The negligent acts of others can often result in horrible accidents that harm innocent people. Unfortunately, this happens every day. While the person who carried out the negligent act may need to hire a criminal defense attorney to deal with any charges stemming from the incident, what should you do as the non-contributing party if you want to recover compensation for your losses stemming from the incident?
Victims like you often struggle to get the compensation they deserve even though they did nothing wrong.
While people know that accidents are inevitable and purchase insurance to protect their financial interests in that eventuality, doing so does little to prepare someone for others’ negligent, reckless, careless, or otherwise wrongful acts. You and your family may be left wondering if the U.S. legal system can provide answers. That’s where our law firm’s Cincinnati office can help.
You can expect our law firm’s experienced Cincinnati personal injury lawyers to spell out how they will fight for you to get fair compensation for your injuries at your initial free consultation.
We’re here to reassure you that there are legal options you can pursue when someone else’s negligence or wrongdoings results in an injury. Filing a civil lawsuit against the responsible individual or group may be one option for securing the financial help necessary to advance your recovery process. Additionally, getting legal assistance may provide a struggling or grieving family with the resources and opportunities necessary to move forward.
If you or a loved one has been harmed because of negligence, get in touch with the trial lawyers at Thomas Law Offices. Ohio citizens deserve to have trustworthy legal representation that will stand up for their rights when they’ve suffered personal injuries and other losses. Our injury attorneys are ready to speak with you and go over your options.
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Ohio Personal Injury Claims Thomas Law Offices Handles
Our Cincinnati law firm has a long history of representing clients in a wide variety of personal injury cases that result in serious or catastrophic injuries. Here are just a few of the practice areas in which we represent injured clients here in Ohio:
Car Accidents
A motorist’s negligence can cause a car crash in a matter of seconds. Our personal injury lawyers help car accident victims seek justice after they’ve suffered injuries in motor vehicle accidents.
Truck Accidents
Truck drivers and trucking companies are supposed to not only drive responsibly, but must also ensure their vehicles are well-maintained. Parties who fail to act responsibly often become involved in devastating auto accidents like truck crashes.
Wrongful Death
In some personal injury cases, like a car accident, a person’s wounds can be fatal. If you’ve lost a loved one due to someone else’s negligence, you can hold the liable party responsible. Your personal injury attorney can assist you in filing a wrongful death claim.
Medical Malpractice
Trusting medical professionals to take care of us is almost second nature. However, when health care professionals make mistakes, they can sometimes cause irreparable harm. Our law firm will fight for you when medical negligence has occurred.
Motorcycle Accidents
When a motorcyclist is in an accident, they often sustain terrible injuries requiring a lengthy recovery as they lack protection. Our Cincinnati personal injury lawyers can help you receive fair compensation.
Nursing Home Abuse or Neglect
A senior’s health can rapidly decline when they’re a victim of nursing home abuse. We can give your nursing home resident family member a voice by levying a fight against responsible parties on your behalf.
Sexual Assault Crimes
Our lawyers advocate for sexual assault victims to hold abusers responsible for their actions. We’ll go over your rights and options, so you have a clear idea of how to move forward.
Premises Liability Incidents
Inadequate lighting, negligent security, and other unsafe property conditions may leave someone injured or dead. You can hold a property’s owner liable for negligence that left you hurt. Additionally, if you were injured due to negligent security measures on behalf of a business or venue, you may be able to seek legal aid.
Product Liability
Designers, manufacturers, and advertisers are supposed to take steps to ensure their products are safe for their intended use before making them available on the market. Holding one of these parties liable for their oversight is possible if you get hurt while using a product as directed.
When an incident completely upends your life, you shouldn’t be left with losses caused by a negligent party. Dealing with injuries, your recovery, and a personal injury matter can be a lot at once. Our lawyers can help you through the legal process so you’re able to work on getting better.
How Can a Personal Injury Attorney Help?
In the state of Ohio, a personal injury attorney can help you file a personal injury lawsuit necessary to receive a settlement. The financial security this compensation provides can make you worry less about the costs of your care or the work you’re missing and allow you to focus on improving so you can get back to your everyday life as quickly as possible.
You may be wondering what your compensation will be comprised of. Losses or damages in personal injury cases fall into the following categories:
Economic Damages
Your economic losses refer to the financial fallout of your accident. Personal injury lawyers utilize your medical bills and records to document your past or current care and future medical expenses. For example, your hospitalization may have lasted days or weeks following your accident. However, you may not have been fully healed when discharged. You may have medical bills associated with your continued need for physical therapy or counseling, have to attend doctor’s appointments, or take medication on an outpatient basis.
Other economic losses include lost wages associated with missed work. If your injuries were catastrophic and resulted in a permanent disability that makes it impossible for you to return to your job or the workforce, you could receive compensation for your diminished earning capacity or a future loss of earnings. You may also be eligible for Social Security Disability benefits in situations like this.
You can also recover compensation if your property was damaged, such as a car in a motor vehicle accident.
Noneconomic Damages
Non-monetary losses stemming from an accident, such as pain and suffering, are noneconomic damages. You may also have emotional distress or anguish if your injuries are preventing you from doing things you previously enjoyed or have permanent consequences, such as disfigurement, that you will have to adjust to post-accident.
If the accident caused your loved one’s wrongful death, your noneconomic damages could also include loss of companionship, care, assistance, protection, guidance, or consortium, and other intangible losses.
Punitive Damages
In some cases, punitive damages may be a possibility. These damages are often rewarded in a personal injury settlement to deter those responsible from acting negligently in the future.
According to Ohio Code 2315.21, plaintiffs must first be eligible to receive compensatory damages for their injuries. Their lawyers can present evidence justifying why they should be able to recover punitive damages in cases like these.
Personal injury claims are often complex since the wrongful or negligent acts need to be proven. Our personal injury attorneys will carefully investigate your case and gather evidence that associates accident injuries with the other party’s negligence.
What Is the Definition of Negligence Under Personal Injury Law?
One crucial aspect of most personal injury cases is someone’s failure to take legal responsibility for their actions. This concept is known as “negligence.”
What Does “Duty of Care” Refer To?
In the personal injury law services sector, “duty of care” refers to the responsibility we all have to avoid causing harm to another. We undertake this responsibility, for example, every time we get behind the wheel of a car, interact with others in public, or open a business to customers.
Steps Involved in Proving a Personal Injury Claim
There are three criteria plaintiffs must meet to prove liability in a personal injury case, including:
- Demonstrate that the individual who caused the accident had an established duty of care. A duty of care may not always be in place, depending on the circumstances of the accident, how it occurred, and local and federal laws.
- Show how a “breach” of duty took place. The evidence that your personal injury lawyer amasses needs to show exactly how the other party, referred to as the defendant, neglected to meet the duty of care. This failure is referred to as a breach of duty and often requires thorough testimony and accident re-creation experts. Experts will examine how other individuals or groups would have acted had they been the defendant.
- Personal injury victims, referred to as plaintiffs, must substantiate that they suffered serious injuries because of that breach of duty. A personal injury attorney generally associates accident injuries with the injuring event by soliciting the assistance of medical experts and doctors.
It may be determined that the defendant was, in fact, negligent if all these points can be proven during a personal injury claim. If a defendant is found negligent, then the plaintiff may be eligible for a settlement to cover medical expenses and other accident-related costs. Many wrongful death claims and other personal injury cases in Ohio don’t go to trial and are settled outside of the courtroom with an insurance company or directly with a defendant.
Why Choose Cincinnati Personal Injury Attorneys?
After your Cincinnati, OH accident, insurance adjusters may approach you or contact you to settle your case. This can seem like a good idea at the time—you quickly settle your case, receive compensation, and you don’t have to go through the legal process. However, it’s important to know the insurance adjuster isn’t acting in your best interests, but instead that of the insurance company. Insurers will try to find ways to save money which often leads to you receiving a settlement offer that’s less than you deserve.
Tactics Insurers Use To Offer Lower Personal Injury Settlements
There are a variety of tactics insurers use to try to trip you up, get you to settle earlier than you should, or in compiling evidence to contest their liability in your accident case, including:
- An insurance company may ask you to make an official statement or to record the conversation if you’re speaking on the phone.
- Posing open-ended, generic questions like, “How are you doing?”. It could adversely impact your case if you’re quick to say that you’re feeling okay or mention a single symptom you’re feeling, like a headache.
You likely wouldn’t think to list all of the symptoms you’re experiencing at the time because the initial question sounded like a conversation starter. You may find yourself expecting an adjuster to ask questions about insurance, the other driver, and additional details about the accident, but that never happens. Adjusters could use any information you give to offer lower compensation.
If you receive an unfavorable settlement, you may not be able to cover the full costs of your medical care—some adjusters may contact you early on and you may not yet know the full extent of your injuries. For example, pain in your neck could make you think you have a neck injury, but can be a back injury symptom. Your settlement could compensate you for a neck injury, but not the back injury. If you run into this issue, you may have to pay for your medical care out of pocket, which can cause you financial problems.
Insurance companies may also investigate your social media to find any posts and use the information they find to reduce your settlement. They’ll see if you’re posting about the accident, your injuries, or posting anything that they could use to show your injuries aren’t as severe as you claim. It’s best to refrain from social media when you’re involved in a personal injury case. You could also change your settings, so your accounts are private, so you won’t have to worry about social media affecting the outcome of your personal injury case.
When you have Cincinnati personal injury lawyers representing you, they will advocate for you every step of the way and can help you deal with the insurance company. To get started on your insurance claim, the insurer will require some necessary information. We can provide them with the information they need and handle communication, so you don’t have to. While the legal process can take more time, you’ll benefit in the long run from knowing the full damages of your accident and having an experienced personal injury attorney fight for you to recover those losses.
Our Cincinnati Personal Injury Lawyers Can Help You Recover
When accidents put your life on hold and you’re trying to get back on track, our law firm is here to stand at your side during the legal process. We fiercely advocate for the rights of our clients and will fight to recover maximum compensation so you can recover with peace of mind.
Our law firm is prepared to take your case to court if that’s what is necessary to get you fair compensation. When you’re going into a courtroom before a judge and jury to state your case, it’s common to feel nervous or intimidated. Our national trial lawyers have plenty of experience presenting our clients’ cases in a courtroom and will be able to guide you through the process, so you feel ready and know what to expect when you’re in court.
If you or someone you love has been seriously injured in an accident in Ohio that you feel could have been prevented or that happened due to wrongful or negligent actions, our personal injury lawyers at Thomas Law Offices may be able to help. By contacting us at your earliest convenience, we may be able to pair you and your family with a Cincinnati personal injury lawyer.
You can discuss the facts of your case in a free consultation and ask all the questions you have regarding the legal process. We’ll go over your options and will provide you with the answers you need so you can make a fully-informed decision on how to proceed.