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Ohio Personal Injury Attorneys

Personal injury cases are legal disputes that arise when one person gets injured because of some action or lack of action by another person. When you get hurt and the fault lies, at least in part, with another person, you are entitled to recover money from them to cover your costs and expenses. Most of the time an injury occurs by accident, but intentional acts such as a bar fight are considered personal injury as well. When you get hurt and the other person was not trying to injure you, the lawsuit is usually based on negligence. This is known as a civil lawsuit (as opposed to a criminal one).

What Is Negligence?

Negligence has many different definitions, but they all mean basically the same thing. It is the principle that all of us have a duty to act reasonably and with a level of care that a person of ordinary caution would exercise under the same or similar situation. Four basic factors need to be established in proving your negligence claim against another person. They are duty, breach, causation and damages.

Duty – First, to prove negligence, you have to show that the other person had a duty of care toward you. A duty of care means an obligation to act with a certain degree of reasonable caution.

Breach – After proving that the other party was required to act with reasonable care, you and your lawyer then need to prove that they failed to meet that duty. A common example of this is the duty to drive a car with reasonable care (alert, no distracted driving or texting while driving, etc.)

Causation – The next prong of negligence is proving that your injury was the result of the action (or lack of action), by the other party. There are several definitions of causation. The one we use for negligence cases is known as proximate cause or proximate causation. Proximate cause may not be the first event that set in motion a series of events that led to your injury, and it may not be the very last event before the injury occurs. It is an action that produced foreseeable events without intervention and that resulted in your injury.

Damages – The last element of a negligence claim is damages. People breach their duty of care all the time. However, if you don’t actually incur any costs, expenses or injury from their action, then there is nothing to recover in your lawsuit. Common types of damages we see are physical injuries, damaged property, lost wages, and in some cases punitive damages. Unlike damages designed to pay for your injury (e.g., doctor’s bills or hospital bills, which are compensatory damages), punitive damages are designed to punish the party at fault. These are only typically recoverable for intentional, reckless or egregious actions.

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Common Personal Injury Cases

  • Intersection and rear-end collisions
  • Highway and freeway accidents
  • Accidents resulting from a failure to obey traffic signs or signals
  • Multiple-vehicle accidents or “pileups”
  • Truck accidents
  • Victims of drunk drivers
  • Individuals hurt by distracted drivers, including drivers who were talking on their cellphone or texting while driving
  • Those injured by drowsy drivers
  • Victims of aggressive drivers, including drivers who did not obey the speed limit
  • Injured passengers
  • Hit-and-run accidents or hit-and-skip accidents
  • Dangerous roadways as a contributing factor
  • Victims of careless drivers or distracted drivers
  • Fatal accidents
  •  Herniated or bulging discs
  • Broken bones or fractures
  • Traumatic brain injuries
  • Spinal cord injuries
  • Severe burns
  • Paralysis
  • Amputations

Have a case? Call us! 330-529-7070

Types Of Personal Injury Cases We Handle

  • Car accident
  • Boat accident
  • Motorcycle accident
  • Trucking accident
  • Slip-and-fall
  • Dog bites
  • Assault and battery
  • Defamation – libel and slander
  • Wrongful death
  • Traumatic brain injury
  • Construction accident

Frequently Asked Questions

How much is my personal injury case worth?

It all depends on the specific facts of the case. Many times it is unclear how severe the injury is and what treatment will be needed until weeks or months after the accident happened. The value of your claim includes all reasonable medical expenses now and in the future. You add in things like lost wages, loss of consortium, and employment changes due to work restrictions. Pain and suffering is typically calculated as some multiplier of these damages. Depending on the facts of your case this can vary between 100%-500% of the amount of your economic damages. Keep in mind that a large award at trial will not mean a big payday unless the other party can pay. Low insurance limits or a lack of insurance always needs to be considered.

How much does it cost to hire a personal injury attorney?

We work on a contingency fee basis for all personal injury cases. This means there is no cost to you unless we win your case!

What are the types of personal injury claims?

Injuries caused by a negligent person, business, or government entity may give rise to a personal injury claim. Attorneys who handle PI claims often help clients with injuries such as:

  • Wrongful death
  • Auto accidents
  • Burn injuries
  • Motorcycle accidents
  • Back and neck injuries
  • Brain injuries
  • Birth injuries
  • Truck accidents
  • Medical malpractice
  • Slip-and-falls

What types of “damages” can I recover?

Personal injury claim damages can be economic or non-economic and depend on the severity of the injuries and the current and projected losses. Common damages include:

  • Medical bills
  • Permanent impairment benefits
  • Lost wages
  • Future work limitations due to injury
  • Pain and suffering
  • Future medical care needed
  • Punitive damages
  • Loss of companionship – also known as loss of consortium

What happens if I’m partially at fault for the accident?

You can still recover from the other party as long as you are not more than 50% at fault. Any award you receive in a jury trial is reduced by the percentage of fault the jury finds you had. If you were 30% at fault, then an award of $1 million will be reduced by 30%. You would recover $700,000.

How can I maximize my personal injury claim?

In short, build a strong case and hire a good attorney. Insurance companies are there to make money. Unless you can make a good case that they will lose big at trial, it can be hard to obtain a fair settlement. Building a strong case comes down to good evidence, aggressive representation, and thoroughness.

How do I pay medical bills before I receive my settlement?

The insurance for the at-fault party will not pay bills until liability is established. You may be able to use your own Personal Injury Protection (PIP) coverage after a motor vehicle accident. Many physicians will treat you under an agreement that they will be paid from your eventual settlement. In some cases, you can use your personal health insurance, but your health insurance company will have a right to be reimbursed from any jury award or settlement you receive.

When is the right time to contact a personal injury lawyer?

The insurance for the at-fault party will not pay bills until liability is established. You may be able to use your own Personal Injury Protection (PIP) coverage after a motor vehicle accident. Many physicians will treat you under an agreement that they will be paid from your eventual settlement. In some cases, you can use your personal health insurance, but your health insurance company will have a right to be reimbursed from any jury award or settlement you receive.

What should I do if an attorney or adjuster from the other person’s insurance company calls me?

Do not speak with them! They are calling you to get you to say something that will hurt your case, or persuade you to take less than the fair value of your claim. Get an attorney on board and refer any calls to your lawyer.

I’m not sure whether I have a case or not! What should I do?

Come in for a free consultation. You need a professional to look at your situation in order to determine is you have a case. With no cost, you have nothing to lose.

I’m not the lawsuit type. We all make mistakes. What are my options?

Most personal injury claims can be resolved prior to filing a formal lawsuit. All you are seeking is to be paid the fair value of your claim. You should not have to carry the burden and pay costs for an injury that is the fault of someone else. An attorney can negotiate on your behalf and ensure that you are not taken advantage of.

What if I had a pre-existing condition?

You can still recover. The award you receive might be reduced to account for your condition. However, many times that is not the case. Ohio follows the “eggshell plaintiff” rule. That means that is that the at-fault party will have to pay all damages resulting from the injury, even if it was worse than it would have been because of a pre-existing condition.