Legal Terms for Personal Injury Cases in Buffalo, New York: Letters L - O

Also known as Bodily Injury Liability Insurance (BI).

Liability insurance protects the insured against claims involving bodily injury. Liability insurance can cover:

1. Automobiles;
2. Homes;
3. Rental apartments;
4. Rental vehicles;
5. Motorcycles;
6. Snowmobiles; and
7. Businesses.

Liability insurance policies include limits, or the maximum amount of money from an insurance policy that will be paid out for personal injury damages.

Example: Our client was involved in a motor vehicle accident. The other driver had automobile liability insurance which had policy limits of $100,000 per person, per accident. After the insurance company investigated the accident and our attorneys aggressively negotiated, the insurance adjuster offered a settlement of $80,000.

In a personal injury case, one of the first steps that our team will take is to investigate the amount of insurance coverage applicable to your case. We will advise you of these limits as soon as possible.

A lien is a loan against a future settlement of the case. Typically, liens can be for:

1. Medical providers;
2. Insurance companies; or
3. Third parties.

Example: Our client was in a slip and fall accident. She was a Medicare beneficiary and Medicare paid for her medical bills for the injuries she sustained as a result of her fall. Medicare placed a lien on our client’s settlement to ensure that the money they paid for medical costs associated with her fall were reimbursed. Our attorneys negotiated a favorable settlement and then negotiated a reduced lien amount.

Jed Dietrich, Esq. and his team of lawyers and paralegals at the Dietrich Law Firm P.C. will fight to have these costs paid by the defendants and then we will negotiate with the lien carrier to attempt to reduce these costs, to maximize your personal injury settlement.

Mediation is a form of alternative dispute resolution. It is meant to resolve a dispute without a trial.

A mediator does not make a decision. The mediator is there to aid in communication so that the two parties can come to an agreeable solution.

Example: Our attorneys and the defense attorneys could not agree on a settlement amount for a motor vehicle accident. After exhausting all other options, we hosted a mediation to settle the dispute. The mediator helped us focus on the issues that we did not agree on. The mediation resulted in an agreement for a successful payment between the defendant and the plaintiff.

In the event that your case goes to mediation, Jed Dietrich, Esq. and his team of top rated lawyers and paralegals will prepare you for the best possible result.

Negligence is defined as a failure to show reasonable care under the circumstances.

Example: Our client was involved in a car accident. The other driver failed to obey the New York State Vehicle and Traffic Law by running a red light. The defendant in this case was negligent because he had a duty to follow all of the New York State Vehicle and Traffic Laws as a motorist on the road.

New York State is a No-Fault State. No-Fault insurance protects against claims involving bodily injury from a motor vehicle accident. Regardless of who is at fault for the accident, the No-Fault insurance carrier for the vehicle you were in at the time of the accident pays for reasonable medical costs and a percentage of lost wages.

No-Fault insurance policies include limits, or the maximum amount of money that an insurance company will pay under the circumstances.

Example: Our client was involved in an accident as a result of another driver’s negligence. The defendant rear-ended our client’s vehicle. Our client’s medical bills and lost wages were paid through her personal No-Fault Insurance policy even though she was not at fault for the accident.

A non-delegable duty is an obligation that cannot be transferred to someone through the terms of a contract. Typically, the transfer of liability cannot be made when it concerns the safety of others.

Example: Our client slipped on ice outside of a department store. Even though the owner of the department store property hired an independent snow plow company to clear ice and snow, the property owner is still responsible for our client's injuries.

The Note of Issue (NOI) is a notice to the court that the discovery process in a case is completed and the case is now ready to proceed to trial. It explains to the court the nature of the proceeding such as the type of case which can be as follows:

1. Motor vehicle negligence;
2. Medical malpractice; or
3. Other Tort.

Example: Our client was in a truck accident. After our client was done treating and the discovery process was complete, our experienced lawyers submitted the Note of Issue to the Court. The Note of Issue outlined that we were requesting a trial by jury because of a motor vehicle negligence claim. It also certified that all pleadings were served and there were no outstanding discovery requests. Following the filing of the Note of Issue, a trial date was set and a notice was mailed to our office.

A Notice of Claim is a legal document that is sworn under the penalty of perjury that identifies where a harm occurred, how a harm occurred and when a harm occurred. A Notice of Claim is required to be submitted within 90 days after an accident by the City of Buffalo, the County of Erie and other municipalities. This document contains information concerning:

1. The date and place of the accident;
2. The cause of the accident;
3. The injuries sustained; and
4. Other information necessary to prove that the plaintiff has an action against the entity.

Example: Our client was injured in a Niagara Frontier Transit Authority (NFTA) metro bus accident. After the client retainedJed Dietrich, Esq. and his team of top rated lawyers at the Dietrich Law Firm P.C., a written notice of claim was filed with the NFTA regarding our client’s injuries within 90 days of the date of the accident.

A Notice to Produce is a legal document that requests things. It is sent to one party to an action requiring the other party to send documents during discovery. Typically, these notices are for documents pertaining to:

1. Financial records;
2. Social Security information;
3. Medicare and Medicaid information; and
4. Medical treatment.

Example: The attorney for the defendant sent a Notice to Produce requesting that the plaintiff send copies of their income tax records. We sent defense an authorization permitting them to obtain the records that they requested.

For more Legal Terms for Personal Injury Cases in Buffalo, New York, click here.

Call the Dietrich Law Firm P.C. immediately at 716-839-3939 so that our aggressive, tenacious and hardworking personal injury lawyers can fight to obtain the best result for your personal injury claim in Buffalo, New York. We are available 24 hours a day, 7 days a week and there is never a fee until we WIN for you!