Slipping and falling takes only a second but it can change the course of your life. Slip and fall accidents cause a variety of injuries, and some slip-and-falls create long-lasting health issues. If you are legally on someone else’s property or business and suffer a fall, you may have a valid claim to recover compensation for your injuries. Have you been injured in a slip and fall accident? Do you wonder what the average payout is for a slip and fall injury? Consult with a qualified personal injury attorney to discuss your options. What Are Slip and Fall Accidents? Slip and fall accidents occur when a person loses traction on a walking surface or trips over an object causing an injury. Slip and fall accidents commonly occur on level ground due to several causes, including: Wet floor, Snow or ice, Oily surfaces, Spills or debris on surfaces, Torn carpeting, Broken flooring, Poor lighting, Uncovered wires, Missing or broken handrails, Uneven sidewalks, Potholes. Slip and fall accident cases represent a complex area of personal injury law because they are heavily fact-dependent and thus require a lot of investigation to prove that the property owner was negligent in some way. Proving negligence in slip and fall accidents and ensuring a just settlement amount generally requires the assistance of an experienced personal injury attorney. What Is Premises Liability? Many slip and fall accidents—especially those that are good candidates for compensation—occur on the property of another. This makes the concept of premises liability an important element of any slip and fall case. Premises liability means that property owners have a legal obligation to ensure their property is safe for guests and visitors. When a person suffers an injury due to a property owner’s failure to uphold this obligation, they have a right to seek compensation from the property owner. Recovering compensation requires establishing that the property owner was negligent in the maintenance of their property. Even if the injured party was partially at fault for the slip and fall accident, Ohio contributory fault laws do not bar recovery. Instead, the compensatory damage award is reduced by the injured party’s proportional fault. Your personal injury attorney will help you establish four essential elements to support your claim for recovery. Duty The property owner must have had a duty to uphold a certain standard of care in the maintenance of their premises. For example, if a property owner knew that their sidewalk was uneven due to root growth from trees underground, they would have a duty to fix the issue or warn visitors of the danger. Breach Either through action or inaction, the property owner must have failed to behave reasonably in upholding their duty to safely maintain their premises. Causation Your slip and fall injuries must have been caused by the property owner’s failure to safely maintain their premises. Damages Your slip and fall must have also caused some sort of “damage” to you. In the context of a slip and fall accident, the damage is generally an injury suffered by the victim. Common Injuries in Slip and Fall Accidents Slipping and falling unexpectedly puts you at risk of a serious injury. More serious injuries resulting from slip and fall accidents include: Soft tissue injuries, Spinal cord injuries, Head and brain injuries, Back injuries, Cuts and abrasions, Fractures, and Injuries to the pelvis. Many of these injuries require extensive medical attention and physical therapy. Some accident victims never return to the person they were before their slip and fall accident. For example, brain injuries are generally the most severe type of injury stemming from someone slipping and falling and could result in a lifetime of complications. How Much Is a Slip and Fall Case Worth? After your accident, researching Ohio slip and fall cases for settlement amounts is not encouraged. One person receiving a substantial sum for their injuries is not an accurate indication of the amount of your likely settlement award. Most personal injury attorneys understand that an average settlement for a slip and fall injury does not exist. All slip and fall cases produce varying settlement amounts due to the unique set of facts associated with each case. However, once your personal injury attorney gathers all the necessary evidence and facts surrounding the circumstances of your slip and fall case, they may more accurately provide you with an average payout for your slip and fall injury. There are two types of damages generally awarded in personal injury lawsuits: economic and non-economic damages. Economic Damages Economic damages represent those tangible, financial losses that can be accurately calculated. Economic damages include the following types of losses: Past and future medical expenses, Past and future lost wages, Property damage, and Household services. Economic damages often comprise a large portion of an average settlement for a slip and fall injury. Ohio law does not place a cap on the amount of an economic damage award. Non-Economic Damages Non-economic damages represent intangible, subjective losses that vary from person to person, including the following: Pain and suffering, Mental anguish, Scarring or disfigurement, Embarrassment, Loss of enjoyment of life, Loss of consortium. Ohio caps non-economic damage awards at $250,000 or three times the economic damages award, whichever is greater—but never to exceed $350,000. Contact Us Aaron Bensinger of Balyeat, Leahy, Daley, Miller & Bensinger, LLC, possesses extensive experience navigating slip and fall cases in Ohio. He takes on the fight against insurance companies and liable parties so you can focus on recovery. He knows when to push toward settlement or march on to a trial. Slip and fall accidents can result in devastating injuries. We know you have enough to worry about. With mounting medical expenses and an inability to work, you may wonder which way to turn for help. You need an attorney focused on getting you just compensation. We know what you’re going through and want to fight to get you the settlement you deserve. Contact us today for a free case evaluation.Keep Reading
Driven to Win.
Ohio Lawyer Specializing in Personal Injury and Civil Litigation
Aaron has extensive experience navigating personal injury and civil litgation in Ohio and California. Now based in Lima, Ohio, Aaron is dedicated to providing his clients with the best legal service possible.
He takes the fight to insurance companies, and won’t hesitate to take your case to trial. Aaron focuses on ensuring that each of his clients obtains the compensation he knows they deserve, despite the claims of insurance companies. As a personal injury lawyer, Aaron understands how devastating a serious injury can be. He and his team want to help you get your life back. His attention to detail is why some of the regions largest companies have chosen Aaron when faced with litigation. Aaron and his team are also staffed to handle litigation of any size including Federal cases, Ohio state cases, California state cases, and administrative actions.
In addition to personal injury, Aaron handles a variety of civil litigation cases. His diverse background helps him achieve the best results in all areas of law.
Let us Worry About Your Case, You Focus on Healing.
Meet Ohio Personal Injury Lawyer
Aaron L. Bensinger
When you work with Aaron, you’ll know right away that you’re more than “just another case.” Though Aaron has extensive experience working in large markets like California, he focuses on giving each client the attention they deserve.
Currently, Aaron is licensed to practice in both Ohio and California, but Ohio is home, and he loves helping people in Lima and beyond. Super Lawyers recognized Aaron as a “Rising Star” in 2014 and 2015.
“I have had an outstanding experience with Aaron Bensinger and his team. From day one they made me feel welcomed and taken care of! Frequent updates are the norm when you work with Aaron Bensinger. In addition, he really went the extra mile to make sure I was highly compensated for my injuries. Needless to say, I was satisfied with the outcome. I had a great experience and would come back with any other of my legal needs. He is the man!!”- Angela Hahn
"I highly recommend Aaron. He went above and beyond to help me out. He was extremely professional. My case was very overwhelming and he did a great job getting everything sorted out and taken care of."- Jordan Dunlap
"Aaron did a wonderful job on my Personal Injury case! He worked hard on my case, kept me informed throughout the process and obtained a great result! He is accessible and made me feel like he never stopped thinking about my case. I would recommend him to anyone."- Stephanie Huston
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Victims of car accidents can suffer injuries that may never fully heal, including herniated disc injuries. A herniated disc injury is not only painful but may have a long-lasting impact on your daily life. If you suffered an injury due to the negligence of another, you have a right to recover from a herniated disc auto accident settlement. Many people suffering a herniated disc injury find themselves burdened with expensive medical bills coupled with an inability to work due to their injury. Pursuing a herniated disc settlement amount from the person responsible for your injuries is a complex legal process requiring the assistance of a personal injury attorney. What Is a Herniated Disc Injury? A herniated disc injury occurs when a disc moves out of alignment from the rest of the spine. Herniated disc injuries typically occur due to trauma, like a rupture or tear, but may also occur with age. The lower back is a common location for a herniated disc injury. The symptoms of those experiencing herniated disc injuries include: Pain in the arm, leg, shoulder, calf, thigh, and buttocks; Numbness or tingling in areas of the body; Weakness in the area connected to the damaged nerve; Lack of coordination and balance; Difficulty holding items; and Lower back pain. A person suffering from a herniated disc may suffer some, all, or none of these symptoms. Typically, herniated disc injuries worsen after long periods of sitting, standing, or walking. Additionally, a sneeze or cough may trigger herniated disc pain. What Factors Determine a Herniated Disc Settlement Value? The long-lasting effects of your injury may have you wondering how much of a settlement to expect after suffering a herniated disc. Multiple factors affect a herniated disc settlement value. Working with your attorney to answer the following questions is a great start. How many herniated discs do you have? Where are your herniated discs located on the spine? How large are your herniated discs? What treatment did you receive? Is your herniated disc injury new or old? Have you fully recovered from your herniated disc injury? How have herniated discs affected your daily life? As you work through the answers to these questions, your attorney gains a clearer picture of an average possible settlement for your herniated disc car accident injury. No two herniated disc injuries are the same. For this reason, most attorneys refuse to give an average herniated disc settlement value without first getting some information from you. Additionally, it’s generally not advised to use a herniated disc settlement calculator. These calculators tend to be inaccurate and fail to provide a reliable value for your case. Does a Preexisting Disc Injury Affect My Herniated Disc Settlement Amount? A preexisting disc injury does not automatically disqualify you from recovering in your personal injury case. However, it’s crucial to seek legal representation from a qualified personal injury attorney, as the negligent party and insurance company will try to use your preexisting condition to reduce their liability. Even if a disc injury existed before your accident, you still have a right to recover if you can prove that the accident substantially aggravated your disc injury. Medical records, notes from physical therapists, expert medical testimony, and appointments with medical specialists can support your claim for recovery. A personal injury attorney works to gather all relevant evidence to maximize a herniated disc settlement value. How Much to Expect in a Herniated Disc Auto Accident Settlement? The particular facts and details surrounding a car accident vary from one case to the next. While Ohio law permits those suffering injuries in a car accident to recover all the compensation needed to make them whole, insurance companies and liable parties seek to pay out as little as possible. This is why having an experienced personal injury attorney from the beginning sends a strong signal that you are serious about receiving a fair herniated disc auto accident settlement. What Damages Make up My Herniated Disc Auto Accident Settlement Ohio law permits injured parties in personal injury cases to recover compensatory damages and punitive damages in Ohio. Compensatory damages seek to make an accident victim “whole” for their losses. Punitive damages are awarded in rare circumstances and seek to punish the defendant and deter future similar conduct. The law divides compensatory damages into two categories: economic and non-economic damages. Economic Damages Economic damages represent calculable financial losses like the following: Past and future medical expenses, Past and future lost wages, and Property damage. Economic damages typically comprise a large portion of your herniated disc settlement amount. Your attorney proves the existence of these losses through medical bills, receipts, pay stubs, and other evidence. Non-Economic Damages Non-economic damages represent the intangible and subjective losses associated with a herniated disc settlement value. These damages include the following: Pain and suffering, Emotional distress, Loss of consortium, and Loss of enjoyment of life. Ohio law provides no caps to economic damage awards. However, non-economic damage awards in Ohio are subject to limitations. So while there are no personal injury caps to your recoverable medical expenses, there is a limit to your claim for emotional distress. Non-economic damage awards are limited to the greater of (a) $250,000 or (b) three times your economic damages, which is subject to a maximum of $350,000 per person and $500,000 per accident. Contact Us Aaron Bensinger of Balyeat, Leahy, Daley, Miller & Bensinger, LLC, possesses extensive experience navigating personal injury lawsuits in Ohio. As a skillful negotiator, he works to pursue the compensation you deserve. However, if negotiations fail, he won’t hesitate to bring your case to trial. Aaron Bensinger understands the devastation and disruption a herniated disc injury causes to your daily life. We build a strong case on your behalf, so you can prioritize getting better and moving forward. Contact us today for a free case review. Don’t let your herniated disc injury rule your life any longer. Let us get you on the path to recovery today!Keep Reading
After losing a loved one, it may be intimidating to go through the process of filing a wrongful death lawsuit in Ohio. While nothing can bring your loved one back, a wrongful death claim helps provide the compensation your family needs to recover. Here are the basic things you need to know about filing a wrongful death claim in Ohio and how Bensinger Law can help. What Is Wrongful Death? The state of Ohio defines wrongful death as any death caused by the negligence of another person. Generally, wrongful death lawsuits occur when the deceased person dies before being able to file their own personal injury lawsuit. In the case of wrongful death lawsuits, another party files the claim on behalf of the deceased. Who Can File a Wrongful Death Suit in Ohio? According to Ohio Revised Code § 2125.01, the personal representative of the deceased must file a wrongful death suit. While this may be a spouse, child, or parent, it could also be a lawyer, a financial advisor, or the executor of the estate. Ultimately, it depends on whether the deceased assigned an executor before their death. If they do not appoint an executor, the probate court appoints a third-party representative to oversee the lawsuit. Statute of Limitations for Wrongful Death Lawsuit in Ohio Currently, the statute of limitations for wrongful death in Ohio is two years from the date of death. This means that the representative must file a claim before the deadline. If the representative doesn’t file the claim within the time limit, the court may refuse to hear the case. There are some rare instances where the statute of limitations may change. For example, injuries caused by a government employee or entity require a separate filing with the agency responsible. Potential Damages in a Wrongful Death Case In wrongful death cases, the deceased’s survivors may seek damages from those responsible. While it’s impossible to assign a value to human life, the law enables families to seek damages for a variety of economic and non-economic losses. The court usually awards these damages to the spouse, children, and parents of the deceased. However, there are certain circumstances where other family members may recover damages. Economic Damages Economic damages are any calculable losses sustained by the surviving family members of the deceased. In other words, these losses must be tangible and have a standard cost. This includes things like medical bills for treatment before death, funeral expenses, loss of future income, to name a few. Non-Economic Damages Non-economic damages are any losses that can’t be calculated with traditional methods. In essence, non-economic damages refer to the intangible, subjective losses incurred by the family after a loved one’s death. This includes: Loss of support and guidance, Loss of companionship, Loss of consortium, and Mental anguish. There are a few different ways an attorney may calculate non-economic damages. However, many use the multiplier method, which multiplies the total economic damages by a whole number. How Long Does a Wrongful Death Lawsuit Take? The amount of time it takes to complete your wrongful death lawsuit depends on many factors. Usually, settling a case takes less time than going to trial. However, the best way to know the length of your case is to speak with an experienced Ohio wrongful death attorney. They can give you an estimate based on the specific circumstances of your case. How Does the Court Distribute Compensation? Who gets the money in a wrongful death lawsuit in Ohio? Whether the representative of the deceased settles or wins a judgment, the distribution method is the same. At the end of the proceedings, the court may reimburse the person who paid the funeral expenses or award those funds to the representative to pay for the services. Afterward, the representative distributes the compensation based on the shares set by the court for each beneficiary. The share percentage differs from case to case. In some instances, the court may award an equal percentage to each beneficiary. However, if the recipients want to determine the distribution for each person, the court allows this as well. Need Help with Your Wrongful Death Lawsuit in Ohio? Losing a loved one due to the negligence of another is difficult, but you don’t have to go through it alone. Attorney Aaron Bensinger knows how devastating the loss of life is for families. He will manage your case from start to finish and pursue the justice your family deserves. To schedule a free consultation, contact Bensinger Law today at 419-455-1410. Aaron is proud to serve clients throughout Ohio from his practice in Lima.Keep Reading