- What is a personal injury claim?
- What is a wrongful death claim?
- How do I know if I need an attorney?
- What should I do if I am in a car accident?
- How much is my claim worth?
- How long will it take to resolve my claim?
- How long do I have to make a claim for my personal injuries?
- Can I recover anything if the driver who caused my accident doesn't have insurance?
- Will I be denied recovering any compensation if I partially caused my accident?
- How do I pay you for my personal injury or wrongful death lawsuit?
What is a personal injury claim?
A personal injury claim is the term given to the lawsuit you file if you have suffered property damage or bodily harm as the result of another person's negligent, reckless or intentional conduct. Although personal injury claims are commonly associated with lawsuits filed after a car, truck or motorcycle accident, they can also include pedestrian accidents, bicycle accidents, boating accidents, construction accidents, dog bites, nursing home abuse and neglect, farming injuries, slip and fall cases, defective products claims and medical malpractice.
In a personal injury lawsuit, the goal is to recover compensation that will help to make you and your family whole again. This may include seeking funds for your medical expenses, lost wages, rehabilitation and pain and suffering. In some cases, the at-fault person's conduct is so egregious that a court may also award punitive damages, which are aimed at punishing the wrongdoer and discouraging future misconduct.
At the Toledo personal injury law firm of Gallon, Takacs, Boissoneault & Schaffer, our attorneys have experience handling a wide variety of personal injury claims. In all cases, big or small, we work hard to protect our clients' rights and get their lives back on track. Our clients come first in everything we do.
For more than 50 years, we have assisted personal injury victims throughout Northwest Ohio and Southeast Michigan, including Toledo, Findlay, Lima, Sandusky, Oregon, Defiance, Fremont and surrounding communities.
Contact us today for a free, no-obligation consultation about your case and to learn more about how we can help you by calling us toll-free at (800) 352-1976 or using our online contact form.
What is a wrongful death claim?
One of the most painful experiences for a family occurs when a loved one dies as the result of another person's careless, negligent, reckless or intentional conduct. In recognition of this terrible loss and suffering, both Ohio and Michigan have created wrongful death statutes that provide financial compensation.
This action may be brought by the deceased victim's estate, which can include a spouse, children or parents. Compensation can be provided for your loss of support, services and companionship as well as for the mental anguish suffered as the result of the death.
In Ohio, the wrongful death claim must be filed within two years after the death. Michigan law requires the wrongful death lawsuit to be brought within three years following the death.
At the Toledo personal injury law firm of Gallon, Takacs, Boissoneault & Schaffer, our Toledo wrongful death claim attorneys bring skill, experience and compassion to these cases. We will work hard to make sure your family recovers the maximum amount that you are entitled to receive.
For more than 50 years, we have assisted the families of wrongful death victims throughout Northwest Ohio and Southeast Michigan, including Toledo, Findlay, Lima, Sandusky, Oregon, Defiance, Fremont and surrounding communities.
Contact us today for a free, no-obligation consultation about your case and to learn more about how we can help you by calling us toll-free at (800) 352-1976 or using our online contact form.
How do I know if I need an attorney?
Legal issues usually arise from any car, truck, motorcycle or workplace accident, especially if the accident results in severe injury or death. Even when the property damage or bodily injury from an accident at first seems minor, it may develop into a serious problem over time. Unfortunately, insurance companies will often contact you while you are still recovering from the shock of the accident and ask you to make a statement or sign papers.
Don't let the insurance companies take advantage of your situation. Instead, contact an attorney who will protect your interests and your right to compensation.
If you or a loved one has been in a vehicle or job-related accident, contact the skilled, experienced and dedicated Toledo accident and injury attorneys of Gallon, Takacs, Boissoneault & Schaffer. We will review your case, including any paperwork presented to you by an insurance company, and help you to understand your legal options.
For more than 50 years, we have represented accident and injury victims throughout Northwest Ohio and Southeast Michigan, including Toledo, Findlay, Lima, Sandusky, Oregon, Defiance, Fremont and surrounding communities.
Contact us today for a free, no-obligation consultation about your case by calling us toll-free at (800) 352-1976 or using our online contact form.
What should I do if I am in a car accident?
If you are involved in a motor vehicle collision, the law requires you to stop your car, truck or motorcycle and to remain at the scene until you have given your name, address and insurance information to either a police officer or the other driver.
There are many other important steps to take after a car accident that will protect your health and your right to compensation from the at-fault driver, including:
- Seek medical treatment. It's crucial that you seek immediate medical attention after an accident. Even if you think that you have only suffered minor cuts and bruises, you may have more serious internal organ or soft tissue injuries that aren't immediately apparent. If you or anyone else in your vehicle is too injured to call, ask someone to call 911 for you. Never attempt to move an injured person.
- Get the police report. Make sure you complete a report with the police while you are at the scene of the accident and your memory of what occurred is fresh. If police do not come to the scene of the accident, file a police report within 24 hours of the accident. Make sure you get the report number, which will help you to obtain the report once it is filed. The police report can help you later on if you forget facts about your case, and it can serve as a building block in your claim against a negligent or reckless driver.
- Talk to witnesses. Ask all witnesses to write down their names, addresses, telephone numbers and a description of what they saw and heard. It's important to do this at the scene of the accident because witnesses tend to leave quickly.
- Take photographs. If you have a cell-phone camera take pictures of the accident scene, including your car, the other driver's car, skid marks, tire marks, stop signs, stop lights, shrubbery and anything else that appears to be relevant. We also suggest taking photos of any bodily injuries you may have suffered. These photos could be crucial in court or at the negotiation table.
- Contact your insurance company. Some insurance policies require that you inform your insurance company or agent of an accident within 24 hours, even if you are not at fault.
- Don't speak to another insurance company. If you have been seriously injured, you should not talk to or sign anything given to you from any representative of the other driver's insurance company until you have sought the advice of your own attorney.
To assist in the confusing aftermath of a car accident, the personal injury attorneys of Gallon, Takacs, Boissoneault & Schaffer offer a free pamphlet with instructions about the steps to take after an accident. This helpful pamphlet is available upon request.
Our Toledo car accident attorneys know you will have many more questions than answers after an automobile crash. We are committed to solving problems and helping you to move on.
If you or a loved one has been in a car accident, contact the skilled, experienced and dedicated Toledo accident and injury attorneys of Gallon, Takacs, Boissoneault & Schaffer. We will review your case, including any paperwork presented to you by an insurance company, and help you to understand your legal options.
For more than 50 years, we have represented automobile accident and injury victims throughout Northwest Ohio and Southeast Michigan, including Toledo, Findlay, Lima, Sandusky, Oregon, Defiance, Fremont and surrounding communities.
Contact us today for a free, no-obligation consultation about your case by calling us toll-free at (800) 352-1976 or using our online contact form.
How much is my claim worth?
There is no uniform answer to the question of how much a person's accident and injury claim may be worth. The true value of a claim varies from case to case and can only be determined after a thorough investigation of all legal and medical issues.
Among the damages that can be sought in a personal injury lawsuit are:
- Medical expenses;
- Disability;
- Disfigurement;
- Rehabilitation;
- Lost past and future income;
- Pain and suffering;
- Punitive damages.
The skilled, experienced and dedicated Toledo personal injury attorneys of Gallon, Takacs, Boissoneault & Schaffer have a record of delivering successful results for our clients. We have secured tens of millions of dollars in favorable verdicts and settlements for accident and injury victims throughout Northwest Ohio and Southeast Michigan, including numerous recoveries in excess of $1 million. For more than 50 years, we have worked hard to make sure our clients get the maximum compensation they deserve and need to carry on with their lives.
We represent clients throughout Toledo, Findlay, Lima, Sandusky, Oregon, Defiance, Fremont and surrounding communities. We would be happy to review your case and determine its value.
If you or a loved one has been in a car, truck, motorcycle or workplace accident, contact our Toledo personal injury lawyers today for a free, no-obligation consultation about your case by calling us toll-free at (800) 352-1976 or using our online contact form.
How long will it take to resolve my claim?
The time it takes to resolve a personal injury case depends on the circumstances surrounding the case. The more complex the case, the longer it may take to resolve. What's important to note is that the Toledo personal injury attorneys of Gallon, Takacs, Boissoneault & Schaffer will work hard on your case from the moment our representation begins, and we will keep you informed at every stage throughout the process. We're only one phone call away.
To learn more about how we can help you with your personal injury case, call Gallon, Takacs, Boissoneault & Schaffer today toll-free at (800) 352-1976 or use our online contact form.
We represent clients throughout Toledo, Findlay, Lima, Sandusky, Oregon, Defiance, Fremont and surrounding communities. We would be happy to review your case and provide an estimate of how long it may take to be resolved.
How long do I have to make a claim for my personal injuries?
Every state has time limits on filing injury claims. This is known as the statute of limitations. If you do not file a lawsuit in court before that time frame expires, you may be forever barred from bringing a claim.
For instance, in the state of Ohio, most personal injury actions involving bodily injury have to be filed within two years after the cause of action "accrues," which means when you were injured or when you discovered your injury. In the state of Michigan, the statute of limitations is slightly longer. Any personal injury claim based on negligence of the other party must be filed within three years after the action accrues.
Other issues may arrive regarding discovery of the injury, product liability and contractual limitations on filing a lawsuit. These issues can be complex and require the assistance of a skilled and experience personal injury attorney.
At the Toledo personal injury law firm of Gallon, Takacs, Boissoneault & Schaffer, we can make sure that your claim is filed on time. Don't delay taking action.
For a free, no-obligation evaluation of your case, call us today at (800) 352-1976 or use our online contact form. We represent clients throughout Toledo, Findlay, Lima, Sandusky, Oregon, Defiance, Fremont and surrounding communities throughout Northwest Ohio and Southeast Michigan. We would be happy to review your case and determine how long you have to file your claim.
Can I recover anything if the driver who caused my accident doesn't have insurance?
Every time you get in your car to go to work, pick up your children or go to the store, the potential exists that you will be involved in a car accident. According to the Ohio Department of Public Safety, nearly 300 injuries and three deaths occur each day due to car crashes.
If you have been injured in an automobile accident that wasn't your fault, you will likely have more questions than answers. Who will pay for your car damage and your hospital bills? How will you pay for your home, food and other expenses when the injuries you've suffered prevent you from working? Should you talk to the insurance adjustor?
At the Toledo personal injury law firm of Gallon, Takacs, Boissoneault & Schaffer, our experienced and dedicated car accident attorneys understand the physical, emotional and financial difficulties you are facing. We will fight to secure the compensation you deserve for your pain and losses.
For more than 50 years, we have protected the rights of car accident victims and their families throughout Northwest Ohio and Southeast Michigan, including Toledo, Findlay, Lima, Sandusky, Oregon, Defiance, Fremont and surrounding communities.
To receive a free, no-obligation evaluation of your case and learn more about how we can help you, contact our Toledo car accident lawyers today by calling us toll-free at (800) 352-1976 or using our online contact form.
Our Experience Counts
The Ohio Department of Public Safety has listed the most common causes of Ohio car crashes. The causes include following too closely, failure to control, failure to yield, running a red light or stop sign, making improper lane changes and driving at unsafe speed.
In an automobile accident case, these causes can be related to other serious issues that may impact your personal injury or wrongful death claim. Our law firm's auto accident attorneys have decades of experience in handling cases involving:
- Distracted driving: Talking on a cell phone or texting while behind the wheel has become a major public safety issue in Ohio, Michigan and throughout the country. In fact, Ohio transportation statistics show that driver inattention played a role in 9,454 car crashes during the past year.
- Drunk driving: Despite public safety campaigns and increased law enforcement efforts, alcohol-impaired driving accidents, or DUI accidents, continue to occur, devastating the lives of victims and their families. In 2009 alone, there were 13,426 alcohol-related crashes in Ohio, resulting in 8,039 injuries and 390 deaths. Drivers under the influence of illegal drugs and prescription medications also contribute to car accidents, injuries and fatalities.
- Drowsy driving: Instead of getting off the road and resting when tired, countless drivers press on and put other motorists at risk of injury or death. Sleepy or fatigued drivers were involved in more than 2,600 Ohio car crashes in 2009.
- Teen drivers: Newly licensed, young drivers may not recognize the dangerous consequences of speeding, racing or engaging in other reckless behavior when behind the wheel, such as talking on a cell phone, texting or drinking. National Center for Health statistics indicate that motor vehicle crashes are the leading cause of death for teenage drivers.
- Rollovers: Although innovations such as electronic stability control have made cars safer, sport utility vehicles (SUVs) remain the car most frequently involved in rollover accidents, Ohio transportation statistics show.
- Uninsured and Underinsured motorists: All too often, people are struck by a negligent driver who either lacks adequate insurance or carries no insurance at all. Unfortunately, injured motorists frequently find themselves fighting with their own insurance company to recover under their UM / UIM policies.
Successful Results
The skilled and experienced Toledo car accident lawyers of Gallon, Takacs, Boissoneault & Schaffer have recovered millions of dollars in verdicts and settlements on behalf of drivers, passengers, pedestrians and children injured in Northwest Ohio and Southeast Michigan car crashes, including compensation for:
- Medical expenses;
- Disability;
- Disfigurement;
- Rehabilitation;
- Lost past and future income;
- Pain and suffering;
- Punitive damages.
Accident Cases We Have Handled
Although nothing can take away your pain and suffering after a car accident, we are dedicated to securing funds that will help you and your family to move forward. The victims and families we have assisted include:
- A minor child on a bicycle who suffered a brain injury when struck by a car when exiting a playground area;
- A mother and young daughter killed at a busy railroad crossing with no gates;
- A young wife and mother killed at railroad crossing with no lights or gates;
- A woman who suffered permanent injury after a drunk driver traveled left of the center line and crashed into her car;
- A woman left paralyzed by another driver who fell asleep and crossed the center lane;
- A teenage passenger paralyzed in a one-vehicle rollover accident.
Contact Our Toledo Car Accident Attorneys Today
For more than 50 years, the car accident attorneys at Gallon, Takacs, Boissoneault & Schaffer have protected the rights of car accident victims and their families across Northwest Ohio and Southeast Michigan, including Toledo, Findlay, Lima, Sandusky, Oregon, Defiance, Fremont and surrounding communities. We are committed to solving problems and helping people move on with their lives.
If you need legal assistance with your car accident case, contact us today for a free, no-obligation consultation by calling us toll-free at (800) 352-1976 or using our online contact form.
Will I be denied recovering any compensation if I partially caused my accident?
Both Ohio and Michigan have what's known as a comparative negligence or comparative fault scheme. This generally means that, in most cases, you will not be denied recovering compensation in a car accident case if you were partially at fault, but any damages you recover from another driver will be reduced by your own percentage of fault.
For instance, if your total damages in a car crash are $100,000, and you were determined to be 20 percent at fault for causing the accident, then your recovery would be reduced by 20 percent, or $20,000. You would recover $80,000 in damages.
Each state has its own unique twists. In Ohio, if you are more than 50 percent at fault for the car accident, then you are denied recovering anything in the accident. In Michigan, if you are more than 50 percent at fault, your economic damages are reduced, and your non-economic damages (such as pain and suffering) are barred.
Insurance companies will often argue that you were more than 50 percent at fault in your car crash and attempt to stop you from recovering. That's why you need a skilled, aggressive and passionate personal injury lawyer to stand up for you and protect your rights.
At the Toledo personal injury law firm of Gallon, Takacs, Boissoneault & Schaffer, we are committed to solving problems and helping people. For more than 50 years, we have assisted car accident victims and their families throughout Northwest Ohio and Southeast Michigan, including Toledo, Findlay, Lima, Sandusky, Oregon, Defiance, Fremont and surrounding communities. We don't back from insurance companies. We fight for our clients.
For a free, no-obligation evaluation of your accident case, call us today at (800) 352-1976 or use our online contact form.
How do I pay you for my personal injury or wrongful death lawsuit?
At the Toledo personal injury law firm of Gallon, Takacs, Boissoneault & Schaffer, we represent personal injury and wrongful death victims and their families on a contingency fee basis. This means that you do not pay for our legal services unless we are able to secure a successful verdict and settlement.
Since our law firm was founded more than 50 years ago, we have compiled an impressive track record of favorable results for our clients throughout Northwest Ohio and Southeast Michigan, obtaining tens of millions of dollars in compensation, including numerous awards in excess of $1 million. Every case is different. What stays the same is our commitment to protecting our clients' rights and helping them to carry on with their lives after a terrible accident.
For a free, no-obligation evaluation of your accident case, call us today at (800) 352-1976 or use our online contact form. We represent clients throughout Toledo, Findlay, Lima, Sandusky, Oregon, Defiance, Fremont and surrounding communities.
