Personal Injury

How to Get Your Toledo Accident Report

| Read Time: 4 minutes

A car accident signifies an unforgettable and traumatic experience. Most people never forget where they were after a car accident. Unfortunately for some, a car accident leaves lasting scars, such as financial burden or severe injuries.  There are multiple steps to take immediately following an accident. One of those steps is to obtain a copy of your Toledo Police Dept accident reports. These reports provide vital information regarding details of your car accident and may serve to benefit you in recovery for damages against another party. You can obtain a copy of your Toledo Ohio accident report in a few different ways. Some ways prove more difficult than others and may require the assistance of a personal injury attorney. Contact a qualified personal injury attorney to assist you in the process of obtaining a copy of your accident report in Toledo, Ohio.  What Is a Toledo Police Accident Report? A Toledo Ohio accident report is identified as a OH-1 Traffic Crash Report in Ohio. Law enforcement uses these reports to record details relating to an accident involving any type of motor vehicle. The police officer reporting to the scene of the accident prepares the report based on their observations. If there was no reporting officer to the scene of your accident, Ohio provides you an option to prepare your own Toledo crash report. This Toledo Ohio accident report is identified as BMV 3303 Crash Report. How Much do Toledo Police Department Accident Reports Cost?  Most cities charge a fee to retrieve a copy of an accident report. Fortunately, the Toledo Police Department does not charge for copies of accident reports. The database of Toledo crash reports may be reviewed online. Additionally, anyone can access and download copies of their Toledo police accident report in pdf form.  How To Obtain a Copy of Toledo Police Department Accident Reports  There are three ways to obtain a copy of Toledo Ohio accident reports.  Get Your Toledo Accident Report in Person Appear in person and request the Toledo Police Department at 525 North Erie Street, Toledo, OH 43604. Get Your Toledo Crash Report by Mail Make a written request by mail to the Toledo Police Department at the same location noted above. Obtain Your Toledo Collision Report Online Obtain a copy of your TPD accident report online. Accident reports may not be accessed online until at least five days after the accident occurred. Do I Need an Accident Report in Toledo Ohio? The state of Ohio does not require residents to report all car accidents. However, calling 911 is required when a fatality or personal injury results from the accident. Additionally, Ohio law does not require police to report to the scene of an accident unless a fatality or personal injury occurs. In the event of a death, fatality, or damage to personal property amounting to more than $1,000, the police officer must forward a copy of the report to the director of public safety.  Even if a report is not required by law, it’s always recommended to file a TPD police report after an accident. TPD accident reports may support your claim for recovery because the reporting police officer’s observations serve as evidence and include valuable information regarding your accident.  How Do I Read Toledo Police Department Accident Reports? At first look, Toledo Police Department accident reports may seem confusing and overwhelming to decipher. However, if you break down the information in your Toledo Ohio accident report, it provides valuable information that may benefit you in your claim for recovery. First Page The first page of accident reports in Toledo, Ohio provides basic information such as:  Name and contact information; Vehicle information; Type of crash; Location of the accident;  Conditions, such as time of day, weather, and road conditions; and  The severity of the accident.  Information such as circumstances impacting the cause of the accident benefit parties seeking recovery. For example, if the report indicates that the weather conditions were foggy and rainy, how a driver operated their vehicle may strengthen a claim that the driver caused the accident.  Second Page The second page of the Toledo Police Department accident report provides more detailed information regarding the circumstances of the accident. Details in this section include: A description of injuries sustained,  A description of damages sustained,  Pre-crash actions,  The sequence of events, and Circumstances contributing to the accident. Additionally, this page of the report provides a box if any party involved hit and run after the accident.  Third Page The third page of your accident report in Toledo, Ohio, provides information on all motorists, non-motorists, and occupants in the vehicles. The information includes the name, addresses, and vehicle license plates of all motorists. Additionally, this section of Toledo Police accident reports details if injuries occurred and whether medical attention was provided.  This page also details whether any involved party was tested for drugs or alcohol at the time of the accident.  Fourth Page The fourth section of the Toledo crash report provides the contact information for any witnesses to the accident. This section can be especially important if statements need to be taken by any witnesses to the accident.  TPD accident reports serve as valuable pieces of evidence in obtaining relief in car accident cases. Therefore, it’s always advised to file a Toledo Ohio police accident report after an accident. The unbiased view of a reporting police officer also provides solid evidence to support a case for negligence after suffering an injury and damages in a car accident.  Contact Us Aaron Bensinger of Bensinger Law provides dedicated and aggressive representation for all clients in Ohio. Aaron understands the trauma and devastation a car accident causes for those involved and works diligently to represent your interests. Bensinger Law never hesitates to fight insurance companies and bring your case to trial. You should never attempt to litigate your own personal injury case after an accident. Let us go to work for you so you can focus on your recovery. Contact Bensinger Law today for a...

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Personal Injury

How to Get Your Columbus Car Accident Report

| Read Time: 3 minutes

After you’ve been involved in a traffic accident in Columbus, Ohio, a car accident report is an important document to acquire. Depending on the circumstances of the accident, you might be thinking about either filing an insurance claim or filing a lawsuit. In either case, it’s a good idea to get a copy of your Columbus, Ohio accident report. By having this document, you will be able to produce a key piece of evidence.  Although you can obtain a Columbus crash report on your own, you may still want to consider hiring an attorney. A qualified Ohio car accident attorney can help you get and understand your car accident report. They can then help you determine whether you have a claim.  What Exactly Are Columbus Crash Reports? Ohio law enforcement agencies use a form called the “OH-1” or “OH-1 Traffic Crash Reports” to record things like car accidents. Unlike some states, there is no law that requires local residents to file their own Columbus, Ohio crash reports.  How to Get Unofficial Columbus Ohio Car Accident Reports from the Ohio Department of Public Safety Traffic accident reports from Columbus, Ohio, are filed at the Ohio Department of Public Safety (ODPS).  One way you can acquire your Columbus crash report is by going to the ODPS website and searching their database for Columbus, Ohio accident reports.  If your car accident happened recently, your Columbus crash reports may not be available on the ODPS website. A good rule of thumb is to expect your Columbus police accident report to take up to six weeks to appear on the ODPS website.  Required Information for Unofficial Columbus Ohio Car Accident Reports You will need to provide some information to acquire your Columbus police accident report. On the ODPS website, you can obtain Columbus police accident reports by providing the crash number and any relevant document numbers. Alternatively, you can provide the following information: Last name, Crash start date, Crash end date, The county in which the crash occurred, and The law enforcement agency that investigated the crash; Crash reports are available on ODPS’s website for about five years.  It’s also important to note that the Columbus, Ohio car accident reports that are stored on the ODPS website are not considered official reports. That fact notwithstanding, you can obtain an unofficial Columbus, Ohio car accident report free of charge.  How to Get Official Columbus Ohio Traffic Accident Reports from the City of Columbus To obtain an official Columbus police accident report, your best bet is to contact the agency that investigated your crash, like the Columbus Police Department or the Ohio State Highway Patrol. Official Columbus, Ohio traffic accident reports can be found on the City of Columbus’s website.  To conduct a search for a Columbus police accident report, you need to submit the following information on the City’s website: First name, Last name, Address, Email, Phone number, Report number, Vehicle driver’s name, and Owner’s name (if different from driver). The final pieces of information you must include to obtain Columbus police crash reports are the time and location of the crash. You can obtain either a digital copy or a physical photocopy of the Columbus police department accident report. Digital copies are free of charge, but the fee for a physical photocopy is $.05 per page. You can pay the photocopy fee by cash, money order, or a certified check made payable to: City of Columbus Treasurer – Police. The address for the Columbus Division of Police’s Records Unit is 120 Marconi Boulevard, Columbus, Ohio 43215.  Keep in mind that personal checks are not accepted.  Need More Information? Once you’ve obtained your Columbus police department accident report, it’s always a good idea to contact an experienced car accident attorney. Depending on the circumstances of your accident, you may have to deal with aggressive insurance companies and other third parties who are adverse to your interests. Thankfully, you don’t have to fight these groups alone. Here at Besinger Law, we can help you stand up for your rights. First, we will work with you to review your case, investigate the accident, and collect the evidence we need to win. We’ll then determine how much your case is worth, negotiate with any and all third parties, and prepare for trial if necessary.  Even if you are still unsure about whether you need a car accident lawyer, you lose nothing by setting up a free initial consultation with us. Contact us today so that we can help you.

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Personal Injury

How to Get Your Dayton Accident Report

| Read Time: 2 minutes

Regardless of who’s at fault, car accidents represent a scary, often life-changing experience. Ohio law may not require a Dayton, Ohio accident report. However, an accident report assists by providing evidence that may assist in pursuing a claim for damages. If you were involved in a car accident, a personal injury attorney can assist in retrieving your Dayton police accident report.  What Is a Dayton Police Department Accident Report?  Dayton Ohio car accident reports are also identified as OH-1 Traffic Accident Reports. When a police officer responds to the scene of a car accident, they prepare Dayton police accident reports to record their observations and other important information.   Why Is a Dayton Ohio Police Accident Report Important?  Dayton Police Department accident reports provide vital information regarding the details of a car accident. Insurance companies and personal injury attorneys carefully review the data in Dayton crash reports to determine fault. Therefore, when you receive a copy of your Dayton crash report, closely review the information and ensure all details are correct.  What If My Dayton Ohio Accident Report Is Wrong? Reporting police officers make mistakes. Unfortunately, these mistakes may have an impact on your recovery. Some common mistakes in Dayton, Ohio accident reports include the following: Incorrect determination of fault,  Incorrectly reported road conditions, Lost or destroyed photographic evidence, and Incorrect witness information. You can make it easier to correct any potential mistakes in your report by collecting your own information from witnesses and taking photographs at the scene. There are some specific steps you may take to attempt to fix mistakes in your Dayton crash report.  Provide Evidence  If your Dayton Ohio car accident report contains mistakes, one way to attempt to fix those mistakes is providing evidence. For example, if the make of your vehicle is incorrect in the report, you may bring a copy of your registration to correct the report. Additionally, if the Dayton Police Department accident report states that the weather was sunny and you provide photographic evidence that it was a stormy day, this may correct those factual errors in the report.  Act Quickly  After an accident, it’s important to quickly obtain a copy of any Dayton crash reports. A Dayton police accident report may be available in the few days after the accident occurred. When the report becomes available, be sure to order a copy through the Dayton Ohio Police Department.  Provide a Statement  In the event the Dayton Police Department accident report contains incorrect information, it may not always be possible to correct these errors. However, in some situations you may provide your statement to accompany the accident report.  Most importantly, if you discover a mistake in your Dayton Police Department accident report, it’s important to consult with a personal injury attorney to assess your next steps.  Contact Us  If you’ve been in a car accident, Aaron Bensinger of Bensinger Law understands the stress you are experiencing. A traumatic event such as a car accident results in not only personal injuries, but financial burdens. Let our firm get to work for you, so you can focus on your recovery. We provide compassionate representation to our clients while aggressively fighting for your rights. After a car accident, contact Bensinger Law for a free case evaluation. 

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Personal Injury

Average Hit by Drunk Driver Settlement in Ohio

| Read Time: 3 minutes

Were you hit by a drunk driver? Settlement is usually a better option than a full-blown civil trial. The reality, however, is that the amounts of DUI accident settlements vary so widely that any attempt to quote an “average” is virtually meaningless. That being said, however, six-figure settlements are not uncommon. There are a variety of factors that go into negotiating drunk driver settlement amounts.  Criminal Liability and Ohio Personal Injury Law Driving while intoxicated is a crime in Ohio. However, a criminal prosecution and a civil lawsuit are two separate proceedings. Even if the driver is acquitted in criminal court or charges are dropped, you can still win a civil lawsuit. The main reason for this disparity is that it is a lot easier to win a lawsuit for money damages than it is to win a criminal prosecution. If the defendant is convicted, however, that could help you win a civil lawsuit. In Ohio, breaking a traffic regulation (by driving while intoxicated, for example) is automatic negligence, otherwise known as negligence per se. You can prove that the defendant broke the law by presenting evidence of their guilty plea or conviction in criminal court or with other evidence. Many drunk driving lawsuit settlements happen this way. Factors That Affect the Average Drunk Driver Settlement A skilled personal injury lawyer can exploit all the following factors to maximize the value of your settlement. Your lawyer should possess experience in obtaining drunk driving lawsuit settlements. The Strength of Your Claim How likely are you to win if your claim goes to trial? The defendant is likely to be more willing to settle if defeat at trial seems assured. If the defendant has already lost in criminal court, your bargaining power is likely to be strong. The Amount of Your Damages The greater your losses, the higher the settlement you can demand, up to the defendant’s ability to pay. If you suffered permanent injury, for example, damages might be sky-high. If you suffered long-term damages, your lawyer can help you estimate future damages. Damages might consist of: Medical expenses, Lost earnings, Out-of-pocket expenses, Pain and suffering, and  Other intangible psychological losses. Punitive damages may also be available in drunk driving cases. However, punitive damages may not amount to more than two-thirds of the entire award, with an absolute maximum of $350,000. Although Ohio courts are reluctant to award punitive damages, they might be more willing to do so in a drunk driving accident. Comparative Fault What happens if you were partially at fault for the accident? In Ohio, you can still recover as long as your percentage of fault for the accident does not exceed 50%. If it is 50% or below, your claim’s value will be reduced proportionately. If you were 10% at fault, for example, you will lose 10% of your damages. You can expect the defendant to try to pin part of the blame on you. Policy Limits If you are negotiating with an insurance company, the limits of the defendant’s insurance company tend to set the ultimate upper limits of a settlement. In Ohio, the required minimum auto accident liability insurance is $25,000 per person and $50,000 per accident, with an additional $25,000 per accident in property damage liability. Alternative Sources of Compensation Ohio’s minimum liability insurance coverage is low, and sometimes defendants don’t carry insurance at all. If your claim is too large for the insurance company to pay, a good lawyer will search for alternative sources of compensation. Below are some of the most common:  The defendant’s bank account or other assets; The defendant’s employer, if the defendant was on-duty and acting within the scope of employment at the time of the accident; Supplemental insurance coverage, such as your own uninsured/underinsured motorist coverage; The nightclub that served the defendant alcohol prior to the accident, if the nightclub knew the defendant was under 21 or ignored the defendant’s obvious intoxication; and The manufacturer of an airbag, if an airbag malfunction exacerbated your injuries. An attorney can help you identify all potential sources of compensation. Take Decisive Action If an intoxicated driver caused an accident that injured you or killed your loved one, call Bensinger Legal Services at 419-595-4559 or contact us online for a free case review. We serve clients throughout northwest Ohio and beyond from our law office in Lima, Ohio.

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Personal Injury

Hit by a Semi Truck in Ohio? Here’s What to Do

| Read Time: 3 minutes

A car hit by a semi truck can crumple like an accordion. When you are hit by a semi weighing close to 80,000 pounds, life turns upside down in a split second. The pain and the shock would be enough to overwhelm you all by themselves, but now you must deal with financial distress as well. Nobody can undo your accident. A skilled personal injury lawyer, however, can see to it that you receive full compensation for all your losses. Seek Medical Treatment Immediately Seek medical treatment as soon as possible after your accident, even if you don’t think you are injured. Some types of serious injury, such as traumatic brain injury, might not produce symptoms immediately. Nevertheless, “I was hit by a semi truck” should be enough to get you an immediate medical examination. Don’t delay treatment, because medical records are important evidence. Gather Evidence Your claim is useless without evidence, even if you are in the right. You are going to need to determine the cause of the accident. The most common causes of truck accidents are: Malfunctioning brakes, Distracted driving, Blind spot accidents, Intoxicated driving, Tire blowouts, Overloaded cargo, and Falling debris.  One of the most effective ways to gather evidence is to file a lawsuit. Your lawyer can then use the discovery process to demand evidence from the defendant and third parties. If the defendant refuses, you can seek a court order. You might, for example, seek the truck’s “black box” to prove how fast the truck was traveling at the time of the accident, or you might seek the driver’s cell phone records.   Prove That the Truck Driver Was Negligent Determining the cause of the accident might turn out to be the most important step in proving liability. Under Ohio’s legal principle of negligence per se, if you can trace the accident to the violation of a trucking regulation, you can establish negligence. Commercial trucking is governed by extensive federal and state regulations that cover nearly every aspect of a journey from beginning to end. Even rest periods are regulated.  An experienced truck accident lawyer will know trucking regulations by heart, and they will know where to look to prove a violation. If you can show that the driver violated a trucking regulation, you can prove that the driver was negligent. You can also prove negligence through independent means, even if the truck driver did not violate a specific regulation. Prove That the Truck Driver’s Negligence Actually Caused the Accident Once you establish negligence, whether or not due to the violation of a trucking regulation, you will need to prove that the truck driver’s negligence was a substantial cause of the accident. All the negligence in the world will make no difference if the negligence did not actually cause the accident.  You might, for example, use cell phone records to prove that the driver was talking on their cell phone at the moment of the accident. You might also use eyewitness testimony to establish that the driver was dozing off at a nearby truck stop, which could suggest that the driver fell asleep at the wheel. Prove the Amount of Damages You Suffered Once you establish negligence and causation, you can hold the truck driver liable for all your losses, both tangible and intangible. Damages could include: Medical expenses, Lost income, Out-of-pocket expenses, Pain and suffering,  Psychological distress, and Punitive damages (in extreme cases such as a DUI accident). Keep a diary in which you record your day-to-day experiences with your injuries—how much you suffered, what you could not do, etc. Intangible damages such as pain and suffering might amount to well over half of your total recovery. To Sue or to Settle? In all likelihood, you will resolve your claim at the settlement table rather than in court. When a semi hits a car, the insurance company generally does not want to go to court and face a jury. You do need to be ready to win in court, however. Otherwise, you will have no bargaining power. Select a lawyer with a track record of winning in court, and then let them do the negotiating for you. Your lawyer cannot agree to a settlement without your permission. Decisive Action Makes the Difference If you or your loved one has been injured or killed in an accident caused by a semi truck, call Aaron Bensinger, a partner at Balyeat, Leahy, Daley, Miller & Bensinger, LLC, at 419-595-4544 or contact us online for a free case review. We serve clients throughout Northwest Ohio and beyond from our offices in Lima, Ohio.

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Personal Injury

How to Get and Read Your Ohio Crash Report

| Read Time: 4 minutes

After a car accident, it’s hard to know what to do to protect your rights. It’s crucial to obtain and carefully review your Ohio traffic crash report. Visit the Ohio Department of Public Safety website to obtain a copy of your Ohio traffic accident report. This document contains a wealth of information that may assist you as you seek recovery after a car accident. A qualified Ohio personal injury attorney may assist you in retrieving your State of Ohio crash report.    What Is an Ohio Traffic Crash Report? Ohio car accident reports are also called OH-1 Traffic Accident Reports. Law enforcement personnel use these reports to record the details surrounding an Ohio traffic collision. However, if the police did not report to the scene of your accident, you may file a BMV 3303 accident report in Ohio.  Do I Need an Ohio Traffic Accident Report? There is typically no requirement for Ohio residents to report their Ohio traffic crashes. However, in the event of an injury or fatality, parties must call 911. Absent personal injury or fatality, police are not required to report to the scene of an Ohio crash. Additionally, the State of Ohio does not require police to create crash reports unless the accident resulted in death, injury, or more than $1,000 in property damage.  Despite this, at the bare minimum, even if the police do not file an Ohio Department of Public Safety crash report, all parties must pull over safely and exchange information. This information includes the name, address, phone number, and registration number for the vehicles involved. You should also exchange insurance information, including the carrier information and policy number. When to File Ohio Department of Public Safety Reports Even if the circumstances of your crash in Ohio may not require an Ohio traffic accident report, you should file one. If the police do not respond to the scene of your accident, certain situations may permit you to submit your own Ohio crash report.  In Ohio, it is illegal to drive without insurance. The Ohio Revised Code 4509.06 permits an insured driver, vehicle owner, or insurance company representative involved in a motor vehicle accident with an uninsured driver to submit their ODPS crash report to the Ohio Bureau of Motor Vehicles. Filing this report may result in the suspension of the uninsured driver if the following criteria exist: Form 3303 is filed with the Ohio BMV within six months of the accident; The accident occurred in Ohio; Property damage or injury resulting from the accident amounted to more than $400; and At least three identifying facts regarding the uninsured driver match the Ohio BMV records, including date of birth, name, and Ohio driver license number.  The Ohio car accident report should also include an itemized list of the damage or injuries reported. Even if you and the other party decide to settle matters through your mutual insurance companies after the accident, it’s still important to file Ohio accident reports. Different cities and counties operate differently and may permit you to complete and file your accident report in Ohio. You may not be aware of any injuries sustained in the accident. But in many cases, injuries suffered in a crash in Ohio may not be apparent until after an examination with your doctor. Additionally, you may not fully understand the severity of damage to your vehicle until it is seen by a mechanic. How Do I Get Ohio Crash Reports? The Ohio Department of Public Safety website provides valuable information under “crash reports” to search for ODPS crash reports and other materials.  To obtain a copy of your Ohio traffic crash report, you may visit the Ohio Department of Public Safety website. In Ohio, you may get a copy of your traffic accident for free. Besides your name, additional vital information to have on hand is the date of your car accident. Your Ohio traffic accident report should come up in the search result. Following an accident, it may take up to six weeks for the Ohio Department of Public Safety to upload your car accident report into their database.  How Do I Read Ohio Traffic Accident Reports? State of Ohio traffic reports include essential information. Review these points for accuracy. The important information to confirm includes the following:  Date of the incident. Accuracy in the date of the incident is important because the time you have to file a claim in court depends on when the accident occurred.  Location of the incident. Inaccuracy in the location of the accident or description of the place may result in the incorrect assignment of fault. Personal information. The personal information of all parties involved must be accurate. In some situations, the driving record of an involved party may be relevant to the circumstances of an accident.  Photographs. Police reporting to the scene of an accident must take pictures. Therefore, if no images exist to accompany the ODPS traffic report, contact the law enforcement agency to request copies.  Collision factors. In Ohio traffic accident reports, a police officer identifies which party they believe to be at fault for the collision. Therefore, it’s essential to carefully review the police officer’s depiction of events, as this may affect the way an insurance company views your liability.  Witness information and statements. Witness statements also add essential information regarding the events surrounding the car accident.  If any information in your Ohio traffic accident report represents inaccurate details, contact a qualified personal injury attorney to review the circumstances surrounding your case.  Contact Us Aaron Bensinger of Bensinger Law provides dedicated legal services to clients throughout northwest Ohio. We understand the hardships clients face after a traumatic car accident in Ohio. Without hesitation, our firm takes on insurance companies to protect your rights while focusing on your healing. Aaron Bensinger provides impeccable attention to detail and in-depth knowledge of insurance company strategies to help clients recover what they deserve. Contact our Ohio car accident lawyers today for a free case review of your Ohio traffic...

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Personal Injury

Were You in an I-80 Accident in Ohio?

| Read Time: 3 minutes

Vehicle accidents can be traumatic and stressful no matter where they take place. No one ever expects a crash to occur. The event can leave you shaken and unsure of what to do. I-80 is a popular route and a straight shot to get from one side of the country to another. Needless to say, if you were in an I-80 accident in Ohio, you are not alone. If your accident was caused by the negligence of another person or party, you may be entitled to compensation for your injuries and property damage.  What to Do If You Were in an I-80 Accident in Ohio If you are reading this, there is a good chance that your I-80 Ohio accident has already occurred and you are trying to determine your next steps. There are a few things to consider immediately after your accident that could help make the process easier later on when you are negotiating with insurance companies or entering litigation.  We are going to assume that you probably aren’t still sitting in your vehicle in the middle of the interstate reading this. If you are, we suggest moving to a safer location. I-80 can get busy, and you don’t want to be stuck in the middle of traffic. Here are some important things to be aware of if you are in an I-80 accident in Ohio. Medical Attention Accept medical attention offered at the scene. This helps set a precedent for later on if injuries arise. It is common to not recognize pain immediately following an accident. It can sometimes take days or months for the extent of your injuries to become apparent.  Call the Police It is important to have a detailed accident report. This will make it easier in the future to prove how the accident occurred and who was at fault. The report should also include witness statements.  Do Not Admit Fault You should not lie about what happened to cause your I-80 accident in Ohio, but you should also not admit or imply fault. These statements can be used against you during settlement negotiations or litigation.  Take a Lot of Photos If you can remember to do so, it is a good idea to take photos of the scene of the accident. These should help show where the vehicles were in relation to each other, the driving conditions, and the extent of the damage. If you have already left the scene, make sure to get photos of your own injuries and the vehicle damage. Don’t Sign Anything Insurance companies are quick to offer settlements that are lower than what you actually deserve. It is important to take into account all current and future expenses that could arise when considering the amount required to cover what you have been through.  Contact an I-80 Ohio Accident Attorney The experienced Ohio car accident lawyers at Bensinger Legal are familiar with accidents on I-80 in Ohio and how to respond appropriately to get you the compensation you deserve. Insurance companies can be difficult to deal with and even intentionally intimidating. You need a confident advocate in your corner who will not settle on an insufficient amount for your injuries. Contact us today for a free consultation, and let us help you get on the road to healing.

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Personal Injury

What to Do After a Car Accident in Ohio

| Read Time: 3 minutes

If you have had the unfortunate experience of an Ohio car accident, you may be feeling irritated, devastated, and all sorts of emotions in between those two. Depending on the circumstances of your accident in Ohio, you may be entitled to compensation for your injuries, property damage, and more. Knowing the best ways to respond when you have been in an Ohio wreck can have a significant impact on how much compensation you receive. What to Do After a Car Accident in Ohio When you are in a car wreck, it can be difficult to process everything that is happening and to think ahead to things like compensation and lawsuits. However, it’s helpful to follow these steps after an Ohio wreck if your circumstances allow you to do so.  Prioritize Safety If you can safely exit the vehicle, you should do so. Check on other drivers and passengers if possible. Call the paramedics, if necessary.   Photograph the Scene Take photographs of all vehicles involved in the accident. Make sure to pay special attention to the damage to the cars. You should also take photos of the entire scene so you have proof of where all the vehicles were in relation to each other. Notify the Police It is important to have a police report to help reinforce your case. Even if you don’t think you should call the police, having the official police report could make a difference. Request an Accident Report You may need to request an accident report from the police. This report includes details about the scene of the accident that can be used as evidence. Witness statements should also be included. Accept Medical Attention You should accept any medical attention offered. Adrenalin is good at masking pain. Even though you may feel ok at the moment, you may have injuries without knowing it.  Commercial Vehicle Accident Protocol If your car accident in Ohio involves a semi-truck or commercial vehicle, make sure you get the carrier name and vehicle or trailer identification number.  Call Your Insurance Company You should reach out to your insurance company to notify them of the accident. Do not answer any questions beyond basic information, never admit fault, and do not sign anything. Ohio Is a Comparative Negligence State Your response to experiencing a car accident in Ohio is important because the state follows the law of comparative negligence/comparative fault. The concept of comparative negligence means that parties share the cost of damages from an accident in proportion to their share of the negligence. This means that even if you are partially at fault for the accident, you can still recover damages.  Having adequate proof of how the accident occurred will determine the percentage of each party’s negligence. Though you should be truthful when discussing the accident with police officers, the other driver, and insurance companies, it is in your best interest to avoid admitting fault of any kind. How to Obtain Compensation for an Ohio Car Accident If you are in an accident in Ohio that was caused by someone else’s negligence, you have a couple of options to receive compensation. The at-fault party’s insurance is responsible for the damage to the extent that they were negligent. You may also choose to have damage taken care of by your personal insurance if you have collision coverage. It is important to note that insurance companies, though they may be compassionate, are going to offer you the least amount possible as compensation. Depending on the extent of your injuries, the impact of the Ohio car accident could be long-lasting. You deserve compensation that will cover the length of the impact. Hiring an experienced Ohio personal injury attorney to handle your case and negotiation with the insurance company will give you the best chance at a fair settlement.  When an insurance company is unreasonable in its settlement offer or the policy does not fully cover your damages, you may file a personal injury lawsuit. The Ohio statute of limitations states that you must file a claim within two years of the accident.  Hiring an Ohio Car Accident Attorney When it comes to recovering damages for an Ohio car accident, it is best to seek help from someone who has your best interest in mind. Insurance companies are happy to offer quick settlements without taking into consideration the extent of future medical costs, potential lost wages, pain and suffering, and more. The sooner they can get you to sign on the dotted line, the better for them. Aaron Bensinger has extensive experience in Ohio personal injury law and understands how important it is for you to get the compensation you need to get life back to normal as quickly as possible. The car accident lawyers at Bensinger Law will review your case, investigate the accident, gather evidence, determine how much compensation you should receive, negotiate with insurance companies, and prepare for trial if necessary. Contact us today for your free case consultation.

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Personal Injury

What to Do After a Motorcycle Accident in Ohio

| Read Time: 2 minutes

Motorcycle accidents can be devastating, if not deadly. If you or someone you love has been involved in a motorcycle accident in Ohio caused in whole or in part by another party, you may be entitled to compensation for damages.  Steps to Take If You Are in an Ohio Motorcycle Accident Being in a motorcycle accident can be traumatizing. It is hard to know how to respond at the moment, but there are several things you can do that may help you receive fair compensation for your Ohio motorcycle accident. It is important to gather as much information as possible. It may be needed to prove your legal case or components of your insurance claim. Some of these things may not seem important at the time, but they could make a difference.  Evaluate injuries and if possible, move yourself and your motorcycle to the side of the road; Call the paramedics if you or anyone else involved needs immediate medical attention; Contact the police department to come out to the scene of the accident; When talking to anyone about the accident, you should feel comfortable stating the truth, but be careful not to admit or imply that you were at fault; Request a full police accident report and obtain a copy of the report; Take photos of the scene including all vehicles involved, damage to the vehicles, and photos that show both vehicles in relation to each other and the things around them; Get the contact information for the other driver and any witnesses—the police should do this as well; Receive medical attention within a few days following the accident to establish a record of any soreness or concerns; Keep a record of all expenses related to the accident, including medical treatment, time spent out of work, and property damage; Call your insurance company to inform them of the accident; and Contact an Ohio personal injury attorney to help you establish proof of damages, negotiate with insurance companies, and file a lawsuit if necessary. If your Ohio motorcycle accident has already occurred, the most important thing you can do is make sure not to admit fault, and do not accept an insurance settlement until you have spoken to an experienced motorcycle injury attorney.  Hiring an Ohio Motorcycle Accident Attorney Keep in mind that you have only two years to file a lawsuit from the time of your Ohio motorcycle accident. File an insurance claim immediately to start the process and then make sure to get the legal help you need to ensure you are properly compensated for your injuries and property damage.  The Ohio motorcycle accident lawyers at Bensinger Legal will be able to thoroughly investigate your accident and calculate the cost of your current and future medical expenses, ongoing pain, and lost wages. We are well equipped to negotiate or litigate for the compensation you deserve. Contact us today for a free consultation. 

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Wrongful Death

Ohio Wrongful Death Statute Overview

| Read Time: 3 minutes

There is nothing easy about coping with the death of a loved one, regardless of the circumstances. If you believe your loved one’s death was caused by the negligence of another person or company, you may want to learn more about the Ohio wrongful death statute to understand your options for recovery. Though no amount of compensation can alleviate your grief, it can help reduce the financial and emotional hardship of your loss.  Ohio Wrongful Death Statute The Ohio wrongful death statute is found under Ohio Revised Statute Section 2125. These claims are brought in civil court. To have a valid claim under the Ohio wrongful death statute, the death must have been caused by the wrongful act, neglect, or default of another person or party.  Wrongful act: Often considered an intentional act of violence such as assault.  Negligence: A duty of care was owed. Breach of that duty caused the action that resulted in death.  Default: Someone failed to do something they were required to do. Their failure resulted in the death. Wrongful death claims are very similar to personal injury claims and contain many of the same elements when it comes to the burden of proof and available remedies. Who Can Bring an Ohio Wrongful Death Claim? Under the Ohio Wrongful Death Statute, the personal representative of the estate can file a lawsuit. The probate court will appoint a representative if one does not exist. This representative has to be an actual person and cannot be an entity such as a corporation. The representative can bring a claim for both the estate and the family members of the deceased.  Who Can Receive Compensation? The Ohio wrongful death statute presumes that certain family members will have suffered losses in relation to the deceased. These family members include: The surviving spouse, The surviving parents, and The surviving children, including biological and adopted children. Several other states allow siblings and other next of kin to be automatically eligible for compensation. Next of kin in Ohio must prove to the court that they are entitled to relief. What Type of Compensation Is Available? Under the Ohio Wrongful Death Statute, beneficiaries may be entitled to compensation for financial loss and pain and suffering. These damages may include: Loss of future earnings from the decedent; Funeral and burial costs; Medical expenses incurred prior to death and related to the cause of death; Loss of services such as help with raising children, chores, and other tasks; Loss of companionship and all other relational aspects of having the decedent around to share life; Loss of prospective inheritance; and Mental anguish and stress incurred by surviving family members. If all surviving family members are related by the same degree, the compensation will be split evenly. Otherwise, the court will make a decision on how funds are divided. Ohio Wrongful Death Statute of Limitations In Ohio, the representative of the deceased has up to two years from the time of death to file a wrongful death claim. If it was unknown that the death was caused by a wrongful act, the representative has two years from the time the wrongful or negligent act became known.  Though two years may seem like an adequate amount of time, it is important to file a claim as soon as you are comfortable. This will make it easier to obtain the necessary evidence to benefit your case. How Can a Wrongful Death Attorney Help? Trying to cope with the loss of a loved one while simultaneously navigating the court system is sure to be stressful and overwhelming. An experienced Ohio wrongful death attorney will be able to guide you through the process from start to finish. Here are some of the ways an attorney can be beneficial: Evaluate the merits of your case so you can be assured that you are doing the right thing by filing a claim; File the proper paperwork, and follow all necessary and timely legal procedures so you don’t have to worry about them; Conduct a full and thorough investigation into the wrongful death claim to gather evidence for your case; Negotiate with insurance companies for appropriate compensation; Determine how much compensation beneficiaries should receive for the death of their loved one; and  Prepare and conduct trial proceedings should the need arise.  You don’t have to do this alone. Choose experienced and compassionate guidance to help you receive the compensation you deserve. Contact Aaron Bensinger for a free consultation.

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