Ohio law allows Findlay residents to claim compensation for the injuries suffered in an accident caused by the negligence of another. Whether it was a car crash on I-75, a dog attack at Riverside Park, or a slip and fall at one of Flag City USA’s dozen art galleries, you may be eligible to recover compensation to cover your medical care, missed work, pain and suffering, and more. Call a Findlay personal injury lawyer at Gallon, Takacs, Boissoneault & Schaffer Co., L.P.A. to get started: 419-843-6663.
Your safety and health is paramount immediately after an accident. Ensuring you get the medical care you need for your injuries is the top concern. However, when possible, there are other things that you should do to improve your chances of being able to file a successful claim for compensation later. This includes:
Seeing a doctor as soon as possible after an accident means your injuries you will be able to properly document your injuries and tie them to your accident. Your injuries will play a key role in personal injury cases, so it is important to take pictures of your injuries in addition to seeing your doctor or visiting an emergency department.
When you have been injured through the negligence of another party, you will either file a claim or lawsuit against the negligent party. In order to recover damages, you must prove four things:
For example, say you slipped and fell in a puddle of water at a restaurant. Because the owners and managers of a restaurant have a duty to keep floors clean and dry in order to prevent customers from falling, if you can prove that an employee had knowledge of the spill, you may be eligible to file a claim for compensation.
Proving negligence and liability is key in this process, so collecting as much information about the scene of the accident and talking to as many witnesses as possible often makes a huge difference. This also makes it easier to show that you did not contribute to causing the accident.
Whether or not you played a role in your injuries comes into question in many personal injury cases, because of Ohio’s “modified comparative negligence rule.” This rule reduces the compensation you can receive based on how much your actions contributed to your injuries, up to 50 percent. For example, if you did not see the puddle of water because you were texting, you may be partially at fault for your injuries.
For help proving the other party was totally at-fault, call a personal injury attorney at Gallon, Takacs, Boissoneault & Schaffer Co., L.P.A.
Lastly, you need to prove all of your expenses and other financial losses to show the economic impact of this injury. This evidence may include:
Including all related expenses in this total is important because the insurance company and/or court calculates damages based on this total.
Ohio law limits your time to file a lawsuit to collect damages in most personal injury cases to two years. Filing an insurance claim within this type period is your best bet, because the opportunity to take the insurer to court provides leverage in settlement negotiations.
The state also limits the amount of compensation you can recover in a personal injury case. Ohio law does not limit the amount of economic damages (e.g., medical bills, lost wages, etc.) you can recover, but it does limit the amount of compensation you can recover for noneconomic damages.
You will only be able to recover $250,000, or three times the amount of economic damages, for pain and suffering, mental anguish, etc. It is important to note, however, that this cap only applies to non-catastrophic injuries. For severe, life-changing injuries, there is no cap on these damages.
Personal injury cases can be complicated, especially when you are recovering from serious injuries. An attorney can not only help you get the maximum pay out for your injuries, but also manage the entire settlement negotiation process and file a lawsuit if necessary.
By letting an attorney from Gallon, Takacs, Boissoneault & Schaffer Co., L.P.A. take the lead in filing your claim, the stress and anxiety you experience decreases exponentially. Throughout the process, your attorney will spearhead collecting and presenting valid evidence of negligence, as well as proving your injuries and expenses.
In addition, an attorney is better equipped to take on the attorneys from the insurance company and ensure you get the compensation you deserve and need from settlement negotiations. If a fair settlement is not possible, your attorney can file a lawsuit to force further settlement offers or take the case before a judge.
If you suffered injuries in an accident caused by someone else’s negligence, the Findlay personal injury attorneys at Gallon, Takacs, Boissoneault & Schaffer Co., L.P.A. can help you protect your rights to fair compensation to cover your financial losses. Contact us today at 419-843-6663 to schedule a free initial consultation, and learn more about how we can help you recover damages for your injuries.