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Summer Camp Accidents

Published on: August 24, 2021 | By Dietrich Law Firm P.C.

SUMMER-CAMP-1-300x200 With over 12,000 summer camps operating throughout the country, over 6 million children participate in day or overnight camps each year. Summer camp is an excellent way for parents to keep their kids active and entertained while school is out. With camps providing adventures for children of all ages, there is no doubt that lots of unforgettable memories are made. However, serious accidents and resulting injuries can devastate children’s camping experiences and lead to permanent disfigurements, pain and suffering, and even life-long disabilities.

Common Types Of Summer Camp Mishaps

Summer camp allows children the opportunity to try new things and enjoy the great outdoors. Most people associate camp with bonfires, kickball tournaments, archery practice, and scavenger hunts, not to mention swimming at the pool or lake. Along with all the fun also comes its fair share of risks. There are numerous dangers which your child could encounter. The most common incidents that result in severe injuries at camp include:

Boat Accidents And Injuries

Published on: August 17, 2021 | By Dietrich Law Firm P.C.

Boat-1-300x200 With nearly 12 million registered recreational vessels throughout the country, boating is a popular pastime. Boating can be an excellent way to spend a hot summer afternoon. There is nothing better than heading out on Lake Erie with family or friends, but it can also be hazardous. According to the U.S. Coast Guard, in 2019 alone, 4,168 boat accidents resulted in 2,559 injuries and 613 fatalities.

Common Causes Of Boating Accidents

Negligent or Reckless Boat Operators: Many owners navigate their boats irresponsibly or carelessly, leading to unnecessary accidents in the water. This can include various actions or inactions, such as violating low wake rules, overloading a boat, failing to notice other boats in their vicinity, failing to yield to another watercraft, neglecting to maintain a safe distance from other vessels, or overall inattention by the operator.

The Most Common Summertime Injuries

Published on: August 10, 2021 | By Dietrich Law Firm P.C.

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During the summer, hot weather and longer days bring many Buffalonians outdoors for pool parties, sporting events, camping trips, and cookouts. Summer is one of the most active seasons of the year for all ages. Unfortunately, summertime accidents and resulting injuries lead to a dramatic increase in visits to emergency rooms each year. Sunny days prompt many people to try new endeavors that are not possible during the winter, which helps transform the summer months into one of the busiest periods for accident-related injuries. Traumatic injuries among adults surge approximately 30 percent, while child trauma cases nearly double.

Prevalent Summertime Injuries And How To Avoid Them

Drownings: When the summer heat strikes, swimming pools quickly become an epicenter for fun and entertainment. Unfortunately, a fun day at the pool can lead to severe bodily injuries and unintentional drownings. Roughly 20 percent of drowning fatalities occur in children aged 14 and younger. It is crucial to never leave your children unsupervised in or around a pool.

Can Creditors Take Away Your Personal Injury Settlement?

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

Debt-Collection-300x100 After an accident, the settlement amount you obtain can help you pay for hospital bills and other related expenses. Clients, who owe debts, often wonder if their compensation can be subject to garnishment actions at the hands of creditors. Fortunately, under New York State law, personal injury settlements are partially exempt from the reach of most creditors. In other words, creditors are typically prohibited from seizing settlements to satisfy existing debts.

Protecting Your Compensation

If you declare a Chapter 7 bankruptcy, all non-exempt assets are eligible to be distributed for the payment of creditors in return for discharging unpaid debts. Individuals filing for bankruptcy can choose to apply for either New York State or federal bankruptcy exemptions. Typically, federal exemptions provide more generous guidelines than those within the state. Some important exemptions include:

Paraquat Multidistrict Litigation

Published on: July 20, 2021 | By Dietrich Law Firm P.C.

Paraquat1-300x200 As the number of claims filed continues to multiply, the Judicial Panel on Multidistrict Litigation has ordered all paraquat lawsuits to be consolidated. The paraquat multidistrict litigation, MDL No. 3004, will be administered by the Honorable Nancy J. Rosenstengel at the United States District Court for the Southern District of Illinois. The Judicial Panel on Multidistrict Litigation’s decision indicates that paraquat lawsuits are rapidly building momentum and could soon develop into a mass tort.

How Is Multidistrict Litigation Beneficial?

When personal injury or product liability cases affect large numbers of plaintiffs, the Judicial Panel on Multidistrict Litigation can implement special pretrial proceedings known as multidistrict litigation. In which multiple claims sharing common legal issues are provisionally combined and moved to a district court. The chosen district court supervises the discovery and pretrial litigation for the group of cases. Multidistrict litigation helps conserve resources while supporting consistent court rulings for different claims involving similar matters of law. By eliminating duplicate discovery demands, depositions, and other pretrial procedures, they help streamline cases. Upon completion of pretrial proceedings, several lawsuits may be designated to serve as bellwether trials. The judgments from the bellwether trials often serve as a basis for possible settlement amounts in the remaining claims. Unsettled lawsuits are transferred back to be tried at the courts of original jurisdiction. While the issues surrounding the plaintiffs’ injuries are similar, the injuries can vary in severity. Thus, multidistrict litigations provide victims with an opportunity to address the nature of their damages independently.

Civil Trials Have Resumed After COVID-19

Published on: July 13, 2021 | By Dietrich Law Firm P.C.

COVID-COURT-300x200 After being halted due to the COVID-19 pandemic, civil jury trials resumed throughout the state on March 22, 2021. For over fifteen months, courts were forced to drastically minimize their operations and transform legal proceedings into video-linked virtual conferences. All 16,000 members of New York State’s Judiciary have returned to their respective courthouses and other judicial facilities. However, courtrooms were forced to adopt a much different look than before COVID.

How To Expect Courtrooms To Look Under The ‘New Normal’

The return to full staffing does not mean reverting to densely crowded courtrooms and trials. Through advanced remote technology, the number of people physically present in court is substantially limited. Virtual appearances using Microsoft Teams and telephone conferencing have been implemented to hear all matters that do not require the physical presence of attorneys and litigants. Court appearance notifications and meeting invitations are used to inform litigants of their appearance schedules.

Is Raiser LLC The Actual Defendant In Car Accidents Involving Uber Or Lyft?

Published on: July 6, 2021 | By Dietrich Law Firm P.C.

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Car accidents involving Uber and Lyft drivers happen more often than you would think, and there are some important details that you should know. Given the complicated organizational structures of some ride-hailing services, it may be challenging to determine what parties to name in the lawsuit.

What is Raiser LLC?

Uber drivers are frequently misguided about what company hired them, whom they drive for, and who pays them. Due to numerous legal issues, such as class action lawsuits, Uber formed a separate company called Raiser LLC to handle its drivers. Raiser is a wholly-owned subsidiary of Uber and a key component of Uber’s corporate structure. Uber drivers are technically independent contractors for Raiser. As such, Raiser manages all of the official payments to Uber drivers. Having a subsidiary deal with all driver-related matters was designed to shield Uber from direct litigation. If you, or a loved one, were critically injured in an accident caused by an Uber driver, this organizational structure could play an essential role in your claim. When accident victims want to pursue litigation against Uber, they should always name Raiser as a party to the lawsuit.

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:

The Most Common Violations Of Vehicle And Traffic Laws

Published on: June 22, 2021 | By Dietrich Law Firm P.C.

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At a minimum, all drivers are expected to obey New York State’s Vehicle and Traffic Laws and exercise reasonable care to avoid any accidents. While getting a ticket can be frustrating, traffic violations can lead to severe accidents and resulting injuries. When drivers violate the law and collisions result, they can be found negligent per se. Although there is no foolproof way to avoid every accident, driving cautiously and obeying traffic regulations is the best way to keep you and others safe.

Avoiding Five Highly Prevalent Traffic Violations

Speeding: Traveling over the speed limit is the most common traffic violation. Speed limits exist to prevent accidents and save lives. According to the National Highway Traffic Safety Administration (NHTSA), there were nearly 9,400 victims who suffered speeding-related fatalities in a single recent year. It is important to remember that speed limits are the maximum rate you can travel by law. It is also imperative not to drive too fast for the given road conditions.

Impact Of A Personal Injury Settlement On SSDI And SSI Benefits

Published on: June 9, 2021 | By Dietrich Law Firm P.C.

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Personal injury lawsuits allow victims to seek vital monetary compensation for economic damages, such as hospital bills, lost income, and property damage, as well as non-economic damages, such as diminished quality of life, pain and suffering, and loss of consortium. Depending on the severity of the victim’s injuries, these types of cases can result in substantial settlement amounts. However, accident victims are often concerned about whether obtaining settlements will impact their disability benefits.

Will a Personal Injury Settlement Trigger the Loss of SSDI Benefits?

Fortunately, Social Security Disability Insurance benefits are usually not affected by personal injury settlements. These benefits are determined based on the claimant’s employment history. Those that have qualifying disabilities can become eligible for SSDI benefits by accruing enough work credits. An individual earns work credits throughout the course of their employment. A personal injury settlement cannot alter said credits. Therefore, personal injury compensation should not have any direct consequences on your SSDI benefits.