffer injuries in tens of millions of severe accidents every year, such as slips and falls, collisions, and dog bites. Most of these injuries are caused by someone else’s negligence or even recklessness. The consequences of being involved in an accident can range from serious personal injuries and post-traumatic stress disorder to the destruction of property and costly hospital bills. Over 40 million accident victims require medical care due to various personal injuries each year. If you or a loved one have been injured due to someone else’s negligence, you may be wondering what type of lawyer to call.

Personal Injury Attorneys Help Accident Victims

If you, or a family member, have been injured in an accident that was caused by another’s carelessness, a personal injury lawyer is someone who can provide you with legal representation. Personal injury lawyers specialize in tort law, including negligent and intentional acts. This type of attorney focuses on pursuing monetary compensation for accident victims through civil litigation. It is crucial to choose a lawyer who has significant experience litigating the type of injury related to your case.

What Is Respondeat Superior?

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

Youre-Hired-300x200 An accident victim could file a claim against an employer if their employee caused their accident in certain situations. Since the employee caused the accident, you may be wondering how the victim can pursue a personal injury lawsuit against their employer. The answer lies in an old legal theory called respondeat superior. Respondeat superior originates from an ancient Latin saying, “let the master answer.” This principle held masters legally responsible for the actions of their servants. In the modern world, respondeat superior is still commonly applied in common law to hold employers liable for the actions of their employees.

Respondeat Superior In The Present Day

The legal theory of respondeat superior began from the idea that workers have only limited financial capacity. Additionally, negligent or reckless conduct of superiors, such as masters and employers, must be contained. Once a relationship between the employer and the employee has been established, a respondeat superior relationship is created, and the employer can be held legally responsible for an employee’s negligent actions or omissions if they occur during the scope of their employment. Since employers typically have higher insurance policies and more assets to pay for damages than their employees, victims have a much better chance of recovering adequate compensation.

What Are Medical Liens?

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

Liens-300x200 Many accident victims seeking damages in personal injury lawsuits are surprised to learn that an insurance company, doctor’s office, physical therapy clinic, or another party has placed a medical lien against their monetary compensation. As a result, victims may receive significantly less money than they anticipated. Since liens can substantially affect your financial outcome, knowing what they are and exactly how they work is crucial.

How Are Medical Liens Used?

After suffering injuries in an accident, most victims cannot afford to pay for their medical treatment upfront. Instead, third parties, such as government agencies, insurance companies, or hospitals, cover the costs. These third parties have a legal right to seek reimbursement for their expenses. Medical liens are often enforced against a victim’s settlement or jury award to collect payment for treatment provided. Medical liens are most frequently utilized in the following four circumstances:

What Are Insurance Policy Limits, And How Do They Impact My Claim?

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

Insurance-Limits-300x300 If you, or a family member, have suffered injuries in a Buffalo, New York car accident, you may be entitled to obtain monetary compensation. However, New York is a “no-fault” state which means that regardless of who was responsible for the crash, both drivers and passengers must file claims against the no-fault insurance of the vehicle that they were in. Under New York law, proof of no-fault insurance, also commonly referred to as personal injury protection (PIP) coverage, is required before registering a vehicle. Personal injury protection coverage promptly pays accident victims for their economic damages, such as hospital bills, lost income, and other essential expenses.

Minimum Liability Insurance Coverage

Every motorist is required to purchase minimum amounts of liability insurance coverage, including:

T-Bone Car Accidents

Published on: February 22, 2022 | By Dietrich Law Firm P.C.

A T-Bone car accident occurs when one vehicle collides with another at a ninety-degree angle, forming a “T” shape. Typically, T-bones involve two vehicles and are also known as side-impact crashes or broadside collisions. These types of accidents tend to cause severe injuries and even fatalities. According to the National Highway Traffic Administration’s (NHTSA’s) Traffic Safety Facts Annual Report, angle collisions accounted for 6,354 deaths, approximately 20 percent of traffic fatalities.

How Do They Occur?

Most T-Bone accidents happen at intersections when one vehicle fails to yield the right-of-way. For instance, a car may run a stop sign or red light and smash into the passenger side of another vehicle. However, side-impact crashes can occur anywhere and are not just limited to intersections. One common broadside scenario includes a driver backing out of an alley without noticing approaching vehicles. Additionally, various other factors can significantly contribute to broadsides such as:

Head-On Collisions

Published on: February 8, 2022 | By Dietrich Law Firm P.C.

HEAD-ON-COLLISION-300x200 A head-on collision, also commonly known as a “front impact accident” or “frontal crash,” occurs when two vehicles moving in opposite directions smash into each other’s front ends. Because of the high speeds often involved, head-on collisions tend to be some of the most gruesome types of car accidents. Generally, the gravity of injuries accompanying front impact accidents is much more substantial when compared to other types of crashes, such as sideswipes or rear-end collisions. For victims that are fortunate enough to survive these ravaging crashes, it may take months or even years to begin to recover physically, psychologically, and emotionally. Not to mention the hospital bills and other financial damages to consider, which add further stress to victims and their families.

Head-On Collisions Often Result In Devastating Injuries

Although frontal crashes are uncommon compared to other car accidents, statistics confirm that they are the most dangerous and fatal of all crashes. According to the Insurance Information Institute, head-on collisions only accounted for 2 percent of all car accidents in a recent year. However, they were responsible for more than 10 percent of all deadly crashes. Head-on collisions generate the most significant impact force when both vehicles are in motion directly before colliding. During even head-on collisions that involve relatively low speeds, drivers and passengers are highly vulnerable to destructive forces. Common injuries that victims suffer include:

When Should I Hire An Injury Attorney?

Published on: February 1, 2022 | By Dietrich Law Firm P.C.

Lawyer-Up-Blog-300x200 It is crucial to retain a personal injury attorney whenever you have been injured in an accident caused by someone else’s negligence, carelessness, or recklessness. Everything that you do in the wake of an accident can influence the outcome of your lawsuit. Even the slightest mistake could lead to a substantially lower settlement offer or judgment. The Dietrich Law Firm P.C.’s battle-tested personal injury lawyers recommend contacting us immediately after your accident. Having a legal expert carefully review your claim and answer questions can help you better understand your legal rights. After consulting with our highly experienced and knowledgeable attorneys, you can decide the best way to proceed with your case.

Reasons To Hire A Personal Injury Lawyer

Even minor rear-end accidents can severely injure your neck, back, and spinal cord. Regardless of how simple you think your claim is, even the most straightforward personal injury cases regularly involve various intricacies. No victim should ever have to go through this minefield alone. You should always retain the services of a personal injury law firm, especially in the following situations:

Passengers Injured In Car Accidents

Published on: January 25, 2022 | By Dietrich Law Firm P.C.

Passenger-Injuries-300x200 While the safety features on vehicles advance, most manufacturers have focused on protecting drivers while leaving passenger safety systems deficient. Consequently, passengers often suffer the brunt of injuries. Depending on the circumstances that led to the accident, passengers may be able to hold the drivers of the cars they were in, drivers of other vehicles involved, manufacturers of defective vehicles or parts, and government entities responsible for their injuries.

Common Passenger Injuries

During even minor accidents, passengers’ bodies can be subjected to powerful forces, such as unexpected acceleration, abrupt stopping, and extreme rotation. Depending on where a passenger was sitting, the type of accident, and the speed of the vehicles, the severity of their injuries can vary substantially. For example, passengers seated in the front are more likely to hit their heads on dashboards and suffer traumatic brain injuries (TBIs). The risk of backseat passengers suffering whiplash or spinal injuries is significantly higher, especially during rear-end crashes. In the event of a side-impact collision, passengers sitting on the impacted side of the vehicle are particularly vulnerable. Additionally, passengers can suffer a broad spectrum of other injuries and complications, including:

What Is Vicarious Liability?

Published on: January 11, 2022 | By Dietrich Law Firm P.C.

VICARIOUS-LIABILITY-300x225 The legal doctrine of vicarious liability is a form of secondary liability, meaning that one party can be held accountable for the acts of another. Vicarious liability commonly arises out of the legal responsibility employers have for the actions of their employees. In other words, when an employee’s negligence or irresponsibility during the scope of their employment causes an injury, their employer may also be held liable. Throughout history, various legal terms, such as respondeat superior, principal and agent, and master and servant, have all been used to place vicarious liability on third parties that retained the right to control the person at-fault for an accident. Since employers carry comprehensive insurance policies and sufficient financial resources, establishing vicarious liability can help victims obtain total compensation for their injuries.

Personal Injury Cases That May Involve Vicarious Liability

A fundamental element that separates this legal doctrine from other forms of liability is the lack of necessary direct participation. For vicarious liability to arise, the third party is not required to be present during the accident. Instead, liability is based on the negligent actions of an employee. The most common types of personal injury lawsuits where vicarious liability may be applied include:

Neck Injuries After Car Accidents

Published on: January 4, 2022 | By Dietrich Law Firm P.C.

Whiplash-300x179 Car accidents are one of the country’s leading causes of neck injuries. Over 800,000 crashes involving neck injuries are reported throughout the United States each year. Despite being a highly vulnerable part of the body, the neck has minimal protection during a car accident. While wearing a seatbelt can help keep your body in place, your neck and head are left unrestrained. In the event of a car crash, a victim’s neck can quickly jolt back and forth, be violently jerked from one side to another, or even be struck by flying debris. Abrupt, sharp movements are known for causing severe injuries to the cervical spine’s tendons, ligaments, nerves, muscles, and joints.

Signs And Symptoms Of Neck Injuries

In the wake of a collision, it often takes victims suffering from neck injuries several hours or even days before signs and symptoms emerge. For this reason, it is crucial never to ignore even relatively minor pain. When left untreated, a trivial neck injury could lead to lingering pain and chronic complications in the future. We strongly advise seeking immediate medical care if you experience any of the following: