Toledo, Ohio, has been an industrial center since its founding in 1833. Accidents and mishaps can leave residents injured and powerless today despite its historical prominence. That’s where the Gallon, Takacs & Boissoneault law firm comes in. Our proven track record of success includes decades of experience representing clients who have suffered personal injury or wrongful death. From car accidents to workplace injuries, the team at Gallon, Takacs & Boissoneault knows personal injury law inside and out and will tirelessly work to ensure their clients receive the justice they deserve. If you or a loved one has been injured, contact Gallon, Takacs & Boissoneault today at 419-843-6663 for a free consultation.
Negligence: A Crucial Concept in Personal Injury Cases
As personal injury lawyers, we frequently encounter the concept of “negligence” under Ohio and Michigan law. Negligence plays a crucial role in many of our cases, as it signifies the unreasonably dangerous actions of the responsible party that resulted in our client’s injury. To secure fair compensation for our clients, we delve into the specifics of the incident, presenting compelling evidence that the other party acted in a hazardous manner. This process can be challenging, but it is necessary to uphold safety standards and hold accountable those who cause harm to others. Understanding negligence is key in the personal injury field.
Understanding Personal Injury Cases
Personal injury cases are common in our society and can arise for several reasons. Some of the most common reasons include auto accidents, product liability, medical malpractice, and premises liability. In order to understand personal injury cases, one needs to have a basic understanding of the concept of negligence.
Types of Negligence in Personal Injury Cases
There are several types of negligence, but in a personal injury case, the focus is mostly on the concept of “ordinary negligence.” It refers to conduct that falls short of what a reasonable person would do under similar circumstances. In other words, if someone’s actions are not reasonable under the given circumstances and cause harm to others, it can be considered negligence.
Proving Negligence in Personal Injury Cases
In personal injury cases, establishing negligence is crucial in determining liability. The plaintiff must show that the defendant had a duty of care, which they breached, and that breach caused the injury. For example, if a driver was texting while driving and caused an accident that injured another person, the driver breached their duty of care and caused harm to the victim. The injured victim can file a personal injury case against the driver for negligence.
Determining Damages in Personal Injury Cases
Once negligence is established, the next step is to determine the damages. Damages refer to the monetary compensation the victim is entitled to for the harm caused by the defendant’s negligence. The damages include medical bills, lost wages, and pain and suffering. In some cases, punitive damages may also be awarded to the victim as punishment for the defendant’s willful conduct.
What should I do after an accident?
Accidents can happen when we least expect them, often leaving us confused and overwhelmed. In moments like these, it’s important to remember that your actions immediately following an accident can significantly impact your physical and financial recovery. The first priority should be your health, so seek medical attention and make sure that any injuries are treated promptly. After that, report the incident to the relevant authorities and insurers, preserve evidence supporting your case, and seek legal assistance if necessary. By doing so, you can ensure that you receive the support and guidance you need to recover physically and financially and move on with your life after the accident.
Step One: Call 911/Seek Medical Assistance
Your health should always be your topmost priority. Even if you or someone else involved in the accident appears to have sustained minor injuries, you should still call for medical assistance immediately. Adrenaline can mask severe symptoms that may have potentially life-threatening consequences if left untreated.
If you did not receive medical attention at the scene, seeking medical care as soon as possible is imperative. Neglecting to receive medical treatment can result in insurers arguing that your injuries are not related to the accident.
Step Two: Report the Injury
Reporting your injury to the right person or entity is crucial in ensuring you can seek compensation for your losses. Depending on the type of injury you have sustained, you may need to file a report with a car insurance company, local animal control department, medical product manufacturer, a medical professional licensing board, or a nursing home regulatory agency.
After reporting your injury to the proper insurer, an insurance adjuster may call you to discuss the accident. It is important only to provide them with basic information and not to provide a recorded statement until you have spoken with a Toledo personal injury attorney.
Step Three: Gather Evidence
Collecting evidence will help support your claim and prove the at-fault party’s negligence. You should take photographs of the accident scene, including damage to vehicles, visible injuries, road and weather conditions, and property damage.
You should also gather contact information from eyewitnesses and other parties involved in the accident. Eyewitnesses may help corroborate your account of the event, while contact information from others involved in the accident will be crucial in facilitating communication with their insurance companies.
Step Four: Contact an Experienced Personal Injury Attorney
Consulting with an experienced local personal injury lawyer can significantly improve your chances of maximizing recovery and obtaining fair compensation for your losses. Your attorney will help you navigate complexities in the legal and insurance systems, help you understand your rights, and ensure you receive the resources necessary to make a full recovery.
Step Five: Keep Accurate Records
Record keeping is essential in documenting your injury and proving your damages. Keep a contemporaneous record of all medical bills, treatment expenses, lost earnings, and other costs related to the accident. These records will help your personal injury lawyer build your case and will be essential when negotiating with insurance adjusters for a fair settlement.
What should I do following the accident?
Being involved in an accident not only inflicts physical and emotional trauma but also brings about a series of challenging decisions and long-term consequences. Taking every necessary step toward protecting your interests and achieving a complete recovery becomes crucial. Whether you gather vital evidence, document medical treatments, or negotiate with insurance companies, the process can quickly become overwhelming and confusing. This is why consulting with an experienced Toledo Personal Injury Attorney can make all the difference in obtaining the compensation you deserve and progressing with your life. With a dedicated legal team supporting you, you can trust that they will handle your case with care and expertise while you focus on your physical and mental well-being.
Step One: Continue Medical Treatment/Follow Medical Advice
In the weeks and months after the accident, be sure to follow the doctor’s orders closely. There are three major reasons for this piece of advice:
First, and most obviously, it will help healing and recovery.
Second, documenting medical appointments and interventions will be necessary when it comes time to negotiate a settlement or file a civil complaint, as a figure representing total medical expenses will be required.
Lastly, and most important to your claim, failure to follow the doctor’s orders could cause an insurance company or jury to question the sincerity of the injuries, leading to a reduction in compensation.
Also, consider keeping a pain journal to note how the injury affects your daily life. For example, if you and your daughter played soccer together every week, but your injury kept you from playing, note that.
Step Two: Continue Gathering Evidence
When navigating a personal injury claim, it’s crucial to gather evidence to support your case continually. Don’t solely rely on your memory – ensure you have copies of all relevant documents, such as doctor’s notes and medical records. If possible, take pictures of the accident scene and your injury, and obtain contact information for any witnesses. Each piece of evidence can strengthen your case, helping you build a compelling argument for your insurer or attorney. So, keep your evidence organized and stay proactive in gathering new information as it becomes available. Your diligence could lead to a successful claim and fair compensation for your injuries.
Step Three: Stay Off Social Media
In today’s world, disconnecting from social media is challenging. However, when handling an accident, staying off social media is crucial. Sharing details about the accident not only compromises your claim but also harms your personal well-being. Getting caught up in the likes, comments, and shares accompanying posting about a traumatic event is easy. But the reality is that those things won’t bring justice or relief. Prioritizing self-care and allowing the legal process to proceed without interference is important. So, step back from social media and focus on what truly matters – your health and well-being.
How can a Toledo Personal Injury Attorney help me?
Sustaining a personal injury can be a traumatic experience that leaves the victim feeling overwhelmed and unsure of their next steps. A Toledo Personal Injury Attorney can assist in moments like these. Although winning the trial or filing a claim may seem straightforward, there are often legal complexities that an experienced lawyer can address. An attorney can help clients review settlement offers from insurance companies to ensure fairness and inclusion of accident-related expenses. Additionally, the lawyer can uphold the victim’s rights, assist in novel legal negotiations, and play a pivotal role in case preparation and arguments before the Toledo Municipal Court. An attorney acts as a critical advocate in protecting a victim’s legal interests.
Contact Gallon, Takacs & Boissoneault
When you or someone you love suffers an injury due to someone else’s negligence, the aftermath can be overwhelming both emotionally and financially. At Gallon, Takacs & Boissoneault, the team of personal injury lawyers understands the gravity of such a situation and is dedicated to helping Northwest Ohio and Southeast Michigan residents navigate the process. With over 65 years of experience and a proven track record of success, our local personal injury lawyers strive to get their clients the compensation they need to move forward. Whether you were in a car accident, slip and fall, or any other type of personal injury, reach out to Gallon, Takacs & Boissoneault today by calling 419-843-6663 or filling out our online contact form.
