Auto/Motor Vehicle Accidents Questions
Wrongful Death Questions
Insurance Questions
Malpractice Questions
Product Liability Questions
General Liability Questions
Motor Vehicle Accidents
What can I recover if injured in an auto accident?
Your recovery depends upon the laws of the state where you were
injured. In Ohio, an individual who is injured in a car accident is entitled to
recover for his or her medical bills, lost wages, permanent injuries, and for
pain and suffering. The amount recoverable for pain and suffering depends in
large part on the type of injury sustained.
Should I take photographs?
Yes. It is always a good idea to take photographs of important facts
relating to your claim, such as the property damage to your vehicle and any
cuts, bruises, or scrapes you have sustained. You are pursuing the injury claim
against the wrongdoer, and, therefore, the burden is on you to prove that you
were injured.
Should I allow the other driver's insurance company to take my
recorded statement?
No!!! The opposing insurance company has only one interest -- to
reduce the amount of money they ultimately will have to pay on this claim. Your
recorded statement can be used against you when attempting to settle the claim.
You should have legal representation before you give ANY statements.
Should I sign any papers for the other driver's insurance company?
NO!!! It is important that papers be signed only when there is a full
understanding of their content and how they may later be used. Giving the other
driver's insurance company a medical authorization allows that company to obtain
any of your medical records (even those not related to the accident) and speak
with your doctors. This is never a good idea.
Is there anything I can do to assist in proving my damages right from
the start?
Yes. Take at least a dozen or more photographs of your property damage, and a
like number of any cuts, scrapes, or bruises you may have suffered in an
accident. If the accident caused property damage to a pole, building or other
structure take photographs of that damage. If you are able, take photographs of
the other cars involved and any slid marks left on the road.
The accident was not my fault, why should my health insurer pay the
bills?
If you have health insurance, you should use this to pay your medical
bills. In most circumstances, it will take some time to settle your injury claim
against the responsible party. In the meantime, unless you use your health
insurance or your own funds, the bills will not be paid and your credit may be
damaged. Once your injury claim is resolved, your health insurer will be
reimbursed, if required.
Wrongful Death
Who is entitled to make a recovery in a wrongful death claim?
The surviving spouse of the decedent (person who died), the children,
and the parents of the decedent are all rebuttably presumed to have suffered
damages by reason of the wrongful death.
How do I pursue a wrongful death claim?
An estate must be opened for the decedent in the probate court of the
county where the decedent resided. Unless directed by the a will, the relatives
who are entitled to make a recovery must decide who will act as administrator of
the estate, and the probate court may then appoint that person as
administrator. Any action for wrongful death shall be brought in the name of
the administrator, for the benefit of the statutory survivors.
What damages may be recovered in a wrongful death claim?
- the reasonable funeral and burial expenses
- loss of support from decedent’s reasonably expected earning capacity
- loss of services of decedent
- loss of society of decedent (companionship, care, assistance,
protection, advice, guidance, education, etc.)
- loss of prospective inheritance
- mental anguish
Who has the ability to settle a wrongful death claim?
The administrator of the estate of the decedent is the only person who has the
authority to settle the wrongful death claim. In addition, the probate court
that appointed the administrator must consent to the settlement.
Insurance
How much auto insurance must I have?
In Ohio, the state “minimum limits for liability insurance are
$12,500/25,000 and there is no requirement that uninsured motorist coverage be
offered or purchased. In our opinion, the state law is woefully inadequate. It
does not take much to cause an injury that far surpasses the state minimum
limits. Also, even though our state requires insurance, many drive without it
making uninsured motorist coverage extremely important.
Feel free to call us to discuss this very
important matter.
What is uninsured motorist coverage?
This automobile insurance coverage is your protection from those
who drive without insurance. If an uninsured driver injures you, your uninsured
motorist coverage will compensate you as if the other driver did have
insurance. There are rules and policy provisions to follow and it is strongly
recommended that you are represented by counsel when making a claim for
uninsured motorist coverage.
I have health insurance but the other guy is as fault so why
should my insurance pay my bills?
The fastest way to have your accident related medical expenses paid is by
submitting them to your health insurance carrier. The carrier typically has an
obligation to pay the bills. Your insurer will typically then seek
reimbursement when your injury claim is resolved. This is called subrogation.
Malpractice
My surgery did not turn our very well, do I have a case against the
doctor?
Without more information, it is impossible to answer your question.
Malpractice litigation requires proof that your injuries result from a doctor
departing from "accepted standards of medical care and treatment." Sometimes, a
physician does everything right and the surgical result is still not good.
Other times, a poor result is due to the physician's negligence. We are
experienced in researching and evaluating medical malpractice cases.
Give us a call and we can schedule a time to
meet to discuss your potential case.
If I sue my doctor, will he still treat me?
It is unfair to ask your doctor to continue to treat you if you are
suing him or her.
What can I do to help with my malpractice case?
Be a good historian! Try to carefully and precisely remember all that
you can about your medical care and treatment. Jot down the names, addresses
and telephone numbers of witnesses. Make a list of all the doctors, hospitals,
therapists and other medical providers you have seen in the past five years and
give that information to your attorneys. Also, seek necessary follow-up medical
care and follow your (new) doctor's orders.
Can I expect to be compensated quickly?
No. Medical and professional malpractice cases tend to be fought "long
and hard". No professional likes to be sued and the tendency is to defend the
case in every way possible. One needs to expect a long time (years) to pass
from the actual malpractice to the date of compensation.
My attorney missed the statute of limitations, now how do I get
compensated?
This is a legal malpractice case. Your prior attorney is responsible
to you for what you would have received had the statute of limitations not been
missed.
What constitutes nursing home neglect?
Under state and federal nursing home regulations, neglect is the
failure to care for a person in a manner that avoids harm and unnecessary pain
or the failure to respond to a situation that may be harmful. Neglect may result
from intentional or unintentional conduct.
Are all injuries in nursing homes the result of neglect or abuse?
No, many are not. To succeed with a claim it must be demonstrated that
the injury was preventable and that the facility failed to do what it could to
prevent the injury. Unfortunately many falls are simply not preventable.
What is a serious injury?
This is difficult to determine and will depend on individual
circumstances. While we are most likely to undertake claims that involve broken
bones, longstanding pain, death, significant disability, surgery, or substantial
medical expense, we will give every call our careful consideration.
My parent has passed away. Can I still pursue a claim that arose
before her death?
Yes. A claim can be brought through your parent’s estate. In the event
that the death resulted from the negligence of a nursing your family may be able
to assert a wrongful death claim as well.
Product Liability
Who can be held liable for an injury caused by a product?
Manufacturers and suppliers of the product can be held liable. A
manufacturer is a person engaged in a business to design, produce, create,
construct or assemble a product. A supplier is a person that, in the course of
business conducted for that purpose, sells, distributes, prepares, packages,
labels, or otherwise participates in placing the product in the stream of
commerce
I have been injured by a product. Do I have a product liability
claim?
Not necessarily. Manufacturers are only liable for defects in their
products. The mere fact that an accident and/or injury occurred is not enough
to establish that the product was defective. Manufacturers are not insurers of
their products, so they have no obligation to make accident-proof products.
When is a manufacturer liable for a product that has injured me?
In order for a manufacturer to be held liable, you must prove that the
product was either:
- defective in manufacture or construction
- defective in design or formulation
- defective due to inadequate warning or construction
- defective because of non-conformity with a specific representation
How do I prove that the product that injured me was defective?
A defect in a product is usually proved through expert testimony in a product
liability case. An expert is a person who is qualified to testify on the safety
of a particular product.
General Liability
What is a general liability claim?
These claims are injury claims that do not neatly fit into another category.
Any time a person is injured due to the negligent actions of another, a
liability claim can be presented for the damages caused by that negligence.
Depending upon the type of claim, there may or may not be insurance coverage.
I fell at my neighbor's home; can I sue?
Maybe. Maybe not. Many factors must be considered? How did the fall occur?
Was there a defect at your neighbor's home that caused the fall? Was your
neighbor aware of the problem? Were you aware of the problem?
What should I do if I get hurt?
First, get necessary medical attention. Once you are able, and as soon
as you are able, document what caused you to be injured. Take photographs if
appropriate. Make simple notes including witnesses names, addresses and
telephone numbers.
Contact us as soon as you can so we can gather and preserve
evidence.