Attorney Portrait Personal Injury

Ohio Personal Injury Statute of Limitations

| Read Time: 3 minutes

When you suffer injury as a result of someone else’s negligence, you deserve compensation. But did you know that your time to seek compensation is limited? The amount of time you have to file a lawsuit in Ohio is governed by the statute of limitations that applies to your claim. If you do not file before the deadline, you will likely lose your chance to recover for your injury. It is important to consult a personal injury attorney as soon as possible after your accident to ensure that you file your claim on time. If the statute of limitations has expired, your attorney can advise you of any exceptions that might give you additional time to file. How Long Is the Ohio Statute of Limitations for Personal Injury? The statute of limitations in Ohio for personal injury is two years from the date of the injury. If you miss the deadline, you will most likely lose your opportunity to obtain compensation. This two-year Ohio negligence statute of limitations applies to things like: Car accidents, Truck accidents, Dog bites, Product liability, and Slip-and-fall accidents. For wrongful death cases, you must file a claim within two years of the date of death. What Happens If I Miss the Deadline? If you file a personal injury or wrongful death claim after the statute of limitations has expired, the defendant will likely file a motion to dismiss the case. The trial court will grant the motion unless you can show that an exception applies. What Exceptions Apply to the Negligence Statute of Limitations in Ohio? The Ohio statute of limitations for personal injury is subject to several exceptions. These exceptions pause or “toll” the statute of limitations for a certain period of time. When this happens, it may extend the time for you to file a lawsuit. Discovery In most accidents, injuries are apparent right away. But sometimes accident victims don’t know that they have suffered an injury until weeks, months, or years after an accident. The discovery rule tolls the statute of limitations until the time an injury is or should have been discovered. Legal Disability A legal disability is something that prevents a person from protecting their own legal rights. Ohio recognizes age and mental illness as legal disabilities. If someone is under the age of 18 or institutionalized, or if a court has found the person to be of “unsound mind,” the statute of limitations will be tolled until the disability is removed. Out-of-State Defendant If a defendant leaves the state or tries to hide, the statute of limitations may be tolled until they return to the state or are found. Prisoner Defendant If a defendant is in prison, the Ohio negligence statute of limitations is tolled until they get out of prison. Coronavirus In response to the coronavirus pandemic, Ohio recently passed a law tolling statutes of limitations for some cases. The rule applies to cases where the statute of limitations is set to expire between March 9 and July 30, 2020. How Can I Get Started on My Case? You can protect your rights by contacting an experienced personal injury attorney as soon as possible after your accident. Your attorney can help you understand how the Ohio statute of limitations for personal injury affects your case. Aaron Bensinger has recovered hundreds of thousands of dollars for injury victims in the Northwest Ohio region. He and his team pride themselves on providing attentive and personalized service for their clients. Contact Bensinger Law today to set up your free initial consultation.

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Attorney Portrait Personal Injury

Is Ohio a No-Fault State for Motor Vehicles?

| Read Time: 3 minutes

One of the most important things to determine after a car accident in Ohio is who was at fault. You may not think it is important to contact the police after an accident if you are not seriously injured. But a police report can be an important piece of evidence to establish fault. Additionally, serious injuries can sometimes manifest hours or days after an accident, so you may have suffered more damage than you thought. While the police conduct their investigation, it is also important that you contact an experienced car accident lawyer as soon as possible. Your lawyer can help protect your interests and fight for the compensation you need. What Is a No-Fault State? No-fault states handle insurance claims a bit differently. Every driver must carry minimum personal injury protection (PIP) insurance. Then, if you suffer injury in an accident, you make a claim against your own insurance first no matter who was at fault. Is Ohio a No-Fault State for Auto Insurance? Ohio is not a no-fault state. In Ohio, the driver who is at fault for the accident is liable for any injuries. Ohio law requires drivers to carry minimum liability insurance of: 25,000 bodily injury coverage per person, per accident; 50,000 bodily injury coverage total per accident; and 25,000 property damage coverage. Since Ohio is a no-fault state, your remedy after an accident is to file a claim against the at-fault party’s insurance company or to sue the driver directly. If you are hit by a driver without insurance or your injuries exceed the amount of coverage, it may be difficult to collect what you are entitled to, especially if the driver does not have any assets. If you have uninsured/underinsured motorist coverage, then you can get your own insurance company to make up the difference. Ohio does not require drivers to carry uninsured or underinsured motorist coverage. However, it’s a good idea to add this to your policy to ensure you are protected in case of injury. How Do I Prove Fault in Ohio? To establish that the other driver was at fault, you will need to demonstrate four elements of negligence: That the driver had a duty to drive safely, follow traffic laws, and watch out for other motorists; That the driver breached that duty by, for example, violating traffic laws or driving recklessly; The other driver’s actions caused the accident; and That you suffered damages as a result of the accident. If you can establish these four elements, you may be entitled to compensation for things like: Medical bills, Physical therapy bills, Lost wages, Pain and suffering, Disability or disfigurement, and Loss of enjoyment of life. An attorney can help you investigate your claim to determine who is at fault and to calculate the damages you are entitled to. How Does Comparative Negligence Work in Ohio? Even if you were partially at fault for the accident, you may be able to recover a portion of your damages from the other party’s insurance. Under Ohio’s modified comparative fault law, you can recover some damages as long as you were not more than 50% responsible for the accident. If you were partially responsible for the accident, it is even more important to have a personal injury attorney on your side. The insurance company will try to play up any fault you may have had to reduce or eliminate their liability. Do I Need an Attorney? It is always a good idea to get an attorney when you are injured in a car accident. The insurance company may offer you a low-ball settlement. But that probably won’t consider things like your pain and suffering and the long-term consequences of your injury.  Aaron Bensinger of Bensinger Law has years of experience standing up to insurance companies. He will fight for the compensation you deserve and won’t hesitate to take your case to court if the insurance company won’t cooperate. Call or contact Aaron today to set up a free consultation and learn how he can help you with your car accident claim.

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Attorney Portrait Wrongful Death

Who Can File a Wrongful Death Lawsuit in Ohio?

| Read Time: 2 minutes

There is nothing more devastating than losing a loved one, especially when their death could have been prevented. If a close family member was killed as the result of someone else’s negligence or wrongful act, you may be wondering how to get justice for your loved one. If the person was the primary breadwinner for your family, you may also be worried about how you are going to support yourself or your children. You have remedies if your loved one suffered a wrongful death in Ohio. An Ohio wrongful death attorney can help you understand your options. What Is Wrongful Death? Wrongful death can arise in a number of circumstances. Common causes of wrongful death in Ohio include things like: Automobile accidents, Industrial accidents, Slip and fall accidents, Medical malpractice, Product defects, and Criminal conduct. If your loved one died as a result of any of these circumstances, or other circumstances caused by the wrongful conduct of another, you may have the right to seek compensation. Who Can File a Wrongful Death Lawsuit? In Ohio, only the personal representative of the deceased person’s estate may bring a wrongful death suit. The personal representative brings the action for the benefit of the person’s spouse, children, and parents. The law presumes that these individuals have suffered damages as a result of the wrongful death. In some circumstances, other family members may be included in the suit. However, family members other than a spouse, child, or parent must prove that they personally suffered damages as a result of the death. An attorney can advise you as to whether you may be eligible to be included in an Ohio wrongful death suit. What Compensation Can I Recover for Wrongful Death? In Ohio, damages for wrongful death are calculated based on the losses suffered by the deceased person’s family members. Courts may consider the following losses in an Ohio wrongful death claim: A loss of society, including things like companionship, consortium, protection, and guidance; Loss of financial support; Loss of prospective inheritance; The loss of services, such as household contributions; and Mental anguish. The estate may also recover the cost of funeral and burial expenses for the deceased person. What Is the Statute of Limitations for Wrongful Death in Ohio? In Ohio, the statute of limitations for wrongful death is two years. This means that if you don’t file your wrongful death lawsuit within two years after the death, you will likely lose your opportunity to seek compensation.  Additional limitations may apply if the death was the result of a product defect.  Your attorney can help you understand how the statute of limitations applies to your case and help ensure that you comply with the necessary deadlines. How Can an Ohio Wrongful Death Attorney Help Me? If you recently lost a loved one because of another’s actions, feel free to contact our office. Attorney Aaron Besinger has extensive experience fighting for injury victims and their families. He will handle every aspect of your case, including research, negotiation, and arguing in court, if necessary. For a free consultation, call or contact Besinger Legal Services online today. Although nothing can bring your loved one back, Bensinger Legal Services can help you seek justice and fight for the compensation you need to support yourself and your family.

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Attorney Portrait Personal Injury

What Is My Construction Accident Settlement Worth?

| Read Time: 3 minutes

Construction accidents can result in severe injuries and even death. The Bureau of Labor Statistics reports that nearly 200,000 workers sustained injuries in construction accidents in 2018. In fact, construction work is one of the most deadly industries. The United States Occupational Safety and Health Administration (OSHA) reports that out of all 4,779 worker fatalities in 2018, 21.2%—or one in five—were construction workers. If you were injured in a construction accident, you may be entitled to compensation. Because every accident and injury is different, the best way to determine what your construction accident settlement may be worth is by consulting with an experienced personal injury attorney. What Kind of Remedies Do I Have After a Construction Accident? The type of remedy available to you following a construction accident depends primarily on whether your injury falls under Ohio workers’ compensation law. If it does, the proof required and the damages you can receive are different than they would be in a regular personal injury case. Workers’ Compensation Ohio requires all employers to carry workers’ compensation insurance if they have even one employee. The benefit of this is that workers can recover for any work-related injury, even if the employer was not at fault. The downside is that workers may not sue the employer for negligence. Nevertheless, Ohio law does allow a worker to sue for personal injury if the employer: Acted with intent to injure them, Acted with the belief that injury was substantially certain to occur, Deliberately removed an equipment safety guard, or Made deliberate misrepresentations about a toxic or hazardous substance. An Ohio workers’ compensation lawyer can help you determine whether you have a basis to sue your employer for an injury sustained on the job. Personal Injury If you suffered injury in a construction accident attributable to someone other than your employer, you may have a cause of action for personal injury. This may include claims for injuries caused by: Negligence of a third party, such as a subcontractor, transportation company, or supplier; Equipment or material defects; Unsafe conditions on a third party’s property; or A motor vehicle accident caused by a third party. Additionally, if you were a bystander injured in a construction accident, you may be able to pursue a construction accident settlement based on personal injury. If you sue for personal injury, you may be able to recover greater damages than with a workers’ compensation claim. However, you will have to prove that the other party was at fault for your damages. What Compensation Can I Receive in a Construction Accident Settlement? The damages for which you can recover compensation vary depending on whether you are able to pursue a personal injury claim or whether your claim falls under workers’ compensation laws. Workers’ Compensation Workers injured on the job can pursue compensation for: Lost wages and Medical bills. Workers’ compensation does not permit workers to recover for pain and suffering or to seek punitive damages. Personal Injury Damages With a personal injury claim, you can potentially recover more damages than with a workers’ compensation claim. Your damages may include: Medical bills, Lost wages, Loss of earning capacity, Pain and suffering, Loss of enjoyment of life, and Disfigurement. You may also be able to seek punitive damages if the defendant’s actions were particularly horrible. These are extra damages that punish the wrongdoer or set an example. How Do I Pursue a Construction Accident Settlement? If you were injured in a construction accident, contact Bensinger Legal Services. Attorney Aaron Besinger has helped many clients throughout Northwest Ohio recover damages for their personal injury claims. Let Bensinger Legal Services fight for your rights while you focus on healing and recovery. Call today or contact us online to schedule a free case review.

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Attorney Portrait Personal Injury

Getting Compensation for Your 18-Wheeler Accident Injury

| Read Time: 3 minutes

Truck accidents are often much more serious than other types of automobile accidents. They can cause severe injury or even death. If you have suffered injury in an 18-wheeler crash, you may be wondering how you will pay your medical bills. If your injuries have kept you from working, you may be concerned about supporting your family. You don’t have to face this crisis alone. A truck accident attorney can help you determine who is at fault for your accident and what compensation you may be entitled to. Your attorney can negotiate with the insurance companies on your behalf and fight to get you every dollar you deserve. What Causes 18-Wheeler Crashes? A number of circumstances may contribute to an18-wheeler accident, including: Distracted driving, Improper loading, Driver fatigue, Impaired driving, Failure to observe traffic laws, Inadequate training, Poor truck maintenance, and Vehicle component defects. If one of these factors caused your accident, you may have the right to recover compensation. Who Is Responsible for My 18-Wheeler Accident? Depending on the cause of your accident, there are many individuals who may be liable, such as the: Driver, Trucking company or truck owner, Cargo loaders or manufacturers, Truck manufacturer, or Truck mechanics. In fact, there may be more than one person responsible for your accident. For example, if the truck driver fell asleep at the wheel because their employer scheduled them to drive for too many hours, both the driver and their employer may share responsibility. If your negligence contributed to the accident, you may also be held partly responsible. In Ohio, you can still recover compensation for your accident as long as you are not more than 50% at fault. However, your recovery will be reduced by your percentage of responsibility. For example, if you were 20% at fault, you can recover only 80% of your damages from other responsible parties. A truck accident attorney can help you identify the at-fault parties and gather evidence to support your negligence claim. What Compensation Can I Receive for My 18-Wheeler Accident Injury? If you can demonstrate that someone else’s negligence caused the 18-wheeler crash in which you were injured, you may be able to recover compensation for a number of damages. First, you can recover for economic losses (losses that can be quantified) such as: Medical and hospital bills, Physical therapy and rehabilitation costs, Prescriptions,  Lost wages, and Lost future income. You can also seek compensation for non-economic losses (losses that can’t be quantified) such as: Pain and suffering, Disfigurement, Lost earning capacity, Emotional anguish, and Loss of enjoyment of life. If the accident resulted from purposeful or particularly egregious behavior, you may also be able to seek punitive damages. Punitive damages are extra damages intended to punish a wrongdoer and deter others from behaving the same way. Your truck accident attorney can help you calculate the damages you can expect to receive from your 18-wheeler accident and negotiate with the insurance company to get you a fair settlement. How Can a Truck Accident Attorney Help Me? If you suffered an injury in an 18-wheeler accident, you need an knowledgeable truck accident lawyer on your side. Aaron Bensinger of Balyeat, Leahy, Daley, Miller & Bensinger, LLC, has experience taking on large trucking and insurance companies. He is passionate about serving accident victims and helping them recover the compensation they deserve. Call or contact Aaron Bensinger of Balyeat, Leahy, Daley, Miller & Bensinger, LLC today for a free consultation.

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Attorney Portrait Personal Injury

8 Tips for Hiring a Personal Injury Lawyer

| Read Time: 3 minutes

If you’ve been injured in an accident that wasn’t your fault, you are probably looking into hiring a personal injury lawyer. But how do you choose a good personal injury attorney? If you’ve never been involved in a lawsuit, the process of hiring a lawyer may seem overwhelming. You may not know where to start or how to determine whether an attorney is right for your case. You need a personal injury attorney who brings experience to the table but who will also listen to you and fight for what you need most. To help you accomplish that, we’ve compiled our top tips for hiring a personal injury attorney. How to Choose a Good Personal Injury Attorney 1. Get Referrals A good place to start your research is to ask friends and family for referrals. If you know someone who settled or won a personal injury case, ask them who represented them. 2. Do Research Check out reviews of local attorneys on avvo.com. Review the attorneys’ websites to see what areas of practice they focus on. Look for client testimonials to get an idea of an attorney’s reputation and capabilities. 3. Review the Attorney’s Previous Case Results Look into the attorney’s results in previous cases. This information can often be found on the attorney’s website, but you could also ask them about it in an initial consultation. An attorney’s good results in other cases doesn’t necessarily mean that the attorney will win your case. However, a record of success shows that the attorney knows what they are doing and fights to maximize compensation for their clients. 4. Find an Attorney Who Has Experience with Your Type of Accident It may go without saying that the person who handled your divorce or drafted your will may not be the best person to handle your personal injury claim. But even among personal injury attorneys, it is important to find someone with experience with the type of accident or injury you suffered. Accidents involving large trucks, for example, can involve different regulations, legal theories, and types of evidence than you see in the typical car accident case. An attorney whose practice focuses primarily on car accidents may not have sufficient experience to get you the best possible outcome in your truck accident case. 5. Set Up Free Consultations Most personal injury attorneys offer free consultations. Once you’ve narrowed down your search, set up interviews with your short list of attorneys. 6. Ask Questions Ask lots of questions in your initial consultation such as: What areas of practice do you focus on? Do you have experience with accidents like mine? Do you take cases on contingency? What is the contingency fee structure? Will you personally be handling my case? How do I get in touch with you, and how prompt are you about returning messages? What strategy do you expect to use in my case? How many cases have you taken to court? How much do you think I can recover in my case? Look for an attorney who answers your questions straightforwardly and helps you understand what to expect. 7. Assess Whether the Attorney Is a Good Fit for You You will be working with your attorney frequently as your case progresses. Be sure to choose someone you’re comfortable communicating with.  8. Examine the Attorney’s Professional Network Research the attorney’s professional network. Do they have other attorneys in their firm that they can consult with? Do they have contacts with qualified experts that you may need for your case? An attorney who has a network of resources to rely on will be in a stronger position to help you with your case. Contact Bensinger Legal Services for a Free Consultation As you search for an attorney, consider a consultation with Bensinger Legal Services. Aaron Bensinger’s practice focuses on personal injury law. He has particular experience with: Car accidents, Truck accidents, Wrongful death, Dog bites, and Premises liability. Aaron is a partner within Balyeat, Leahy, Daley, Miller & Bensinger, LLC, and serves clients in the Northwest Ohio region. He has obtained favorable personal injury verdicts in both California and Ohio. Aaron works hard to make each individual client a priority, and he will fight to get you every dollar you deserve. Call today or message us online to set up your free consultation and learn whether Aaron Bensinger is the right attorney for you.

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Attorney Portrait Personal Injury

Tips for Hiring a Car Accident Lawyer

| Read Time: 2 minutes

After an injury-causing car accident, you might be wondering what the next steps are. You may be inclined to go ahead and settle the case on your own, trusting the insurance company you’re dealing with to play fair. Don’t make that mistake. Insurance companies are always trying to settle your case for as little as they possibly can. They’ll forget important factors like on-going medical treatment, compensation for missed work, and even pain and suffering. Hiring a car accident lawyer may seem like a tough process, but we’ve got a few tips that can help along the way. Hiring a Car Accident Lawyer – 6 Tips 1 – Find someone with experience You don’t want an attorney who focuses in another area to take on your car accident case. The fact is, these cases are nuanced and require a lawyer who knows the process. When you’re in the process of hiring a potential attorney, ask them about their experience. 2 – Hire an Attorney Who Will Work Directly For You It’s easy to hire a giant, even national firm that spends millions on advertising. But you may find that you’re passed around from paralegal to paralegal and that you rarely deal with an actual attorney. At Bensinger Legal Services, we provide clients with high-level service. Here, you’re not just another case number. It’s important to find an attorney who cares. 3 – Find Someone Local You want an attorney who is familiar with the Court system where the accident occurred. Again, trusting a national firm can be risky. They may even have to subcontract your case to a local attorney. 4 – Start Right Away Don’t even talk to the car insurance company you’re dealing with without hiring an attorney first. This can help get the ball rolling quickly and may even help you avoid costly mistakes. 5 – Don’t Pay for a Case Review Most personal injury attorneys will offer free consultations for your car accident case. This is certainly true at Bensinger Legal Services. We’ll review your case and provide with the best course of action to take moving forward. 6 – Hire a Lawyer with Trial Experience Aaron Bensinger has extensive experience taking cases to trial. This is exactly what you want to look for in a lawyer. The truth is, not all cases settle out of court, and you want someone ready for trial is that’s the ultimate outcome. After a serious car accident, your best option is to reach out to Bensinger Legal Services as soon as possible. Let our team worry about your case while you focus on recovery.

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Attorney Portrait Personal Injury

How Can We Help?

| Read Time: < 1 minute

Bensinger Legal Services is run by Aaron L. Bensinger, a partner with Balyeat, Leahy, Daley, Miller & Bensinger, LLC. Aaron has been providing outstanding legal service for several years and is licensed to practice in Ohio, California, and Federal Courts in Ohio. He offers civil litigation services but also focuses heavily on representing clients injured in car accidents, truck accidents, and more. Do I Have to Pay to Talk About My Case? No! There is no upfront fee to discuss your case, with Bensinger Legal Services, case reviews are free. Just reach out and we’ll talk things out, and we’ll provide you with the best advice for moving forward. What Types of Injury Case Do You Handle? We handle a wide variety of cases involving personal injury and negligence. For a few examples, visit our practice area pages: Car Accidents Truck Accidents Wrongful Death Premises Liability Dog Bites Reach Out Today Let’s talk about your case today. Give us a call at (419) 455-1410 or contact us online.

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Attorney Portrait Personal Injury

Do I Need a Personal Injury Lawyer?

| Read Time: 2 minutes

If an accident or incident causes you harm or injury and was the result of someone else’s neglect, then yes, you should certainly hire a personal injury lawyer? But How Do I Find One? You can look online or ask friends for reference, but if you’re here, you’ve already found one. Aaron L. Bensinger is ready to evaluate your case and tell you best how to proceed. Consultations are free, so don’t hesitate in reaching out. Other than that, finding a personal injury lawyer comes down to doing just a little bit of research in your area. How Do I Choose? There are a few ways you can come to a decision about hiring an attorney. First, when searching for a personal injury lawyer, it’s a good idea to look at various reviews. For example, their listing on Google might include some very valuable information. You might also want to see if you can find some examples of results they’ve delivered for clients. Their website might highlight this, or you can simply ask the attorney directly. Whatever you do, you want to choose an attorney you feel comfortable. Go with someone who will provide you with personalized service – this usually means avoiding large, national firms. You don’t want to be “just another case.” But Are You Sure I Need One? Yes! If you’re injured, you need an injury attorney. Dealing with these cases can be very complicated. You need to focus on healing, an attorney will focus on getting you fair compensation. Insurance companies try to settle your case for as little as possible, they are, after all, a business. That means they have a bottom line and profits to consider. An experienced personal injury lawyer is going to go to bat for you. They’ll make sure nothing is left out about your case, and in the end, you’ll be better off.

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