Attorney Portrait Personal Injury

Filing a Texting While Driving Accident Lawsuit in Ohio

| Read Time: 3 minutes

Unfortunately, distracted drivers, such as those texting while driving, cause accidents every day in Ohio. The victims of a distracted driving accident may suffer substantial property damage, severe medical injuries, and in some cases, death. In 2021, distracted driving violations occurred in every Ohio county and amounted to 11,624 violations.   We can’t control the behaviors of drivers around us. Despite your vigilance while driving and all your practices to travel safely on roadways, you may suffer an accident due to a distracted driver. When this happens, you have a right to recover compensation for your losses. An experienced Ohio car accident lawyer understands what it takes to file a texting while driving accident lawsuit in Ohio and can help you obtain just compensation.  Ohio Laws Regarding Texting While Driving Ohio Revised Code Section 4511.204 makes it illegal to use an electronic wireless communications device—such as a smartphone—to send, write, or read a text message while operating a vehicle. The law applies to any roads open to the public and includes all cell phones and laptop computers.  There are exceptions to this law. For example, if a driver is experiencing an emergency, they may use a cell phone to contact emergency services.  A violation of the Ohio texting while driving laws often leads to an accident lawsuit when injuries and damages result. However, don’t pursue a lawsuit alone. Retaining a qualified personal injury attorney helps you obtain the compensation you need to cover your losses.  What Do I Need to Prove in a Texting While Driving Claim? Many car accidents result from the negligent conduct of the at-fault driver. However, establishing negligence is complex and requires the assistance of an experienced personal injury attorney. To prove negligence, you must show the four elements of negligence.   Duty All drivers on the road owe a duty of care to drive safely. All drivers owe a duty of care to obey all laws about the operation of their vehicle.  Breach  A breach occurs when a driver fails to operate their vehicle reasonably. For example, a driver that violates Ohio’s driving laws by texting while driving would arguably constitute a breach of this duty.  Causation  The driver’s failure to fulfill their duty must have caused your injuries. In other words, the driver’s behavior of texting while driving caused the accident and your injuries.  Damages The breach of duty must cause the victim to sustain losses—otherwise called damages—for their claim to succeed. If no losses occur, you won’t have a compensable case. Negligence Per Se Negligence per se literally means “negligence in and of itself.” A person commits negligence per se if they break a law designed to protect against the very damages caused by the defendant’s conduct. In other words, if Mary breaks a law and causes damage to Pat, Mary has committed negligence per se. There is no need to prove negligence in such a case: it is presumed because Mary broke the law. When a driver causes a car accident due to texting and driving, this conduct directly violates Ohio laws and is, therefore, negligence per se.  However, it is not easy to prove negligence per se without supporting evidence. For example, if a police officer responds to the scene and cites the driver for texting while driving, your attorney may use this citation as evidence of negligence per se.  What Is Comparative Negligence?  One factor may limit your recoverable damages against an at-fault driver. Under Ohio Revised Code Section 2315.33, a court may reduce a plaintiff’s damage award by the percentage of the plaintiff’s fault. The statute also permits a jury to completely bar a plaintiff from recovering damages if they are determined to bear more than 50% of the blame for the accident.  Therefore, while comparative negligence may not wholly bar you from recovery, it may impact your compensatory award. For example, let’s say the at-fault driver was responsible for an accident amounting to $300,000 in damages. If the plaintiff is determined to be 20% at fault for causing the accident, compensation is reduced to $240,000, or 80% of $300,000.  Statute of Limitations  Ohio law also provides a two-year statute of limitations for filing car accident claims. This means that you have two years to file your lawsuit from the date of your accident. Failure to do so may bar you from recovery. No matter how strong your case, if you miss this two-year deadline, the statute of limitations will bar recovery. Contact Us  Aaron Bensinger, lead attorney at Balyeat, Leahy, Daley, Miller & Bensinger, LLC., understands the stress you may be under after suffering injuries in a car accident. Establishing fault is the key to obtaining just compensation for your losses. Aaron Bensinger won’t hesitate to take your case to trial and is seasoned in the art of negotiation. With extensive experience representing personal injury victims, our firm knows how best to help you. We can give you the answers and assistance you need to move forward. Contact us today for a free case review!

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Attorney Portrait Personal Injury

Car Accident Lawsuit Process in Ohio

| Read Time: 4 minutes

If you suffered injuries in a car accident due to the fault of another, you have a right to seek compensation for your injuries. However, obtaining compensation is usually not a quick process after a car accident. It’s best to ensure that you know all aspects of your injuries and damages before finalizing your claim. An Ohio car accident lawyer helps to ensure that you complete all necessary steps in your car accident claim process, so you can obtain the just compensation you deserve.   What Are the Steps of the Car Accident Lawsuit Process in Ohio?  Multiple steps make up vital elements of the car accident lawsuit process in Ohio. Failure to complete all steps in the process of a car accident claim may negatively impact the value of your final award or settlement.    File a Police Report  Ohio residents have no requirement to file a police report after a car accident. Police are not required to report to the scene of a car accident absent death, injury, or property damage exceeding $1,000. However, in case of an injury or fatality resulting from a car accident, you must call 911. Police accident reports provide your attorney with a reporting police officer’s unbiased viewpoint on the facts surrounding the car accident. Additionally, it may include a police officer’s assessment of fault in the accident.  Even if the police do not respond to the scene, it’s essential to obtain the following information to the best of your ability, including: Name, address, and phone number of all parties involved; Insurance information of parties involved; Name and contact information of all witnesses to the accident; and Photographs of the accident scene. If the police do arrive at the scene of your accident, be sure to obtain the accident number and reporting agency. The availability of accident reports may be subject to each agency’s timelines. An accident report provides valuable information throughout the car accident lawsuit process in Ohio. If you have trouble obtaining a copy, your personal injury attorney can assist you.  Seek Medical Care  It’s vital to seek medical care immediately following a car accident. Even if you believe you escaped the accident unscathed, many devastating injuries present themselves in the hours, days, or even weeks following an accident. Failure to get a complete medical evaluation and receive medical care may affect the car accident claim process.  Your personal injury attorney also uses medical records to calculate the value of your case.  Schedule an Attorney Consultation Speaking with a qualified personal injury attorney expedites the start of the car accident lawsuit process in Ohio. The statute of limitations for personal injury claims in Ohio is two years from the accident date. Once the statute of limitations has run, the law bars you from seeking recovery. Your personal injury attorney can help you ensure that you file all necessary documentation before the statute of limitations runs out.   Case Investigation  Once you hire an attorney, they begin investigating the facts surrounding your case. An investigation includes interviewing you about your recollection of the accident and reviewing all your saved materials since the accident. All this provides your attorney with a clearer view of what transpired when your accident occurred.   Demands for Settlement  Once your attorney completes the initial assessment of your case, they may craft a demand letter to the insurance company or third party outlining your claim. A demand letter includes all compensatory damages you seek under Ohio law, including economic and non-economic damages. Economic damages represent tangible and economic losses, including: Medical expenses,  Property damage, and  Lost wages.  Non-economic damages represent intangible, subjective losses, including:  Emotional distress,  Loss of companionship,  Disfigurement, and Loss of enjoyment of life.  Non-economic damages are complicated to value. Insurance companies often fail to acknowledge non-economic damages as a part of your claim. However, these damages comprise a vital aspect of your compensatory award. Failing to include them could hinder your recovery process and prevent you from recovering the financial support you need after an accident.    Negotiation Another step in the process of filing a car accident claim includes negotiation. In this stage, your attorney works to reach an advantageous agreement with the other party and their insurance company.  Your attorney must keep you informed of all progress in the negotiation process. One of the key advantages to reaching a settlement agreement through negotiations is avoiding. Trials extend the time it takes for you to receive compensation. Reaching a satisfactory settlement amount means that you receive compensation faster than waiting on a judgment from a trial.  Most lawyers know that in some situations, parties cannot reach an agreement. When it becomes clear that the parties cannot settle, your attorney will file a car accident lawsuit and take your claim to trial. How Can a Lawyer Help Me? Understanding all that is required when moving through the car accident lawsuit process in Ohio is complicated without a lawyer. The sooner you involve an attorney, the stronger a case they can build on your behalf. Aaron Bensinger of Bensinger Legal Services knows you may be feeling fear, uncertainty, and stress as you attempt to make sense of the car accident claim process. Choosing the best car accident lawyer for you can be a challenge. Aaron Bensinger takes an aggressive stance with insurance companies and won’t hesitate to take your case to trial to obtain the just compensation you deserve. Bensinger Legal Services provides exceptional service for car accident victims and is here to help. Contact our office today for a free case evaluation!

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Attorney Portrait Personal Injury

Should You Trust an Allstate Car Accident Settlement Calculator?

| Read Time: 4 minutes

Technology has infiltrated practically every area of our lives. Most often, technology serves to provide convenient solutions to everyday problems.  Unfortunately, technology may do more harm than good when it comes to insurance claims. While efficient, using an Allstate car accident settlement calculator can result in lowball settlement values, leaving victims without adequate compensation for their injuries.  A qualified personal injury attorney understands the deficiencies of an Allstate settlement calculator and knows how heavily insurance companies rely on these calculators in their claims process. Your attorney can fight for the settlement amount you deserve. What Is a Colossus Personal Injury Calculator?  Allstate relies heavily on Colossus software to determine the value of car accident claims. A Colossus personal injury calculator is a software program that calculates settlement values for car accident claims for many insurance companies. Insurance companies use the Colossus personal injury calculator to standardize claims, and it saves them money on payouts. Unfortunately, for the sake of speed, the calculator leaves out vital information that may fail to provide a complete picture of one’s injuries. In other words, the purpose of the Colossus personal injury calculator is not to obtain a fair settlement value but, instead, to drive down settlement values to save insurance companies money.  How Does the Colossus Insurance Settlement Calculator Work? The Colossus insurance settlement calculator gathers preliminary information before entering the injury data. For example, the software program analyzes whether your attorney has a record for taking cases to trial or preferring to settle for the best offer. The program also considers the jurisdiction where your case occurs. Most importantly, the program provides “points” for the severity of injuries suffered by each victim, and acquiring more points provides a more favorable settlement value.  However, it’s important to note that the Colossus personal injury calculator fails to account for a large portion of the tens of thousands of ICD-9 codes used by doctors. The ICD-9 provides codes for diagnoses and procedures related to the hospitalization of victims. Without including all ICD-9 codes, the Colossus software cannot provide a complete and accurate record of a victim’s injuries and medical needs.  How Could a Colossus Insurance Settlement Calculator Affect My Claim? The way that a Colossus insurance settlement calculator gathers data often leads to shortcomings in getting a complete picture of your claim. It operates on a points system, and fewer points provide a less favorable result for your claim. This means that a lot can ride on how detailed your doctor’s reports are. For example, if your doctor does not list every injury in your medical chart, the Colossus personal injury calculator may label you as “less injured.” The Allstate Colossus calculator can also classify diagnoses and injuries incorrectly. For example, leg fractures are all organized together. However, a broken femur may create more complications or long-term issues than a broken ankle. A severe break of the most prominent bone in your body, the femur, often requires months of rehabilitation and the possibility of more permanent injury. Yet it is grouped with less serious injuries. Additionally, since a computer operates the Allstate settlement calculator, there is no way to include such crucial subjective and non-economic damages as the following: Pain and suffering,  Emotional distress,  Disfigurement, and Permanent disability. These damages affect each injured victim differently. Based on this, they are excluded from the Allstate Colossus calculator. However, the importance of non-economic damages such as these cannot be overlooked or excluded from a compensatory award.   What Can I Recover After a Car Accident? Compensatory awards vary from person to person but are one of the most important aspects of your recovery. Compensation enables victims to remain financially supported if they are unable to work. Additionally, compensation helps pay for extensive medical procedures, therapy, and rehabilitation. Recoverable damages in Ohio are separated into two categories: economic and non-economic damages.  Economic Damages  Economic damages represent quantifiable, financial losses including the following: Medical expenses,  Lost wages,  Loss of earning capacity, and Property damage. Economic damages are typically proven through evidence like medical bills, pay stubs, and invoices. Therefore, it’s crucial to maintain all receipts and records related to your accident for the calculation of economic damages.  Non-Economic Damages  Non-economic damages represent subjective and intangible losses. These damages do not relate directly to financial losses and include the following: Pain and suffering,  Emotional distress,  Loss of consortium, Disfigurement, and Loss of enjoyment of life. Non-economic damages include those losses that account for the emotional and psychological pain associated with your injuries. For many, these damages represent lifelong injuries that may never heal. There is no such thing as an Allstate pain and suffering calculator. In fact, insurance companies often neglect these important damages in crafting their settlement offers. That’s why it’s so important to have an attorney to help you calculate these damages. Punitive Damages  Punitive damages are awarded only in extreme cases. The intent of punitive damages is not to compensate the victim but rather to punish the negligent party. It’s important to recognize that no Allstate Colossus calculator includes punitive damages in its calculations, as these may only be awarded by a court of law. However, it’s important to clearly determine whether punitive damages may be an option in your situation. Only a qualified personal injury attorney can provide you with this information.  Contact Us When it comes to personal injury, Attorney Aaron Bensinger of Bensinger Legal Services has worked diligently for years focusing his practice in this area of law. Aaron focuses not only on the case but on the client. Recognizing that each case represents its own unique facts and circumstances, Aaron prioritizes getting your life back on track by working to obtain just compensation for your injuries.  Dealing with Allstate and other insurance companies can be intimidating. Through pressure tactics, insurance companies try to get people to accept low settlements so that they can protect their bottom line.  Unfortunately, an Allstate settlement calculator never fully grasps the gravity of your injuries and losses. That’s why you...

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Attorney Portrait Personal Injury

Ohio Car Accident Statute of Limitations Overview

| Read Time: 3 minutes

After a car accident, you may have filed a personal injury claim through an insurance company based on the other driver’s fault. You may have assumed that the insurance coverage would provide you with adequate compensation for your injuries. But what if it doesn’t? What if the injuries you suffered continue to cause pain and disruption to your life, even months after the accident? In this unfortunate scenario, you may consider filing a personal injury lawsuit against the at-fault driver. It’s essential to retain the services of a car accident attorney to ensure you don’t miss the statute of limitations for a car accident in Ohio.    What Is a Statute of Limitations?  The statute of limitations specifies the period of time in which you may file a claim or lawsuit for a particular action. The time allowed under a statute of limitations varies depending on the type of case. However, most statutes of limitations concern civil cases, like claims for personal injury, wrongful death, or contract violations. The importance of a statute of limitations deadline cannot be understated. If you miss the period to file your lawsuit due to the expiration of the statute of limitations, you will most likely be barred from seeking recovery for your losses.  What Is the Ohio Car Accident Statute of Limitations?  The statute of limitations for a car accident in Ohio is two years from the accident date. While there is no specific Ohio car accident statute, Ohio Revised Code Section 2305.10 provides that the statute of limitations begins running on the accident date. Two years may seem like plenty of time to pursue a lawsuit against the at-fault party. However, your injuries can cause you to lose the ability to work and other long-term effects, so you may have a lot of other things on your mind after an accident. It’s imperative to contact a personal injury attorney as soon as possible to move forward with your claim. Missing your opportunity to seek compensation for a disruption to your life—one that was caused by the negligent actions of someone else—may be catastrophic to you and your family. Without the necessary financial support, you may find it challenging, if not nearly impossible, to heal physically and emotionally.  Does the Statute of Limitations for a Car Accident in Ohio Stop Running When I File an Insurance Claim?  It’s important to remember that filing a claim with an insurance company does not “toll” or temporarily pause the statute of limitations. In other words, filing a claim with the insurance company does not mean you have preserved your right to file suit under the statute of limitations; making a claim and filing a lawsuit are different processes. Some insurance adjusters may purposely extend negotiations to your detriment. Extended negotiations delay a settlement while, in the meantime, the statute of limitations for your car accident in Ohio may run out. Additionally, don’t think you should wait to file your lawsuit until your injuries heal. In some situations, injuries resulting from car accidents last months and even years. If you wait for your injuries to resolve, the statute of limitations will likely run out, barring you from filing suit. What Should I Do After an Accident? The aftermath of a car accident represents a particularly traumatic experience. Time may go slow or fly past as you try to make sense of what just occurred. It’s easy to miss or forget details in the days following a car accident. That’s why, if you’re able, you should try to record as much as you can in the minutes following a car accident. If possible, collect the following information:  The other driver’s insurance information, The other driver’s contact information,  The names and contact information for any witnesses.  Your personal injury attorney uses this basic information to gather the facts surrounding your case. When it comes to insurance adjusters, it’s best to wait until you’ve obtained legal representation to speak to them about your injuries or property damage.   How Can an Attorney Help Me? Aaron Bensinger is an Ohio attorney ready to help you. With extensive experience in the fields of personal injury and civil litigation, Aaron works tirelessly to represent your rights. He understands the financial and emotional stress you are under, and he works to obtain fair compensation on your behalf so you can focus on your recovery. Aaron takes an aggressive approach with insurance companies and attorneys. He won’t hesitate to take your case to trial if the insurance company refuses to offer a fair settlement. Understanding personal injury, including the statute of limitations for a car accident in Ohio, probably feels overwhelming. Remember, you don’t pay unless you recover, so contact us today for a free consultation to find out how we can help you. 

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Attorney Portrait Personal Injury

Average Slip and Fall Settlement Amounts in Ohio

| Read Time: 4 minutes

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. 

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Attorney Portrait Personal Injury

Average Settlement for a Herniated Disc Car Accident Injury in Ohio

| Read Time: 4 minutes

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!  

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Wrongful Death

Filing a Wrongful Death Lawsuit in Ohio

| Read Time: 3 minutes

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.

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Personal Injury

How To Get Your Montgomery County Car Accident Report

| Read Time: 4 minutes

After a car accident in Montgomery County, Ohio, an accident report serves as a crucial piece of evidence memorializing the event. If you suffer injuries or property damage, you probably want to recover compensation from the at-fault party. Your accident report provides an unbiased account of a reporting law enforcement officer’s observations of your accident. Read on to learn how to get a copy of your Montgomery County accident report and why this report is so important.  Different Ways to Get Your Montgomery County Accident Report  The Montgomery County Sheriff’s Office provides two ways to obtain a copy of your accident report. The most direct way to retrieve your accident report is through the State of Ohio online database. In Ohio, Montgomery County accident reports are typically available approximately 72 hours after the event. Look up the crash by the following information:  Date of occurrence, County of occurrence, or  Reporting agency.  The search results may populate an exhaustive list of all accidents occurring in Montgomery County on that date. Once you find your report, you are free to download it directly from the State of Ohio database for no charge.  If photographs or witness statements were taken at the scene of your accident, this evidence isn’t included in the State of Ohio copies of your Montgomery County accident report. However, any photographs and witness statements may provide crucial evidence in support of your claim. You can retrieve this additional evidence directly from the Montgomery County Sheriff’s Office through their online request form. The information required includes:  Name, Email address,  Phone number,  Address,  Report number,  Crash date, and Location of the crash.   It’s important to note that if your accident occurred on private property, or if only an exchange of information was completed, you cannot use the State of Ohio database to find your Montgomery County accident report.  Request a Copy of Your Accident Report How to Read Montgomery County Accident Reports A Montgomery County car accident report provides a wealth of information that can be incredibly confusing to understand. It’s critical to review the information contained in your Montgomery County Police accident report to ensure its accuracy.  Crash Page OH-1  The first page of your crash report provides basic information such as the date, time, and location of the accident, in addition to any photographs accompanying the report. The middle portion of this report describes weather conditions and the type of collision that occurred. The Montgomery County, Ohio accident report includes a section for the reporting officer to create a narrative of events.  Crash Page OH-1U The next page of Montgomery County car accident reports provides the identifying information of the parties and the type of vehicles involved in the accident. This information can be incredibly useful for your personal injury attorney in filing a lawsuit. For example, if you suffered injuries so severe you were unable to get the contact information of other parties involved, there’s no reason to fret. All that information should be in the accident report.  A reporting law enforcement official also identifies any damage to vehicles. This information connects your claim for compensation to the damages observed immediately following your car accident.    The reporting officer identifies how the accident occurred and the existence of any contributing factors to the accident, such as speeding or failing to adhere to traffic signals.   Crash Page OH-1M This page includes information about motorists or non-motorists involved in the crash. Non-motorists include pedestrians and bicyclists. Along with their contact information, the report also includes a section identifying any injuries and whether they were transported for medical treatment.  The last page of the Montgomery County accident report is for identifying any additional occupants and the contact information for witnesses.  Considering the wealth of information that may be included in your Montgomery County accident report, you should always remember to request that an officer be sent to the scene of your accident. When an officer reports to the scene of an accident, they must create this accident report. Even if you think you didn’t suffer any injuries or incur any property damage, the accident report memorializes vital information surrounding your accident that may become useful later.   What Should I Do After an Accident? After the traumatic experience of a car accident, many people can’t think of what to do next. However, if you can, it’s important to remember these important steps to follow after a car accident:  Remain at the crash scene; If you are able, check yourself and others for injuries; Contact law enforcement and request assistance; Exchange contact and insurance information with other involved parties;  Seek medical attention; and Take photographs of the scene, your vehicle, and other property damage.  The experience of a car accident boosts your adrenaline and may trick you into believing you are free of injury. Even if you feel you escaped your accident unscathed, seek medical attention anyway. Serious injuries such as whiplash may lead to more serious spinal and tissue damage if left undiagnosed.  Why Do I Need an Attorney?  Following a Montgomery County accident, the furthest thing from your mind may be retrieving your accident report. This is how a qualified personal injury attorney can assist you. Aaron Bensinger of Balyeat, Leahy, Daley, Miller & Bensinger, LLC, focuses on personal injury and civil litigation and provides superior legal representation to his clients in their time of need. Without hesitation, Aaron will take your case to trial and never backs down in the fight against insurance companies. A personal injury can be devastating and overwhelming. As life goes on around you, you may feel like you’ll never get back on track. Contact Attorney Aaron Bensinger today for compassionate legal representation so you can turn your life around. Contact us today for a free case evaluation.  

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Personal Injury

How to Get Your Allen County Accident Report

| Read Time: 3 minutes

After a car accident in Allen County, obtaining a copy of your accident report is an important piece of evidence that may affect the outcome of your claim. A law enforcement officer reports to the scene of your accident and creates an accident report based on their unbiased observations. In some reports, a police officer may even identify the at-fault party.  It’s common to be uncertain about specific details related to your accident. It’s even more common to forget. Unfortunately, it’s these important details that provide the most support to your claim for compensation. Luckily, an Allen County accident report includes this important information you may have forgotten or been too injured to retain. There are multiple ways to obtain a copy of your accident report. Enlisting the help of a personal injury attorney can assist you in obtaining a copy of your accident report.  How to Get Allen County Accident Reports in Person  A direct way to retrieve a copy of Allen County, Ohio Sheriff’s accident report is in person at the Sheriff’s Office Records Bureau. The Sheriff’s Office is located at 333 N. Main Street, Lima, Ohio 45802. You may pick up your report between 8:00 AM and 4:00 PM, Monday through Friday.  The Allen County Sheriff’s Department charges a fee of $0.04 per page for your car accident report. If the officer reporting to the scene of your accident also took photos to accompany your report, a copy of these photographs can either be emailed to you for no charge or transferred to a CD for a $10 fee. If photographs exist, these may strengthen your claim for recovery in a personal injury lawsuit. Your personal injury attorney can use photographs to help prove essential elements of your claim.     How to Get Your Allen County Accident Report by Mail You may also request Allen County, Ohio accident reports by mail or fax via the Sheriff’s website request form. Be sure to provide all required information to streamline the search for your report.     How to Get Your Allen County Accident Report Online  You may also obtain a copy of your Allen County, Ohio accident reports online via email to the Allen County Sheriff’s Department. Email all requests to records@acso-oh.us. Upon receipt of the request, an Allen County records clerk looks up your accident report and emails it back to you at no cost.  Request a Copy of Your Accident Report What Information Do I Need to Provide?   All requests submitted to the Allen County Sheriff’s Department must provide certain information. Be sure to include the following information in your request:  Report number if available,  Date of occurrence,  Names of those involved, and  Location of the accident.  Missing information may delay your request. If at all possible, obtain as much information as you can at the scene of your accident, so you can quickly request a copy of your accident report once it’s available.   How Do I Find My Allen County Accident Report Number?  Don’t worry if you can’t remember or can’t quickly locate the report number for your Allen County accident report. Fortunately, the state of Ohio provides a database record of all crashes for the past five years.  Even if you don’t know the exact date of your accident, the database populates a list with a date range. Be sure to identify the Allen County agency as the reporting law enforcement group. Search through the Allen County accident report list, paying attention to the details provided such as:  Crash date,  Location,  Agency, Jurisdiction, and Crash severity.  If a report sounds familiar, you may also view the report to determine if it’s yours. Once you find it, you can download a copy directly from the Ohio Crash System. Contact Us Attorneys Aaron Bensinger and Christopher Jackson of Balyeat, Leahy, Daley, Miller & Bensinger, LLC, have focused their practice on personal injury and civil litigation matters to assist clients in their times of need. Our attorneys fully grasp the fear and uncertainty you may be facing in the days, weeks, and months following a car accident. You may wonder how to handle your mounting expenses while focusing on your physical recovery. Talk to our team to find out how we can give you the support you need. Contact our office today for a free case evaluation and let us help you get on the road to recovery!

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Attorney Portrait Personal Injury

Average Ohio Uber Accident Settlement

| Read Time: 4 minutes

Rideshares like Uber and Lyft have exploded in popularity in recent years. Gone are the days when you had to call a surly taxi cab dispatcher, wait for who-knows-how-long for that yellow cab to arrive, and then realize the driver takes only cash at the end of the ride. Today, you use an app on your phone, know exactly how long it will take for your ride to arrive, and can always pay with your debit or credit card. By far the most ubiquitous rideshare service in the world is Uber. Lyft is a close competitor, but no name is as synonymous with ridesharing as Uber. Car accidents are inevitable, and Uber’s drivers are no exception. With the rising popularity of Uber, we are seeing more and more Uber-related car accidents. If you are in one of these accidents, it isn’t always clear who is liable for the accident. Is it the driver, or is it Uber? The truth is, it depends on what happened in the accident. In any case, if you were hit by an Uber or hurt during a ride, you will want to file a claim with the responsible party’s insurance provider. If their insurance policy can’t cover the accident, you will need to hire a lawyer and potentially file a lawsuit. Is There an Average Uber Accident Settlement? Many of our Uber crash lawsuit clients ask us about the average Ohio Uber accident settlement. This isn’t an easy question to answer. In fact, the only real answer that we can provide is that there is no average Ohio Uber accident claim. At Bensinger Legal Services, we value honesty and open communication. That’s why we will never lie to you. If we tried to give you an average Uber settlement amount, we would be lying to you. If you are curious as to why there is no average Uber settlement, read on for more information. Why Is There No Average Uber Accident Settlement? At the end of the day, there is no average Uber accident settlement because every Uber accident lawsuit is different. Why? Because every accident is different. There is no average car accident or Uber accident, so there is no average Uber accident settlement amount. In any given car accident, there are a seemingly infinite number of different factors that can come into play. Each of these factors can impact a settlement’s value.  The damages you suffer as a result of the accident are probably the most important of these different factors, but not the only one. Individuals can also have a huge impact on a settlement value. Different lawyers use different strategies in calculating and seeking damages. Similarly, different attorneys will negotiate differently depending on whom they are negotiating with. Even the amount of resources that a defendant is willing to use to fight the claim will inevitably impact the settlement value. Just like no individual is the same, no Uber accident is the same. Thus, there is no “average” to compare each claim to. Uber Driver Liability Insurance Luckily, Uber insures all its drivers—at least in certain circumstances. Uber’s liability insurance covers its drivers when they have passengers in the car, when they are available or waiting for a ride request, and when they are en route to pick up riders. Uber also requires drivers to maintain their own liability insurance policy in conjunction with their state’s requirements. Unfortunately, liability insurance isn’t always enough to fully cover all accidents. So if your accident’s total damages appear above the following limits, you will have to hire an attorney to help recover the damages and file a lawsuit if necessary. There are two tiers of insurance that Uber gives its drivers. The first applies when a driver is available or waiting for a ride request. In those instances, an Uber driver is covered as follows: $50,000 in bodily injury liability coverage per individual person, $100,000 total in bodily injury liability per accident, and $25,000 total in property damage liability per accident. It is important to note that in these instances, Uber’s own insurance policy applies only if a driver’s own liability policy is insufficient. The second tier of Uber’s provided driver insurance applies when a driver is on their way to pick up a rider and during the ride itself: $1,000,000 in total third party liability and  Comprehensive coverage and collision coverage up to the real cash value of an individual vehicle (with a $2,500 deductible). For certain vehicles, the deductible on the collision coverage is $1,000. If your damages appear to exceed these values, you need to hire a lawyer to get the full compensation that you deserve. Bensinger Legal Services Is Here for You The only way to get an accurate estimate of your Ohio Uber accident settlement amount is to seek the help of an experienced car accident attorney. Ideally, your lawyer will be one who has specific experience with rideshare accidents. The team at Bensinger Legal Services has that experience, and we are happy to share our expertise with our clients. Aaron Bensinger, the founder of our firm, started the firm to help people get their lives back on track after a serious injury. Filing an accident claim can feel like a daunting and lonely process, but there is no reason for you to go it alone. At Bensinger Legal Services, we will fight with every tool we have to recover the full amount of compensation that you deserve. Let us worry about your case, so you can focus on healing. Don’t wait: call Bensinger Legal Services today for your free consultation.

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