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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Attorney Portrait Personal Injury

Do Ohio Accident Settlement Calculators Really Work?

| Read Time: 4 minutes

If you were in an Ohio car accident and need to recover damages outside the scope of a basic insurance claim, you are probably considering filing a lawsuit. In your search for more information on car accident settlements, you probably want to know how much your accident claim is worth. You likely have come across some sort of auto accident settlement calculator. Car crash settlement calculators are popping up more and more these days. The proprietors of these car accident lawsuit calculators claim that they can accurately predict how much an individual accident settlement is worth. Car accident injury settlement calculators might seem like a godsend. After all, you don’t have to hire a lawyer. Just plug in the information and get a value in return. But you may be wondering,  Do these car accident estimate calculators really work? Unfortunately, the answer is a resounding “No.” We at Bensinger Legal Services put together this piece to provide a bit more information on car accident settlement calculators to explain why they may mislead you. Why Don’t Car Wreck Settlement Calculators Work? Car accident settlement amounts calculators cannot accurately predict the value of your claim because no two car accident claims are the same. There are a seemingly infinite number of factors that can impact any civil settlement’s value. At the most basic level, car accident settlement calculators simply cannot account for all the relevant facts, circumstances, and other factors that will impact your claim and subsequent settlement.  What Factors Impact a Typical Settlement? As noted, there is a seemingly endless number of factors that impact car accident settlement values. Some of those factors play more of a role than others. By far, the most important factor is damages: the type of damages suffered, the extent to which those damages affect you, and how well you document those damages play a crucial role in your case. While there are other factors at play—including who the different parties to the settlement are—nothing has as much impact as damages. Damages As the most important element in the value of a civil claim, it is important to understand damages as a whole. Damages include any and all demonstrable harmful effects that you suffer as a result of the accident. Damages are typically split into two separate categories: economic damages on one hand and non-economic damages on the other. Economic damages are those that are concrete and have an objective, quantifiable value. Things like the cost of repairing your car are economic damages. You can look at an invoice or estimate of the cost of repair and objectively prove that damage. Similarly, economic damages include costs of medical care and lost wages. With all these damages, you have a verifiable, quantitative value that you can demonstrate in court. At best, car accident settlement amount calculators are good at adding up those amounts, but they are no better than the calculator on your phone. Non-economic damages do not have a quantifiable value and are inherently intangible. Things like pain and suffering, emotional trauma, and the loss of use of a bodily function are all non-economic damages. While you can put a verifiable price on the cost of mental health treatment—which is an example of economic damage—the linked non-economic damage you suffer in that event is the trauma itself. That trauma, often called pain and suffering, is a non-economic damage, and it is hard to measure. Lawyers know how to take into account various factors that play into non-economic damages because they have experience in doing so. Car accident settlement calculators simply cannot accurately gauge the value of non-economic damages. The Parties Involved The parties to a given claim can also have a large impact on any car accident settlement. Everybody is unique. Everyone has their own personal biases, concerns, and situations. All those factors can come into play in settlement negotiations. A defendant in one case may fight your claim, or aspects of it, much more than another defendant.  Whether the difference in actions is based on their feelings about the accident or how much money they are willing to use to fight the case is impossible to predict. And the parties involved are not just you and the defendant. There are also the lawyers, the insurance adjusters or representatives, the police officer at the scene, and the judge overseeing your case. Even the exact same claim, with the same attorneys and parties involved, can come to a different conclusion depending on the day. There is absolutely no way for auto wreck accident settlement calculators to accurately take these factors into account. How Can I Get an Accurate Estimate If I Don’t Use an Auto Accident Payout Calculator? If you want an accurate estimate of the value of your Ohio car accident claim, your best option is to discuss the case with an experienced attorney. While attorneys cannot predict everything with 100% accuracy, they have the experience and tools necessary to take many different factors into account. Take non-economic damages, for example. Courts often calculate non-economic damages by multiplying the total economic damages in a given claim by a particular number, usually between 1 and 5. The multiplier used will depend on the extent of the non-economic damages. A lawyer who has seen cases with similar non-economic damages can give you an educated prediction as to those damages’ value by drawing on that experience. Similarly, lawyers are familiar with different car insurance companies and how they operate. One insurance provider might place more value on settling quicker than another. At the end of the day, your lawyer is the best option for getting an estimate because they know from experience how much money your case is likely worth. Bensinger Legal Services Can Help with Your Estimate If you’d like an accurate estimate of the value of your accident claim, Bensinger Legal Services is here for you. Our car accident attorneys help clients get the most out of their auto accident claims every day. The first step we...

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Personal Injury

How to Get Your Akron Accident Report

| Read Time: 3 minutes

Being involved in an accident can be a traumatic event for most people, even when injuries are minor. If you were involved in an accident and need to obtain a copy of your Akron accident report, there are several different ways you can request it. Some methods could be more complicated than others, which is where an Akron car accident lawyer can help. Akron recently changed systems, so your retrieval method will vary based on the date of your accident. If your accident occurred on or later than May 11, 2021, the procedure is different from what it previously was. How to Get Your Accident Report in Person For accidents that occurred on May 11, 2021, or later, you can walk into the Akron Police Department during business hours. We’ve listed the address later in this article. How to Get Your Accident Report by Mail If you want to request your police report by mail, you will need to include a self-addressed, stamped envelope with your request. The Akron Police Department will not mail your report back without it. The address to mail your request is the same one you would use for walk-in requests. How to Get Your Accident Report Online Requesting an Akron police report online can only be done for accidents that occurred before May 11, 2021. The record you request online will not display some specific information. Personal information that won’t appear in the online record search includes your: Social Security Number, Phone number, Date of birth, Driver’s license number, Email address, Employment hours, Medical information, and Social media accounts. Some of this blocked information will not affect you. For instance, you already know much of this identifying information. But if you want a complete, official report or one that is for a more recent accident, you can email the Akron Police Department Records Room at APDRecords@akronohio.gov or call them at 330-375-2950. Request a Copy of Your Accident Report How Much Does an Accident Report in Akron Cost? There is no published cost associated with requesting an accident report through the Akron Police Department. If it’s necessary to pay a fee, the customer service representative will provide you with a fee schedule. If you plan to request your report by mail, you must prepay postage by sending a self-addressed, stamped envelope. Where Is the Akron Police Department Located? The Akron Police Department is at 217 South High Street, Room 208, Akron, Ohio. Business hours for walk-ins are Monday through Friday from 7:30 AM to 4 PM.   How to Read Your Accident Report When you initially look at an accident report, it may seem confusing. However, if you break down the text, you’ll quickly realize it provides valuable information that can benefit your personal injury claim. Accident reports contain all essential information such as names, contact information, type of accident, vehicle information, conditions at the time of the accident, and how severe the crash was. As you read through the report, you’ll find more detailed information on the collision, including a description of the damages, any sustained injuries, how the crash occurred, and any associated circumstances. The responding officer will list all involved parties, including witnesses. They will also note whether anyone was tested for alcohol or drugs, or if there was any suspected impairment. Contact an Akron Car Accident Lawyer If you sustained injuries in your Akron auto accident, pursuing a claim against the at-fault party can be challenging. At Bensinger Law, we understand how stressful and traumatic an accident can be. We have years of experience fighting insurance companies to get our clients the compensation they deserve after an auto collision. To learn more about how we can help, contact our office today to schedule a no-obligation consultation.

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Personal Injury

How to Get Your Cleveland Car Accident Report

| Read Time: 3 minutes

Injured in a car accident and need help obtaining your accident report? We can help. Call us at 419-455-1410 or contact us online to ask us questions about your accident. Being involved in an injury auto accident can be scary. The aftermath can be frustrating, including the process of dealing with the at-fault party’s insurance to file a Cleveland car accident claim. Part of that claims process includes getting a copy of the police report. Obtaining Cleveland car accident reports can be done online, via phone, or through the mail. How to Get Your Cleveland Accident Report in Person If you need to obtain a Cleveland accident report, you can go to the Public Records Office for the City of Cleveland, Ohio, during business hours for walk-in service. How to Get Your Accident Report by Mail You can order an accident report from Cleveland, Ohio Police by sending a letter to the Records Division on Ontario Street and addressing your request to the attention of the Public Records department.   How to Get Your Accident Report Online To request a Cleveland accident report online, you will need to visit the Cleveland Public Records Center and set up an account. Start by clicking on “Public Records Request.” The system will prompt you to choose between Public Safety Records and City Government Records. Public Safety Records include police reports, so you’ll want to click on that top box. The system will request that you enter your login information. If this is your first time visiting the site, you need to create an account. You can choose to submit your request anonymously. Unlike some other police departments, the records division will not receive your contact information if you submit your request anonymously. Knowing that, it’s crucial to hold on to your reference number. The Cleveland Police records representatives cannot contact you directly to provide status updates.   To look for updates about your submitted request, you can click the link for “My Records Center” from an earlier screen and then click on the “Search by Reference Number.” If you accidentally lose your reference number, you’ll have to submit a new request. If you need assistance creating an account and navigating the process of requesting a police report, the City of Cleveland has a tutorial YouTube video you can watch that will walk you through the process step by step. Or you can rely on your attorney to get the report for you.  Request a Copy of Your Accident Report How Much Does an Accident Report Cost? The costs to request copies of Cleveland police crash reports will vary. In general, copies are five cents per page and $1.00 for each 5×7 photograph or $2.00 for each 8×10 picture. You may have postage charges as well. Where Is the Cleveland Police Department Located? The City of Cleveland Police Public Records office is located at 1300 Ontario Street in Cleveland. You can reach them by phone on weekdays between 8 AM and 4 PM. If you want to walk in to request Cleveland Police Department accident reports, you can only go on Monday, Wednesday, and Friday, between 8 AM and 3:30 PM. How to Read Your Accident Report Learning how to read your police report is important. You need to verify all your contact information and accident details are correct. If you find any inaccuracies, you will need to contact the Cleveland police department right away. Your Cleveland crash report will document all the essential information of the accident, including: Contact details, Location of the accident, Vehicle information, Type of collision, The severity of the accident, and Other factors, such as road conditions and weather. More detailed information about the accident will be included, including the types of damages sustained, what everyone’s injuries were, actions leading up to the collision, the sequence of events, and any circumstances that contributed to the collision. The police will note whether any involved driver underwent testing for alcohol or drugs at the scene. The accident report will also discuss contact information for any witnesses to the collision. This section can be crucial for proving liability against the other party. Your insurance or your Cleveland personal injury lawyer may need to take statements of any witnesses to the collision. Contact a Cleveland Auto Accident Lawyer While you are under no legal obligation to retain a Cleveland accident lawyer to represent you, we highly recommended you retain one. At Bensinger Legal Services, we have years of experience representing clients just like you. We know the tactics and techniques insurance companies use to deny liability or undervalue your claim. We won’t hesitate to fight the insurance company and take your case to trial if necessary. We can also help you obtain your crash report and report any inaccuracies to the Cleveland Police Department if there are any problems. Contact our office today to schedule an initial consultation to learn more about how we can assist you with a Cleveland car accident injury claim.

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Personal Injury

How to Get Your Cincinnati Car Accident Report

| Read Time: 3 minutes

Injured in a car accident and need help obtaining your accident report? We can help. Call us at 419-455-1410 or contact us online to ask us questions about your accident. If you were injured in a car accident in Cincinnati, the police likely responded to the scene and took a report. You will need this report for your personal injury claim against the at-fault party. To request car accident reports in Cincinnati, you must contact the Cincinnati Police Department Records Section.  What to Know About Ordering Cincinnati Traffic Accident Reports To obtain a Cincinnati crash report, you need to supply as much information as possible, so the records department can locate the correct info. Unlike some other states, Ohio doesn’t require that you request the report in writing, nor do you have to state your intended use of the records you are requesting. The Records Department requests this information to aid them in locating your report. Be sure to include your contact information with all requests, as the customer service representative may have more questions. You can only obtain accident reports once they have been reviewed and approved. If you were in an accident today or yesterday, the report wouldn’t be ready for pickup yet. How to Get Your Cincinnati Accident Report in Person If you want to pick your report up in person, you will need to complete the F29 Public Records form and bring it with you to the Cincinnati Police Department Records Section during regular business hours. How to Get Your Accident Report by Mail If you want to receive your Cincinnati accident report in the mail, you can download and print out the F29 Public Records Request form, which is the Police Records Public Records Request. On the form, there is a place where you can select mail documents. How to Get Your Accident Report Online The city has an online request form that you can fill out to request your Cincinnati traffic accident report online. You will need to fill out the requested fields, and you must include your preferred method of delivery for the information. Your options include email, mail, or picking it up in person. Note, not all accident reports will be available to send electronically. If you have a fax number, provide that information as well. If the records department cannot send the collision report electronically, you need to pick it up in person or have it mailed. If you prefer not to fill out the form, you can also email your request for an accident report to cpdrecords@cincinnati-oh.gov. Request a Copy of Your Accident Report How Much Does a Cincinnati Car Accident Report Cost? If there is a cost for your request, the Records Department will let you know. If you choose to have your documents mailed, the fee is five cents for each copied page plus the postage costs. The records department will assess other requests for records to be duplicated on other media forms and determine an applicable charge. You will need to pay any fees before obtaining the documents. Where Is the Cincinnati Police Department Located? The Cincinnati Police Department Records Section is located at 801 Linn Street. They are open Monday through Friday, except holidays, from 8 AM until 4 PM.  How to Read Your Accident Report Once you receive the accident report, it’s important to understand what it says. Start by verifying all details on the report are correct, including your basic information and contact details. Even a minor mistake could impact your personal injury claim. If there are any inaccuracies, it’s crucial to contact the police department right away.   There should be a diagram with areas of impact marked. Ensure you agree with the details here because insurance companies will look at the police diagrams when determining liability. The report will list the primary cause of your accident and what the weather and road conditions were like at the time of the collision. Be sure to read the narrative section, as responding officers often list information there that you won’t find elsewhere in the report. Contact a Cincinnati Car Accident Lawyer If you sustained injuries in an Ohio auto accident caused by another party’s negligence, you don’t have to pursue a claim on your own. Instead, let the experienced legal team at Bensinger Legal Services represent you. We have years of experience assisting injured clients just like you. We can help you obtain your Cincinnati accident report and determine whether any information needs correcting. To learn more about how we can help, contact our office today to schedule an initial consultation.

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