Personal Injury

How to Get and Read Your Ohio Crash Report

| Read Time: 4 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. Our firm helps car accident victims across the state of Ohio. After a car accident, it’s hard to know what to do to protect your rights. It’s crucial to obtain and carefully review your Ohio traffic crash report. Visit the Ohio Department of Public Safety website to obtain a copy of your Ohio traffic accident report. This document contains a wealth of information that may assist you as you seek recovery after a car accident. A qualified Ohio personal injury attorney may assist you in retrieving your State of Ohio crash report.    What Is an Ohio Traffic Crash Report? Ohio car accident reports are also called OH-1 Traffic Accident Reports. Law enforcement personnel use these reports to record the details surrounding an Ohio traffic collision. However, if the police did not report to the scene of your accident, you may file a BMV 3303 accident report in Ohio.  Do I Need an Ohio Traffic Accident Report? There is typically no requirement for Ohio residents to report their Ohio traffic crashes. However, in the event of an injury or fatality, parties must call 911. Absent personal injury or fatality, police are not required to report to the scene of an Ohio crash. Additionally, the State of Ohio does not require police to create crash reports unless the accident resulted in death, injury, or more than $1,000 in property damage.  Despite this, at the bare minimum, even if the police do not file an Ohio Department of Public Safety crash report, all parties must pull over safely and exchange information. This information includes the name, address, phone number, and registration number for the vehicles involved. You should also exchange insurance information, including the carrier information and policy number. When to File Ohio Department of Public Safety Reports Even if the circumstances of your crash in Ohio may not require an Ohio traffic accident report, you should file one. If the police do not respond to the scene of your accident, certain situations may permit you to submit your own Ohio crash report.  In Ohio, it is illegal to drive without insurance. The Ohio Revised Code 4509.06 permits an insured driver, vehicle owner, or insurance company representative involved in a motor vehicle accident with an uninsured driver to submit their ODPS crash report to the Ohio Bureau of Motor Vehicles. Filing this report may result in the suspension of the uninsured driver if the following criteria exist: Form 3303 is filed with the Ohio BMV within six months of the accident; The accident occurred in Ohio; Property damage or injury resulting from the accident amounted to more than $400; and At least three identifying facts regarding the uninsured driver match the Ohio BMV records, including date of birth, name, and Ohio driver license number.  The Ohio car accident report should also include an itemized list of the damage or injuries reported. Even if you and the other party decide to settle matters through your mutual insurance companies after the accident, it’s still important to file Ohio accident reports. Different cities and counties operate differently and may permit you to complete and file your accident report in Ohio. You may not be aware of any injuries sustained in the accident. But in many cases, injuries suffered in a crash in Ohio may not be apparent until after an examination with your doctor. Additionally, you may not fully understand the severity of damage to your vehicle until it is seen by a mechanic. How Do I Get Ohio Crash Reports? The Ohio Department of Public Safety website provides valuable information under “crash reports” to search for ODPS crash reports and other materials.  To obtain a copy of your Ohio traffic crash report, you may visit the Ohio Department of Public Safety website. In Ohio, you may get a copy of your traffic accident for free. Besides your name, additional vital information to have on hand is the date of your car accident. Your Ohio traffic accident report should come up in the search result. Following an accident, it may take up to six weeks for the Ohio Department of Public Safety to upload your car accident report into their database.  How Do I Read Ohio Traffic Accident Reports? State of Ohio traffic reports include essential information. Review these points for accuracy. The important information to confirm includes the following:  Date of the incident. Accuracy in the date of the incident is important because the time you have to file a claim in court depends on when the accident occurred.  Location of the incident. Inaccuracy in the location of the accident or description of the place may result in the incorrect assignment of fault. Personal information. The personal information of all parties involved must be accurate. In some situations, the driving record of an involved party may be relevant to the circumstances of an accident.  Photographs. Police reporting to the scene of an accident must take pictures. Therefore, if no images exist to accompany the ODPS traffic report, contact the law enforcement agency to request copies.  Collision factors. In Ohio traffic accident reports, a police officer identifies which party they believe to be at fault for the collision. Therefore, it’s essential to carefully review the police officer’s depiction of events, as this may affect the way an insurance company views your liability.  Witness information and statements. Witness statements also add essential information regarding the events surrounding the car accident.  If any information in your Ohio traffic accident report represents inaccurate details, contact a qualified personal injury attorney to review the circumstances surrounding your case.  Contact Us Aaron Bensinger of Bensinger Law provides dedicated legal services to clients throughout northwest Ohio. We understand the hardships clients face after a traumatic car accident in Ohio. Without hesitation, our firm takes on insurance companies to protect your rights while...

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Personal Injury

Were You in an I-80 Accident in Ohio?

| Read Time: 3 minutes

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

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Personal Injury

What to Do After a Car Accident in Ohio

| Read Time: 3 minutes

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

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Personal Injury

What to Do After a Motorcycle Accident in Ohio

| Read Time: 2 minutes

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

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Wrongful Death

Ohio Wrongful Death Statute Overview

| Read Time: 3 minutes

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

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Personal Injury

Ohio Punitive Damages Quick Facts

| Read Time: 3 minutes

If you have been injured or suffered a loss because of the negligent actions of another, you may be eligible for compensation. The type of damages you are able to recover will depend on the unique circumstances of your situation. Ohio punitive damages may be available based on the actions of the person or entity responsible for the injury. What Are Punitive Damages? The purpose of punitive damages is not to compensate you for your injury; it is to deter or “punish” the defendant for their reckless action in an effort to keep them from doing it again. It helps set an example that the wrongful behavior will result in financial hardship. Punitive damages are also referred to as “exemplary damages.” How Are Ohio Punitive Damages Awarded? Punitive damages are not awarded if there are no compensatory damages. The first step is for your attorney to make a case for compensatory damages as a remedy for your injury or loss. Compensatory damages can consist of both economic and non-economic damages. Economic damages provide compensation for all expenses related to the injury. These may include: Medical bills, Physical therapy, Property damage, Cost of care, Loss of wage, and Loss of potential earnings. Non-economic damages pertain to the mental and emotional components of the injury. Non-economic damages may include: Pain and suffering, Depression, Anxiety, Post traumatic stress, and Loss of consortium. Both of these forms of compensatory damages focus on compensating you, as opposed to punishing the defendant.  Once the argument has been made for compensatory damages and they are awarded by a judge or jury, your attorney can argue for punitive damages.  Who Is Entitled to Punitive Damages? All personal injury cases require negligence on the part of the defendant for there to be a valid claim. In some cases, the negligence was completely unintentional. Under those circumstances, it is unlikely that the defendant would be liable for punitive damages.  Ohio punitive damages require a level of intent on the part of the defendant. According to Ohio punitive damages law under Ohio Revised Code 2315.21 (effective 4/15/2021), to receive punitive damages, the defendant must have: Acted with malice or aggravated or egregious fraud; or Knowingly authorized, participated in, or ratified the action or omission that caused the injury.  Again, if a person made an honest mistake, they are still liable for compensatory damages but would not owe punitive damages.  Cap on Ohio Punitive Damages The Ohio legal system places caps on the amount of punitive damages that can be awarded. Punitive damages cannot equal more than twice the amount of compensatory damages awarded to the plaintiff.  If the defendant is a small business employer or an individual, they are unlikely to have the same amount of assets as a big corporation. For these defendants, the punitive damages cannot exceed 10% of their net worth up to $350,000 even if twice the amount of compensatory damages is more than that. Attorney fees awarded for a punitive damage claim do not count against the capped amount.  How to Receive Punitive Damages There are some situations where you just know that the defendant deserves to have to pay for their behavior in a meaningful way. Any time that you are harmed due to the negligent action of another, you may be entitled to file a personal injury lawsuit. This is the starting point. Navigating the Ohio legal system on your own is going to be difficult, and your chance of success will be greater with the help of an experienced personal injury attorney who can prepare your case. An experienced attorney will be able help you through the following steps: Determine if you have a valid case for personal injury; File the proper paperwork in a timely manner; Conduct an investigation into the negligent action; Gather evidence and testimony; Determine estimated compensation; Prepare for negotiations or trial; Argue your case for compensatory damages; and Argue your case for punitive damages. The team at Bensinger Law strives to understand the individual case and goals of each client. The Bensinger Law team prides itself on creative and efficient solutions to serious legal problems. Contact us today for your free consultation.

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Personal Injury

Ohio Motorcycle Helmet Law

| Read Time: 2 minutes

Ohio Motorcycle Helmet Law  The Ohio helmet laws allow riders to generally make their own decisions. Eye protection is mandatory for everyone, but there are only three circumstances where a motorcycle helmet is required in Ohio. You must wear a helmet if you fall under one of these categories: You are a novice rider, meaning that you have had your motorcycle license for less than one year; You are a rider under the age of 18; or You are a passenger on a motorcycle and the motorcycle operator is a novice or under 18 years old.  An experienced adult rider does not have to wear a helmet under the Ohio motorcycle helmet law.  Why You Should Wear a Motorcycle Helmet Despite the fact that helmets are largely optional according to the Ohio motorcycle helmet law, there are a lot of reasons you should consider wearing one anyway. According to the Ohio State Highway Patrol, there were 160 deaths from motorcycle accidents state-wide in 2019.  The National Highway Traffic Safety Administration (NHTSA) did a deep dive into motorcycle safety in 2017. It was estimated that helmets saved the lives of 1,872 motorcycle riders nationally in 2017. The organization found that helmets may be as much as 37% effective in preventing fatal injuries.  Other Ohio Motorcycle Laws Though the Ohio helmet law is not as stringent as other states, there are other safety rules that you must follow when riding a motorcycle.  You have to be seated in the regular seat attached to the bike while it is in motion; You cannot carry a package or anything that would prevent you from keeping one hand on the handlebars;  The handlebars cannot be higher than your shoulders if riding on the highway; and There cannot be more than two motorcycles next to each other in a single lane. Lane splitting is not against the law in Ohio, but you may be cited if you are driving without caution or disobeying other traffic laws.  Motorcycle Accident Injury In some states, not wearing a helmet could make you partially negligent, and this could reduce the amount of compensation you are eligible for. Because Ohio motorcycle helmet laws only require helmets in certain circumstances, it is unlikely to change the outcome of your case. It’s worth noting, however, that most people with loved ones involved in a motorcycle accident case would rather be bringing a claim for personal injury than for wrongful death.  If you are in a motorcycle accident that was caused in part by the negligence of another party, it is important to seek an experienced motorcycle accident lawyer. Bensinger Legal Services has extensive experience handling personal injury cases in Ohio and works hard on behalf of every client. Contact Bensinger Law today for your free consultation.

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Personal Injury

Ohio Bridge Law Overview

| Read Time: 3 minutes

In Ohio, “bridge law” refers to a specific set of statutes and regulations applicable to commercial trucks and trailers. These laws, including the Ohio bridge gross weight formula, are designed to protect motorists and others who share the roadway with commercial trucks, as well as help preserve roads, bridges, and infrastructure. If a semi-truck or 18-wheeler violates any of these laws and an injury accident occurs as a result, accident victims may be entitled to pursue a legal claim for their damages. You could be eligible to recover compensation for your medical treatment, lost income, pain and suffering, and other damages. If you or a loved one was injured in a truck accident, an experienced Ohio truck accident lawyer from Bensinger Law can help. What Is the Ohio Bridge Formula? Ohio’s bridge formula is adapted from bridge formula weights established by the U.S. Department of Transportation, a division of the Federal Highway Administration. This formula, originally adopted in 1975, establishes the maximum allowable weight-to-length ratio for motor vehicles when crossing bridges within the U.S. interstate system. Using a highly complex set of mathematical calculations, this formula can be used to determine whether a given motor vehicle is carrying more than the legally allowable weight limit. The calculation is based in part on how many axles the vehicle has and how far apart the axles are spaced. How Does Ohio Bridge Law Affect Truck Accident Victims? For motorists traveling the roadways of Ohio, trucking accidents can pose a significant threat of injury or even death. Large commercial trucks, including 18-wheelers, tractor-trailers, and semi-trucks, are heavy and unwieldy, increasing the potential for collision damage and resulting injuries. Truck accidents also pose a significant legal challenge, especially when compared to collisions involving passenger vehicles. Documenting and building a persuasive truck injury case requires an in-depth knowledge of the laws and regulations that govern the trucking industry. In addition to dealing with the truck driver, accident victims may also have to deal with the trucking company, shipping broker, shipper, and other parties, as well as the respective insurance companies. If the accident occurred due—in whole or in part—to the truck being overloaded or overweight, the bridge formula may lend critical support to your claim. Can an Ohio Bridge Law Calculator Help? You might find bridge weight calculators online and wonder whether these tools could help you in your quest to pursue a legal claim against the truck driver, trucking company, or other at-fault party. Unfortunately, unless you have a reliable means of determining the vehicle’s weight at the time of the accident, a calculator might not provide any real benefit. After a trucking accident, time is of the essence. Contacting an experienced Ohio truck accident attorney as quickly as possible can help ensure the preservation of critical evidence. Your attorney can take the necessary steps immediately to collect evidence from the accident scene, interview witnesses, and obtain other documentation to support your legal claim. Contact an Ohio Truck Accident Lawyer for Help If another party was at fault for your trucking accident, having a personal injury attorney can help in a number of ways. Your attorney can answer your questions and help you explore your options for pursuing a legal claim. In Ohio, Attorney Aaron Bensinger of Bensinger Law assists truck accident victims throughout northwest Ohio, including Shawnee, Findlay, Lima, Elida, Van Worth, and Perry County. Contact us today to learn more about how Ohio bridge law could affect your truck accident and injury claim.

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Wrongful Death

Loss of Consortium in Ohio Quick Facts

| Read Time: 3 minutes

When an individual sustains serious or fatal injuries in an accident caused by someone else, their loved ones also suffer in a variety of tangible ways. In Ohio, loss of consortium claims can provide an effective way to recover compensation for those damages. Whether you have suffered financial, physical, or emotional losses—or a combination of these—you may be entitled to recover compensation for your economic and non-economic damages. Talking to an Ohio personal injury attorney from Bensinger Law can help you get the information and guidance you need to get started with the legal process. What Is Loss of Consortium? Loss of consortium is the legal term used to describe the relationship loss that you experience when a loved one is injured or killed. For example, if your spouse becomes paralyzed following an accident, you may not be able to enjoy the same physical relationship you had before. You may be left with the burden of managing the household on your own, and their accident may also leave them with emotional scars that affect your relationship. Losing a parent can leave a child without guidance, companionship, or affection. When another party’s actions are responsible for your loss, filing a loss of consortium claim can help you hold the at-fault party accountable for their wrongful or negligent actions. Recovering damages can help you get the financial stability you need for your future. Who Can Sue for Loss of Consortium in Ohio? In Ohio, an accident victim’s spouse and children can pursue a loss of consortium claim in most cases. In some cases, parents may be entitled to pursue a claim for the loss of a child. Other family members may have a valid legal basis for pursuing a loss of consortium claim, depending on the extent to which they were dependent upon the victim. In the case of wrongful death, Ohio law requires the appointment of a personal representative of the victim. The personal representative must bring any legal action for the benefit of the surviving spouse, children, or other eligible beneficiaries. What Is the Value of Your Loss of Consortium Claim? The Ohio loss of consortium laws allow victims to pursue legal action to recover compensation for the loss of their loved one’s “loss of society.” This may include some or all of the following elements. Companionship, Care, Assistance, Attention, Protection, Advice, Guidance, Counsel, Instruction, Training, and Education. In the case of a lost or severely injured spouse, you may also be entitled to pursue compensation for the loss of physical and emotional intimacy. Talking to an experienced attorney is the best way to determine which damages you may be eligible to pursue and what the value of your claim might be. How Can an Ohio Personal Injury Lawyer Assist You? Although you do not legally need an attorney to pursue compensation for loss of consortium in Ohio, having an experienced attorney to assist you can be invaluable. Your attorney will handle everything on your behalf, from investigating and documenting your claim to calculating your claim’s value and negotiating with the insurance company. Although most claims can be settled without having to go to court, it’s important to choose an attorney who is ready, willing, and able to file a civil lawsuit if the insurance company will not make a reasonable settlement offer. When you choose Bensinger Law to assist you, we will be there for you throughout the legal process. We handle every aspect of your claim so you can focus on your family and yourself during this challenging time. Contact an Ohio Loss of Consortium Attorney Now No settlement or jury award can undo the damage that’s been done. However, pursuing a legal claim can help you hold the at-fault party accountable and help you get the justice you deserve for your losses. Bensinger Law serves clients with compassion and determination, putting our extensive experience to work for you. In Van Worth, Kenton, Shawnee, Elida, and throughout northwest Ohio, call on us today for a free consultation, or contact us online now to discuss your Ohio loss of consortium claim.

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Personal Injury

Ohio Product Liability Act Overview

| Read Time: 2 minutes

Defective products injure thousands of Americans every year. To hold manufacturers and other liable parties responsible for these defects, both the federal government and the State of Ohio have passed laws relating to product liability. Although product liability technically falls under the personal injury umbrella, the law approaches these claims differently than the average accident. In Ohio, product liability is governed by Ohio Revised Code 2307.71, more commonly known as the Products Liability Act.  Product Liability Statistics The United States Consumer Products Safety Commission (CPSC) is the federal administrative agency that enforces safety regulations, issues and tracks recalls, and compiles data on product-related injuries and deaths. According to the CSC, product defects result in nearly three million injuries and 22,000 fatalities in America every year. Defective products range from kids toys, to auto parts, to cell phone batteries, and more. But no matter what product causes the injury, liability is determined by Ohio law. Ohio Product Liability Claim Types According to the Ohio Product Liability Act, a product liability claim is a legal action to seek compensation from a manufacturer or supplier of a product that causes the user damage. This damage may be physical injury, death, property damage, or emotional distress, and must be caused by one of the following: Manufacturing defect—a product failure caused in the manufacturing process or assembly, either to the product as a whole or a product component; Design defect—the product functions as intended, but the design is faulty and someone is harmed as a result; Warning defect—injury resulted from insufficient or no warning about the risks of using the product, or from a lack of instructions about how to safely use it; or Breach of warranty—the product fails to adhere to a stated character, quality, or safety standard. All the above are actionable under the Ohio Product Liability Act. What Is the Ohio Statute of Limitations for a Product Liability Claim? All causes of action must be filed before a stated time period elapses, or they will be forever barred. Most personal injury cases in Ohio have a two-year statute of limitations, and the same is true for a products liability claim. The injured party has two years from the date of the injury or damage to personal property to file a lawsuit. There are a few exceptions to this rule where the statute of limitations may be extended, but it is important to contact a personal injury attorney as soon as you are able to make sure the statute of limitations won’t prevent your recovery. Contact Bensinger Law About Your Product Liability Claim If you were injured due to a product defect in northwest Ohio and don’t know where to turn, Aaron Bensinger can help. Based in Lima, he is also licensed in California and has the experience to take on the big cases and companies on your behalf. Contact us at 419-455-1410 or fill out our online contact form to schedule a free consultation today.

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