If you lost a loved one in an accident caused by someone’s negligence or recklessness, a skilled Hamilton, OH personal injury attorney can help you determine the best method to pursue compensation. This might include a wrongful death claim if a loved one was killed as a result of someone else’s actions. Compensation awarded by wrongful death lawsuits must be for the benefit of the deceased individual’s spouse, children, or parents. The elements involved in the process of obtaining compensation in a personal injury lawsuit include:
You may benefit from one or more of the following emergency services in Hamilton:
When accidents occur, a person can unexpectedly find his or her life changed in a matter of seconds. Injuries can lead to large medical bills and lost wages as well as lifelong physical suffering. Some people are killed in accidents, which leaves their surviving family members to pursue compensation. The Centers for Disease Control report that each year 214,000 people die from injuries incurred in accidents.
Our Hamilton, OH personal injury attorneys have significant experience helping people who have been impacted by accidents obtain the compensation they need to help deal with many of these complications. Failure to create a strong legal strategy only makes a bad situation worse. At Kruger & Hodges, we appreciate how challenging living with the damage caused by an accident can be, and we will help you fight for the best possible outcome in your personal injury case.
Personal injury refers to the harm suffered that is often caused by the negligence of another person or entity. Some of the most common claims pursued by our Hamilton, OH personal injury attorneys include:
The following injuries are common results of accidents in Ohio:
Most damages sought by Hamilton, OH personal injury attorneys are classified as “compensatory” because they are designed to compensate the injured plaintiff for the things that were lost in the accident. Some of the most common types of compensatory damages include:
Briefly, to recover compensation for an injury sustained during an accident, an accident victim and his or her personal injury attorney need to prove a few things. First, we must prove that you were injured by the negligence of another party. For example, if you were injured in a rear-end car accident, the negligence of the offending driver would be proven by showing that he or she clearly broke a traffic law. However, proving a party’s negligence can be difficult in some cases.
We must also prove that due to the at-fault party’s negligence, you were injured. Lastly, we must show how this injury has caused you damages or losses. Each injury case is different, and issues can arise at any step in this process that can hurt or enhance a particular case. Keeping organized documentation is the best way to stay on top of any personal injury case, and your personal injury attorney will make sure to guide you in the right direction.
There is no universal answer to how much a personal injury case is worth. Only after careful analysis of the numerous facts involved with your case will an experienced lawyer be able to estimate the potential dollar value of your personal injury claim. Some of the factors that can influence this figure include the severity of your injuries, insurance coverage, the financial impact, and whether the party that caused the accident took steps to protect your safety.
In many cases, an insurance company that represents the opposing party will make a settlement offer. If the victim does not accept the amount offered by the insurance company, the case will likely proceed to trial. To help navigate this process, it is critical to obtain the representation of a skilled accident lawyer. While there is no one specific amount to expect in compensation following an Ohio personal injury accident, it can help to understand some factors that commonly influence this number.
There is no “average” for the amount of compensation that a person can expect to receive after being injured in an accident. Each case is different. As a result, it is difficult to determine what a person will receive in compensation for even the most serious accidents. Some of the factors that influence the amount of compensation a person ultimately receives include the degree of economic losses suffered, the severity of injuries, and how injuries have impacted you and your loved ones.
You can only receive in compensation an amount equivalent to the responsible party’s insurance policy. For example, if you were injured in a car accident, you will only be able to receive the maximum of the responsible party’s insurance policy. When a business causes a person’s injuries, the victim can often receive more in compensation because companies often have “deeper pockets.” Regardless, Ohio has established certain limitations on the amount of compensation personal injury victims can receive. It is helpful to remember the following rules:
Many people our lawyers help are injured as the result of someone else’s negligence. This might include careless behavior, like failing to look both ways at an intersection or to clean up a spill in a grocery store. Some accidents occur, however, because people are intentionally injured. This category includes people who purposefully harm others. Because conduct of this nature is viewed as more reprehensible than others, Ohio law allows victims to ask for punitive damages in these cases. Punitive damages are designed to punish the responsible party and deter them and others from performing similar harmful acts in the future.
While they are not common, Ohio still awards punitive damages. The amount of these damages is capped, however. If a client experiences $100,000 in compensatory damages, they can later receive a maximum of $200,000 in punitive damages.
Briefly, to recover from an injury sustained during an accident, an accident victim and his or her personal injury attorneys in Hamilton, OH need to prove a few things. First, we must prove that you were injured by the negligence of another party. For example, if you were injured in a rear-end car accident, the negligence of the offending driver would be proven by showing that he or she clearly broke a traffic law. However, proving a party’s negligence can be difficult in some cases.
We must also prove that due to the at-fault party’s negligence, you were injured. Lastly, we must show how this injury has caused you damages or losses. Each injury case is different, and issues can arise at any step in this process that can hurt or enhance a particular case. Keeping organized documentation is the best way to stay on top of any personal injury case, and your personal injury attorney will make sure to guide you in the right direction.
Personal injury claims can take a really long time. As such, memories and evidence can be lost if not properly documented when they occur. We suggest to our clients that they take pictures of any evidence as soon as they can do so safely. Evidence can be pictures of the property damage to a vehicle, something that they tripped over, or pictures of the injuries sustained.
Pictures help show how the accident happened as well as the severity of the resulting injuries. Telling insurance adjusters you were bruised and showing them photographic proof are two different things. Additionally, it is important to take down the names and contact information of any witnesses. A good witness can make the difference between getting the compensation you deserve and nothing at all.
The statute of limitation is the amount of time a person has to file a legal claim. In Ohio, there is a two-year limitation for most personal injury cases. This means that in many cases, your Hamilton, OH personal injury attorneys have two years from the date of an accident to file a personal injury claim. Waiting longer than two years will result in an accident victim losing the opportunity to pursue compensation in a court of law. For this reason, if you have been injured in any kind of accident, you should not hesitate to obtain the assistance of a skilled personal injury attorney.
Often the insurance company will ask the injured party to make a recorded statement. Injury victims often make these recorded statements because they feel that they have no choice. You do have a choice! If you have been injured and the insurance company is making you feel like you need to make a recorded statement, you should know that you are under no obligation to make any statements.
As personal injury attorneys in Hamilton, Ohio, we instruct our clients to not make statements to the insurance companies because we know that they are not wanting this statement to help you. They want this statement to help their bottom line. So please do not let the insurance company pressure you into making a statement that they will be able to use against you later.
One of the most important aspects of any personal injury claim is the treatment record. Obviously, without regard to any potential personal injury claim, if you are hurt, then you need to get treatment from a skilled medical doctor as soon as possible. Within the context of a personal injury case, a solid medical treatment record is of the utmost importance. When you are at the doctor, you need to tell him or her all of the issues you are struggling with due to the accident.
If you do not tell your doctor all of your issues, then he or she will not include any notations about them in your medical records. The records must document the injuries sustained or it will be more difficult to get the compensation you deserve. Additionally, if you wait too long after the accident to get treatment, the insurance company will say you have a “gap in treatment” and will attempt to pay less or nothing at all. Therefore, seeking treatment as soon as you can is always advisable.
If you cannot get your claim settled before the statute of limitations, your lawyer will need to file a lawsuit in the jurisdiction where the injury occurred. This begins the formal court process, which could inevitably end with a trial by jury. Oftentimes, cases can still be settled after the filing of a lawsuit; however, if the two sides cannot come to an agreement, the case will go to trial and possibly even through an appeal process. This whole process can take anywhere from one to two years and even longer depending on the complexities of the case.
You only get one chance to recover. If you settle and then realize you have further damages, you will not be able to go back to the opposing side again. This is why it is important to take this process seriously to maximize your one chance at recovery.
Most personal injury attorneys charge a contingency fee. This means that it costs nothing out of pocket up front for you to obtain the services of a personal injury lawyer. Under this model, your lawyer will only get paid if you actually succeed in recovering compensation. The fee is generally 30-40% of the gross settlement.
You may be unsure of what to do or where to turn following an injury caused by another person. Your injuries may be uppermost in your mind, as well as whether you will be able to return to work and make a living. This is normal, and you absolutely should have the time you need to heal from your injuries. It is also very normal that you are wondering how you will pay your normal monthly expenses. This is the time when you need to take what could well be the most important step you take during the entire process.
You need a strong, experienced personal injury attorney who will have your back and will ensure the insurance company does not take advantage of you. Insurance companies are known for their delay, denial, and devalue tactics. Insurance companies are interested in their financial bottom line, and much less interested in you and your injuries. You need a legal advocate who will not hesitate to zealously fight for you every step of the way, never hesitating to go up against a large insurance company.
At Kruger & Hodges, we have attorneys who once worked for the “other side.” Because of this, our legal team knows better than most exactly what tactics the insurance company will use—and how to combat those tactics. We also have attorneys on staff who are highly experienced trial lawyers, as well as attorneys whose strength lies in negotiating a fair settlement for our clients. We work as a team on your behalf to ensure you have everything you need to get the settlement you need and deserve.
You need an attorney who has extensive experience with your particular type of personal injury case, but you also want an attorney and a law firm that you can put your trust in.
When you choose Hamilton, OH personal injury attorneys from Kruger & Hodges, you can feel confident in your choice, knowing your questions will be thoroughly answered, and your rights protected from start to finish. At Kruger & Hodges, we know that life doesn’t always go as you planned. When the worst-case scenario becomes reality, we are here for you, ready to aggressively pursue justice on your behalf.
We have seen our own loved ones injured as a result of another’s negligence, which is why our law practice adds compassion to the mix as we work zealously on behalf of each client. We seek justice on behalf of our neighbors in Hamilton, as well as for those in surrounding areas. Our attorneys are highly accessible—when you call, we answer, and once we answer, we really listen to you.
When accidents occur, the resulting injuries can be particularly severe, which is why personal injury victims should not hesitate to contact our law firm. During a free case evaluation, our Hamilton, OH personal injury attorneys will help you determine the best strategy for your case. Contact Kruger & Hodges today for assistance. We help injury victims at our Hamilton, Ohio law offices.
