Personal Injury

Can You Make a Pain and Suffering Claim Without a Lawyer?

Nov 23, 2020 | By Aaron Bensinger | Read Time: 3 minutes

Property damage after a car accident is easy to quantify. However, the difficulty lies in calculating damages that one can’t see—for example, the lingering physical injuries and mental anguish you live with after a traumatic event.  Clients often ask us, How much do you get for pain and suffering in a car accident? After enduring a challenging event like a car accident, worrying about recovering a fair amount for your injuries may feel an overwhelming task. Although you can make a pain and suffering claim without a lawyer, you stand to recover much more with an experienced advocate at your side. Consult with a personal injury attorney in Ohio to help you evaluate your rights and defend your interests.  What Are Pain and Suffering Damages? In Ohio, pain and suffering damages are considered noneconomic damages. It’s difficult to quantify pain and suffering damages, as they typically refer to intangible injuries associated with an accident. These types of damages vary from person to person and do not have a specific monetary value assigned to them. Examples of pain and suffering include the following: Mental distress, Loss of consortium, Loss of enjoyment of life, and Disfigurement. Pain and suffering damages include not just present damages but also future damages. Recovery of future pain and suffering damages is possible if you can prove that your condition will last beyond the present. Retaining a personal injury attorney helps you provide a more accurate picture of your pain and suffering to the at-fault party and the insurance company.  Proving a Pain and Suffering Claim Without a Lawyer Proving a pain and suffering claim without a lawyer is problematic. A lawyer can help you gather and present the following important evidence to support your claim: Medical expert opinion on your mental health condition;  Medical specialist opinion on your physical condition following your injuries;  Medical specialist opinion on the pain and suffering you have experienced and can be expected to experience; Documentation of past and present prescription medication; Your own testimony as to your condition and pain and suffering, and The testimony of friends and family with first-hand knowledge of your pain and suffering.  Valuation of pain and suffering is largely discretionary. Therefore, it’s essential to provide as much evidence as possible to support your claim and solidify your chances for a favorable recovery. How Much Do You Get for Pain and Suffering in a Car Accident? Insurance adjusters and juries typically use one of two methods to calculate pain and suffering damages. Careful compilation of supporting evidence supports a more substantial recovery for pain and suffering damages. Multiplier Method The multiplier method values pain and suffering by multiplying the value of your economic damages by a number, usually between 1 and 5. For example, if you suffered $10,000 in medical bills and $12,000 in lost wages and you apply a multiplier of 5, your pain and suffering damages would amount to $110,000. Daily Rate Method The daily rate method assigns a daily value to your pain and suffering. You would then multiply that rate by the number of days you experienced pain and suffering. What Factors Impact Your Pain and Suffering Settlement Amount? Although difficult to quantify, multiple factors impact your settlement amount, including: The injuries you suffered and their severity; The disruption the injuries caused to your daily life;  The degree of treatment required and outlook for recovery;  The degree of certainty that the defendant is liable for causing the injuries; and The extent of your emotional and mental suffering.  Consulting with a personal injury attorney ensures careful analysis and monitoring of your pain and suffering injuries. The more support provided to sustain your pain and suffering damage claim, the better the likely outcome.  Will I Have to Go to Court? A personal injury attorney may obtain a favorable settlement to sufficiently compensate you for your pain and suffering damages in many situations. However, in situations where settling is not possible, the case may go to court.  Any victim of a car accident seeking pain and suffering damages wants a qualified personal injury attorney on their side to defend their rights and represent their interests. Aaron Bensinger of Bensinger Law handles all conversations with insurance companies and the at-fault party’s attorney. Bensinger Law won’t hesitate to take your case to court if unable to reach a favorable settlement. Should You Use an Attorney?  How much you get for pain and suffering in a car accident may depend, at least in part, on the type of representation you have. A personal injury attorney like Aaron Bensinger of Bensinger Law can develop sufficient testimony and evidence to strengthen your case for pain and suffering damages. Additionally, Bensinger Law aggressively and diligently negotiates with insurance companies to ensure you don’t receive a less-than-favorable settlement for your injuries. With Bensinger Law, you never pay up front. You pay only when you receive a settlement or verdict for your case. We are here to answer any questions. Please contact our office today for a free case review.

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Personal Injury

Understanding Ohio Comparative Negligence

Nov 23, 2020 | By Aaron Bensinger | Read Time: 3 minutes

Anyone involved in a car accident resulting in an injury or substantial damage understands the event’s traumatizing effects. If deemed to be at fault for your accident, your responsibility for the accident limits the amount you may recover. Hiring an attorney to negotiate your recovery can ensure you receive just compensation for your losses, regardless of whether you may be partially at fault. Ohio Comparative Negligence Overview Before 1980, if you were found to be at fault in any way during a car accident, that fact prevented you from recovering compensation. For example, if you had a broken tail light and a speeding driver rear-ended you, the broken tail light would have barred you from recovery, even though the speeding driver was mostly at fault. The Ohio legislature realized the at-fault laws in place were inherently unfair. The enactment of legislation recognizing the theory of comparative negligence addressed this unfairness.  Ohio comparative negligence laws provide that the injured party in an accident receives compensation based on the amount of fault they contributed to their accident compared to the other party’s amount of responsibility. Therefore, the law awards damage based on the proportion of fault.  However, if you are deemed to be more than 50% at fault for your accident, you are barred from recovering.  Liability and Damages Comparative negligence operates in a manner that allows you, as the injured party, to recover your total damages less the proportion you were responsible for the accident. For instance, in the example above, if your broken tail light meant you were 30% responsible for the accident, the speeding driver is responsible for 70% of the accident. Therefore, if your damages amounted to $200,000, you could recover 70% of those total damages from the speeding driver, or $140,000.  Proving Negligence To recover in any accident, you must first prove negligence. Proving negligence requires showing the following elements:  The alleged at-fault driver owed you a duty of care; The alleged at-fault driver acted negligently; and The alleged at-fault driver’s actions caused your injuries.  As the party seeking to recover compensation, you possess the burden of proof in the lawsuit. This means you must prove your case.  Common examples of negligent actions that lead to car accidents include:  Operating a vehicle while under the influence of alcohol or drugs; Distracted driving, i.e., driving while texting or emailing; Violating a traffic law like speeding or running a red light; and Driver fatigue. All Ohio drivers have a legal duty to operate vehicles with a reasonable standard of care. Failure to do so may result in a lawsuit for negligence.  Comparative Negligence and Insurance Companies There is no one method for calculating fault in comparative negligence cases. Typically, an insurance claims adjuster initially assigns the degrees of responsibility in an accident. An insurance company may use comparative negligence as a defense to save money and shift more blame onto the victim. This shift may result in a smaller recovery for injured parties. Due to this, it’s essential to contact a personal injury attorney promptly to negotiate with an insurance company in the event this occurs. Retaining an attorney aids in reaching an agreement with the insurance company based on the proper degree of comparative fault.  How a Lawyer Can Help  Consult with a qualified personal injury attorney to discuss your accident. At Bensinger Law, attorney Aaron Bensinger works to defend your rights to obtain the best result for you. With attorney Aaron Bensinger, you pay nothing up front. You pay only when you receive a settlement or verdict in your case. If hurt in a car accident and you were partly to blame, don’t assume this fact prevents you from recovering compensation for your injuries. Underpayment to unrepresented plaintiffs in comparative negligence cases may occur. Therefore, consulting with Bensinger Law to negotiate diligently with insurance companies on your behalf can help you get the best possible result.   Contact our office today for a free case review! 

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Personal Injury

Ohio Texting and Driving Laws

Nov 23, 2020 | By Aaron Bensinger | Read Time: 3 minutes

When one thinks of distracted driving, most people think of people on their phones, texting or engaging in conversation. According to the National Highway Traffic Safety Administration (NHTSA), an estimated 600,000 people drive their cars nationwide while using a cell phone. If you’ve been hurt by a driver that was texting and driving, contacting an attorney with knowledge of Ohio texting and driving laws.  Ohio Distracted Driving Laws In Ohio, individuals under the age of 18 are prohibited from using cell phones while driving. Additionally, Ohio driving laws prohibit minors with temporary permits or probationary driver licenses from using any wireless electronic device, including mobile phones, tablets, or laptops. Offenses by those under the age of 18 result in severe consequences. Those caught as distracted drivers face up to a 60-day suspension of their license. Additionally, first offenders are charged a fine of $150. Second offenses result in a $300 fine and a year-long suspension of your license.  Ohio distracted driving law is slightly less restrictive for drivers over the age of 18. Texting or emailing on the phone is still prohibited; however, Ohio distracted driving law permits drivers over 18 to talk on the phone while driving. Banning texting and emailing under Ohio texting and driving laws is intended to prevent distracted driving. Texting and emailing while driving requires drivers to look away from the road. Even looking away from the road for a second may result in catastrophic consequences. A texting violation may result in a reckless driving conviction. Someone held responsible for a death resulting from distracted driving may be charged with manslaughter.  Who Is Responsible in the Event of an Accident? If a distracted driver caused your car accident, Ohio distracted driving law allows you to recover compensation for your damages. However, to prevail, you must prove that the driver was negligent in causing your accident. Compensation recovered in distracted driving accidents includes pain and suffering, medical care, lost wages, and property damage. Information that strengthens your case for distracted driving consists of the following:  Police reports,  Eyewitness testimony and reports, Recorded evidence from camera footage, and Information provided by expert accident reconstructionists. You have a right to recover for the losses you suffered as a result of someone driving in violation of Ohio texting laws.  What Should You Do If You Were Hit by a Driver Who Was Texting and Driving? If hit by a driver that you believe was texting and driving, it’s essential to do the following. Call 911 It’s important to get any injuries checked out right away. Even if no one is injured, police responding to the scene write a report documenting the accident. This can be important to your later accident claim.  Collect Information Attempt to collect as much information as you can at the scene of the accident. Be sure to write down all the information of the driver that hit you, including their name, insurance information, driver license number, and telephone number. You may also wish to take down the statements of any eyewitnesses at the scene of the accident.  Take Photos Be sure to take photos of the accident as it occurred. These photos may be necessary if an accident reconstructionist needs to recreate the scene of the accident.  Contact a Lawyer Contact a personal injury lawyer with knowledge of Ohio texting laws to protect and defend your rights.  It may be challenging to think clearly after an accident, and even more difficult if you suffer an injury. However, following these steps may protect you in future lawsuits.  We’re Here to Answer Your Questions If you’ve been involved in a car accident and believe the driver was texting and driving, contact attorney Aaron Bensinger to discuss your case. Recognized as a Rising Star by Super Lawyers in both 2014 and 2015, Aaron has dedicated his career to representing victims of negligence. The attorneys at Bensinger Law possess in-depth knowledge of Ohio texting and driving laws and work to defend personal injury victims’ rights.    If you are involved in an accident with a distracted driver, contact Aaron Bensinger of Bensinger Law today to begin building your case and laying the foundation for your recovery.

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Personal Injury

Average Settlement for a Rear-End Collision in Ohio

Nov 23, 2020 | By Aaron Bensinger | Read Time: 3 minutes

Rear-end collisions are the most common type of car accident. In fact, according to the National Highway Traffic Safety Administration (NHTSA), rear-end crashes comprise approximately 30% of all car accidents nationwide. Given these facts, it is difficult to calculate an average settlement for a rear-end collision in Ohio accurately. Particular circumstances, including property damage, injuries, and noneconomic losses, as well as comparative negligence calculations, determine the average settlement amount for a rear-end collision.  What Goes into Rear-End Settlements When it comes to being rear ended, a settlement average is difficult to calculate. However, after evaluating the facts of your individual case, a qualified personal injury attorney in Ohio can help you estimate a fair rear-end collision settlement. Property Damage from Rear-End Accident Property damage to your vehicle resulting from a rear-end collision varies from non-existent to catastrophic. An average settlement for a rear-end collision in Ohio will depend, in part, on the extent of the damage to your vehicle.  Injuries from Rear-End Accident As with property damage, some people suffer minimal injuries. However, many individuals suffer serious injuries requiring medical attention. The costs associated with medical injuries from a rear-end collision may go on for months. Therefore, it’s essential to monitor your injuries carefully. Other common injuries associated with rear-end collisions include: Concussions, Back injuries,  Traumatic brain injuries, Internal injuries, and Spinal cord injuries resulting in partial or complete paralysis. You may also suffer other injuries not provided in the above list. Even if you did not suffer a life-threatening injury, this does not make your right to compensation any less critical. The amount of compensation you can get in an average settlement for rear-end car accidents varies based on your injuries’ severity.  Noneconomic Losses Noneconomic damages are intangible losses, including pain and suffering and the loss of enjoyment of life. Additionally, noneconomic losses include the effects the injuries may have on your personal life, including the impact on family life and loss of companionship. Noneconomic damages are difficult to calculate as these damages primarily cover the emotional repercussions of an accident. However, when you are rear ended, the settlement amount may often depend in large part on your noneconomic losses. Proving Negligence The following three elements must be present to prove negligence: The person who injured you owed you a duty of care; The person breached that duty of care by their conduct; and  The person’s actions caused your accident and injury. The evidence presented must prove these elements. In Ohio, the concept of comparative negligence determines liability in negligence cases such as rear-end collisions. Comparative negligence considers an injured person’s degree of fault in any accident. If your actions contributed in some way to you being rear ended, your settlement amount may be less than you reasonably expected. Your damages will be reduced proportionate to your degree of responsibility. However, if you were not at fault for the rear-end collision, you can recover the entire compensation sought. Will a Lawyer Maximize Your Settlement Amount? Insurance companies will frequently dispute fault in rear-end collisions to reduce the amount of your recoverable damages. When dealing with unrepresented parties, insurance companies may rely on individuals’ lack of knowledge regarding their rights. Additionally, insurance companies attempt to settle claims for much less than you deserve. As a result, consulting with a qualified personal injury attorney can maximize the average settlement amount for a rear-end collision.  Proving Fault A personal injury attorney works to gather the evidence required to establish responsibility in an accident. This may include police reports, photographs, eyewitness interviews, and accident recreation. Obtaining Medical Treatment Your injury attorney can advise you on how often to meet with your doctor regarding any possible injuries from a rear-end collision. They can also recommend medical providers that they have worked with before. Receiving a complete analysis of your injuries’ scope assures your settlement amount properly compensates you for the injuries suffered.  Avoiding Delays Working with a personal injury attorney reduces the possibility of any mistakes, delays, or errors in your case analysis. Your attorney can ensure you meet deadlines, provide appropriate statements to insurance companies, and make necessary disclosures. Estimating the Value of your Claim A rear-end collision is a traumatic event. Retaining representation for your claim assures that you receive a proper valuation of your damages and maximize the average settlement for a rear-end car accident you receive.  Much goes into correctly calculating an average rear-end collision settlement. A qualified personal injury attorney at Bensinger Law provides aggressive and diligent representation to assure the best possible outcome. We Are Here to Answer Your Questions Attorney Aaron Bensinger of Bensinger Law examines all required documents, medical reports, and police reports to analyze the facts behind your rear-end collision. Proving fault in a rear-end collision is difficult. Aaron Bensinger works to provide effective personal injury services to victims of negligence. Bensinger Law takes an aggressive stance with insurance companies. We aren’t afraid to take your case to court to defend your rights. We pride ourselves on the compassionate, personalized support we provide our clients. Contact our office today for a complimentary case review!

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Wrongful Death

How Do You Prove Fault in an Ohio Wrongful Death Case?

Jul 22, 2020 | By Aaron Bensinger | Read Time: 3 minutes

If you lost a loved one due to injuries they suffered in an accident, you and your family deserve justice. Bringing a wrongful death case can hold the at-fault party accountable for their negligent or wrongful actions and help you recover compensation for your losses. The question is, how do you prove a wrongful death case? In Northwest Ohio, Aaron L. Bensinger of Balyeat, Leahy, Daley, Miller & Bensinger, LLC helps families get the justice they deserve. Having an experienced Ohio wrongful death lawyer on your side helps protect your legal rights and increases your chances of a successful outcome. How Do You Prove Wrongful Death in Ohio? Wrongful death occurs when someone’s wrongful or negligent actions leads to the death of another person. Proving fault and establishing liability requires demonstrating these elements. Duty of Care The at-fault party had a legal obligation to act in a way that would not cause harm to the victim. For example, all motorists owe a duty of care to others on the roadway.  Breach of Duty The at-fault party failed to uphold their duty and acted in a way that put the victim at risk of harm. If a driver was looking down at their phone and didn’t notice a stop sign, that driver has breached their duty of care.  Causation In breaching their duty, the at-fault party caused the victim’s fatal injuries. So if, in running the stop sign, the driver strikes and kills another motorist, a pedestrian, a bicyclist, etc., the driver’s breach of duty caused the victim’s death. To build the most persuasive case possible, your attorney will investigate the circumstances of the accident and gather relevant evidence. Your lawyer may call on subject matter experts such as accident reconstruction specialists to provide opinions or testimony to substantiate your claim.  Who Can Sue for Wrongful Death? Under Ohio law, only a personal representative of the victim can sue for wrongful death. The personal representative brings legal action on behalf of the victim’s spouse, children, parents, or anyone else who might have a valid claim. The Ohio wrongful death laws are complex and provide only two years from the victim’s death to take legal action. Talking to an experienced attorney can help you determine whether you have a valid claim and, if so, what the potential value of the claim might be. You could be entitled to compensation for the victim’s funeral costs, burial expenses, future lost earnings, lost household assistance, and non-economic damages such as loss of companionship and guidance. Call an Ohio Wrongful Death Attorney Today for Help Although getting a settlement for your loved one’s death can’t undo the damage that was done, it will send a powerful message to the at-fault party and provide a sense of closure for you and your family. Aaron L. Bensinger of Balyeat, Leahy, Daley, Miller & Bensinger, LLC strives to provide an unmatched level of compassionate service to our clients. We will work tirelessly to get you and your family the justice you deserve. Contact Aaron L. Bensinger of Balyeat, Leahy, Daley, Miller & Bensinger, LLC today to discuss your options for filing an Ohio wrongful death claim. Call or contact us now to learn more or to schedule a free consultation.

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Personal Injury

Do I Need a Lawyer After a Car Accident in Ohio?

Jul 22, 2020 | By Aaron Bensinger | Read Time: 4 minutes

If you were involved in a car accident that someone else caused, you could be entitled to pursue legal action. You could be eligible to recover compensation for your medical bills, lost wages, and other damages. If you’re wondering when to get an attorney for a car accident, the following information can help you take the next step. When you do need an experienced Ohio car accident lawyer, call on Aaron L. Bensinger of Balyeat, Leahy, Daley, Miller & Bensinger, LLC. We provide compassionate representation for auto accident victims throughout northwest Ohio, and we will fight to get you the compensation you deserve. What Types of Cases Need a Car Accident Lawyer? One of the most common questions we hear from Ohio car crash victims is, Should I get an attorney after a car accident? The answer to this question depends on multiple factors. Typically, after a car accident, you need a lawyer if you suffered significant injuries that could require extensive treatment. You likely need a lawyer if your injuries will prevent you from working for more than a week or so or if you are at risk for having permanent or long-term problems. You might also benefit from having an attorney if the circumstances of the collision are in question. An experienced car accident attorney has the resources to investigate the accident and collect the evidence necessary to establish fault and liability. With a persuasive, well-documented case, the insurance company might be more likely to take your claim seriously. As a result, your lawyer could negotiate a favorable settlement on your behalf. Finally, if you need to pursue your case through a civil lawsuit, an attorney can be invaluable. Your lawyer and legal team will handle everything for you so you can focus on your recovery. What Types of Cases Might Not Need an Attorney? In some cases, you could successfully negotiate your own car accident settlement. For example, if you suffered only minor injuries and recovered quickly, your settlement value will likely be small. You might not need any legal assistance if the crash was clearly the fault of the other driver (especially if the police cited the other driver) or if the driver admitted to being at fault. Often, the insurance company will make a fair offer that covers your actual damages—medical bills and lost wages, typically—plus a little extra for your time and trouble. If the insurance company is cooperative and willing to do the right thing, having a lawyer on your side might not provide any significant benefit. The problem with this scenario is that you might not know whether the insurance company plans to play fair until it’s too late. How to Determine If It’s Worth It to Have a Car Accident Attorney Having an experienced attorney on your side can provide many benefits. If you aren’t sure whether getting a lawyer is right for you, these are some of the factors that suggest you might be better off having legal representation for your car accident claim. You Don’t Know the Extent of Your Injuries Sometimes injuries like whiplash don’t present symptoms right away. If you act too quickly to accept a settlement and later discover that your injuries are worse than you originally believed, you may not have any legal grounds to pursue further action. You Do Know the Extent of Your Injuries and They Are Severe If you suffered significant injuries, required hospitalization, or will need extensive treatment, talk to a lawyer. Insurance companies often try to undervalue your damages or claim that you had pre-existing conditions that caused your injuries to be more serious. You Have No Way to Get Medical Treatment To recover fully and get your life back on track, you need comprehensive medical care. If you can’t afford to pay your doctor bills, you should talk to an attorney. Your lawyer can help you get the treatment you need now. Your Injuries Affect Your Ability to Work If you have to miss work because of your injuries or if you can’t perform your job any longer, talk to an attorney as soon as possible. Getting fair compensation for lost wages and diminished earning capacity can be difficult to do on your own. You should also consider getting a lawyer if the insurance company tries to deny the claim or suggests the accident was your fault. Most attorneys take personal injury cases on a contingency basis, so you won’t have to pay any legal fees until your case is settled and your lawyer has recovered compensation for your damages. Talk to a Car Accident Lawyer from Bensinger Law So is it worth it to get a lawyer for a car accident? Ultimately this is a decision that you must make. Before you decide one way or the other, take advantage of the free consultation we offer. We will answer your questions and explain the various options you have for pursuing a claim. We are committed to providing all the information you need to make an informed decision about your future. To schedule a consultation or to speak with an experienced Ohio car accident lawyer, call or contact us online today.

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Personal Injury

Common Types of Car Accident Injuries in Ohio

Jul 22, 2020 | By Aaron Bensinger | Read Time: 3 minutes

Car crash injuries can leave you incapacitated and unable to work or handle your daily tasks. In Ohio, many of the most common types of auto accident injuries are serious or even life-threatening. Aaron L. Bensinger of Balyeat, Leahy, Daley, Miller & Bensinger, LLC is an experienced car accident lawyer serving clients throughout northwest Ohio, including Elida, Lima, Kenton, and Perry Counties. If you or a loved one sustained serious injuries, contact us today to learn whether you may be entitled to recover compensation for your medical bills, lost income, and emotional pain and suffering. What Are the Most Common Types of Ohio Car Accident Injuries? Motor vehicle collisions can cause a variety of injuries, ranging from mild bumps and bruises to severe or life-threatening conditions. Some of the most common types of serious auto accident injuries include: Broken bones, Dislocated joints, Head injuries and concussions, Traumatic brain injuries, Neck and spine injuries, Internal injuries, and Lost digits or limbs. Car accident victims can be left with permanent scars and disfigurement. Severe nerve damage and spinal cord trauma can leave victims paralyzed. Traumatic brain injuries can result in permanent cognitive impairment or leave the victim in a coma. After a car accident, you should seek medical treatment immediately, even if you believe you weren’t hurt. Shock can mask pain and lead accident victims to believe they did not sustain any injuries. Soft tissue damage such as whiplash can take days or even weeks to show symptoms. Seeing a qualified medical professional immediately will ensure that you get the comprehensive treatment you need. Your medical records will also serve to demonstrate the extent of your injuries should you elect to pursue legal action. Do I Need a Lawyer to Get a Car Accident Settlement? You aren’t required to have a lawyer to pursue a car accident claim or to get a settlement. However, having one can provide many clear advantages. If you weren’t badly injured or you didn’t suffer substantial damages, you might not need an attorney to get the compensation you deserve. Before you make any decisions about your claim, however, you should at least consult with a lawyer to explore your options. To help you make the best decision for you and your future, Bensinger Law offers a free consultation and case evaluation. When Should I Hire a Car Accident Attorney? After getting medical attention and treatment, your next move should be calling an attorney. Because most injury accident claims can be settled through the at-fault party’s insurance company, acting quickly can help resolve your case as quickly as possible. Under the Ohio statute of limitations, you have only two years from the date of your accident to take legal action. If you don’t file a lawsuit within that time, you could relinquish your legal right to recover compensation. Talking to a lawyer can help ensure you get the compensation you deserve. Contact Bensinger Law Today for a Free Consultation If you have an injury from a car accident, don’t talk to the insurance company or give a statement until you talk to an experienced personal injury lawyer. Anything you say in your statement can be used against you by the insurance company. Contact us today to schedule your no-cost case review and learn more about the potential compensation value of your Ohio car accident injuries.

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Personal Injury

What Is the Average Truck Accident Settlement in Ohio?

Jul 22, 2020 | By Aaron Bensinger | Read Time: 3 minutes

If you were hurt in a truck accident in Ohio, you may have the right to pursue legal action. If the truck driver or another party caused the accident, you could be entitled to compensation for your medical bills and other damages. As an accident victim, you are likely curious about the average semi-truck accident settlement amount. You may also wonder what factors affect your potential settlement value and how you can ensure you get the compensation you need to pay your medical bills and living expenses. Aaron L. Bensinger of Balyeat, Leahy, Daley, Miller & Bensinger, LLC helps injury victims throughout northwest Ohio. Having an experienced truck accident lawyer on your side will help ensure you get the justice and fair financial compensation you deserve. Calculating the Value of Commercial Truck Accident Settlements Every semi-truck accident is different, and every victim suffers a unique set of injuries and other damages. For this reason, we can’t easily establish an average Ohio truck settlement value. When we assist a commercial truck accident victim with their case, we calculate their claim value based on physical, emotional, and financial damages. Depending on the type and extent of your injuries—and how those injuries might affect your future—you could be entitled to recover compensation for some or all of the following: Emergency medical care, Hospital visits and treatment, Physician and surgeon services, Medications and medical devices, Rehab and physical therapy, Lost income and benefits, Pain and suffering, and Emotional trauma. If your injuries affect your ability to work or if you can’t resume your former job duties because of your injuries, you could be eligible for compensation for future lost income and lost earning capacity. If you suffered permanent injuries, scarring, or disability, you could also pursue compensation for diminished quality of life and other non-economic damages. Be careful of online truck settlement value calculators because they can’t provide an accurate claim value without analyzing all the details of your case. The best way to determine what your case value might be is to consult with an experienced personal injury attorney. The Challenges of Recovering a Truck Accident Settlement Unlike most car accident claims, commercial truck accident cases pose a unique set of challenges. Trucking companies (and their insurance carriers) will go to great lengths to minimize their financial liability after an accident. The insurance company might request a recorded statement from you, hoping you will say something they can use to reduce your claim’s value or to deny your claim completely. Never provide a statement without consulting an attorney. Otherwise you could put your legal right to compensation at risk. The sooner you can put a lawyer to work on your claim, the sooner they can launch an investigation and start gathering evidence. Time is of the essence, as evidence can be lost or destroyed quickly after an 18-wheeler or commercial truck crash. Having an experienced truck accident attorney on your side will help protect your legal rights. An attorney will also help you fight for the maximum possible compensation. How Long Does It Take to Get a Truck Accident Settlement? Because every case is different, the time it takes to resolve your claim will depend on several factors. The first step in the process is determining who was at fault for your accident. Our investigation will determine whether the truck driver, the trucking company, the shipper, the equipment manufacturer, or other parties caused or contributed to the crash. Once we identify the at-fault party, we will submit a demand to that party’s insurance company. For most of our truck injury clients, we are able to negotiate a settlement with the insurance company. This is typically the preferable outcome because it gets a check into your hand as quickly as possible. If we can’t negotiate a settlement with the insurance company, we have the option of filing a lawsuit and pursuing your case in court. Although the Ohio statute of limitations allows two years from the date of an injury accident to file a lawsuit, the sooner you contact an attorney and get started on your case, the sooner you can get a resolution and settlement. Contact an Ohio Truck Accident Lawyer Today for Help You don’t have to fight this battle on your own. Contact Aaron L. Bensinger today to learn more about your options for pursuing legal action. Aaron has extensive experience with truck accident cases, and he understands how to get the results you deserve. A free initial consultation can help you learn more about the potential value of your Ohio truck accident settlement.

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Personal Injury

How Much Can You Sue for Pain and Suffering in Ohio?

Jul 6, 2020 | By Aaron Bensinger | Read Time: 3 minutes

When you are injured in an accident caused by someone else’s negligence, you have the right to recover financial compensation. Your economic damages include items like your medical expenses and loss of earnings.  You may also be wondering how much money can you sue for pain and suffering. Ohio law is complicated when it comes to compensation for non-economic damages like pain and suffering. To better understand your potential claim value, you need to speak with a Northwest Ohio personal injury lawyer.   Determining If You Can Sue for Pain and Suffering Damages To determine whether you can sue for pain and suffering damages, you must first look at liability in your case. Before you can recover any compensation for your injuries, you must be able to prove liability against the defendant. That means the defendant must have: Owed a duty to you; Breached that duty; and Proximately caused your injuries through the breach of duty. Once you have successfully met the burden of proof for liability, you still have to prove your damages. You must be able to show you endured pain and suffering physically and/or emotionally. Factors courts look at when calculating your pain and suffering damages include: The severity of your injuries; How your injuries impacted your career, daily life, family, and relationships; The length of time it took you to heal; Whether future treatment is needed; and What your overall discomfort levels and pain were. These are all subjective figures. To help support your claim for pain and suffering, you want to have documentation from your medical providers as to your physical and emotional state of mind. They should discuss your pain and suffering, what medications you are taking or were previously prescribed, etc. It’s helpful to have family or friends who can write down or give testimony on your behalf. Your own written statement or testimony is also vital in helping others understand what you were going through. How Much Money Can You Sue for Pain and Suffering? The amount of financial compensation you can get for pain and suffering will vary. The more serious your injuries are, the larger settlement you are likely to receive.  Ohio does not have a cap on the amount of compensation you can recover for non-economic damages in catastrophic injury cases. Catastrophic injuries would be things like an amputated limb, permanent disabilities, or a physical deformity.  However, for non-catastrophic injuries, Ohio caps damages at $250,000 or three times the economic damages, whichever is greater. However, there is a maximum cap of $350,000 per plaintiff, or $500,000 for multiple plaintiffs. Steps to Take After Your Injury If you were not transported from the scene via ambulance, you still need to seek medical treatment right away. If you wait two or three weeks to seek medical treatment, the defendant’s insurance company may claim you were not that injured or that something happened after the initial accident. You do not want to give the defense any opportunity to poke holes in your case or raise doubt about how seriously you were injured.   Resolving Your Pain and Suffering Case Out of Court Understandably, you might be wondering whether it’s better to go to trial and how much do insurance companies pay for pain and suffering? There is no exact amount, but they often use some variation of a formula. It could be something like three times your economic damages for moderate to severe cases or five times your economic losses in catastrophic cases. However, every carrier values claims differently. This is why you want an experienced Northwest Ohio personal injury attorney on your side. We will advise you whether it makes more sense to resolve your case out of court or whether it’s worth taking your case to trial. Many personal injury cases resolve out of court, even before a lawsuit is filed at all. If we need to file a lawsuit on your behalf, it doesn’t mean your case will drag on for years until the court sets a trial date. We will continue to work with the defense to resolve your case for its full value. How Our Lawyers Can Help To help you maximize the amount of pain and suffering damages you can receive, we will conduct a thorough independent investigation on our own. Our goal is to prove liability against the other party and maximize the compensation you’ll receive. We will gather all necessary evidence, collect medical documentation, and hire any experts required to prove you deserve the amount of pain and suffering you’re demanding. If your case proceeds to litigation, we will handle all the trial preparation. We have the experience and the resources necessary to cover all the up-front expenses and hire the best experts available. If you need representation to sue for pain and suffering damages, let us help fight for you. Contact Bensinger Law today to schedule an initial consultation.

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Personal Injury

Ohio Car Accident Laws | Info for Injured Victims

Jul 6, 2020 | By Aaron Bensinger | Read Time: 3 minutes

Even if you follow all applicable traffic laws and drive defensively, there is no guarantee you won’t be involved in a car accident at some point. Car accidents can be a scary experience for anyone. It’s essential to remain calm afterward and remember the Ohio car accident laws. You need to know your responsibilities and your rights, which can improve your ability to file a claim later on. If you need legal assistance after a car accident, let our skilled Northwest car accident lawyers show you how we can help. Your Responsibilities After an Accident Understandably, you may feel overwhelmed after an accident and be unsure of what to do. Most importantly, you don’t want to leave the accident scene. If your injuries are not too severe and you can safely do so, get photos of vehicle damage, road conditions, and injuries. Get the contact information for any witnesses while you wait for the police to respond and prepare a report. In an accident where your injuries are not severe enough to warrant transport via ambulance, you should seek medical care and report the claim to your insurance company right away. Many carriers have requirements that the claim be reported within a specific time frame. Does the Other Driver Have Insurance? Determining whether the other driver has coverage is important. When you report your claim to your insurance carrier, they will file a report with the other party’s insurance. That insurance company will do a coverage investigation to determine whether coverage applies before deciding on liability. If the other party does not have applicable liability coverage, you will want to pursue a claim through your own Uninsured Motorist (UM) coverage if you purchased UM/UIM under your own policy.   Proving Fault Proving fault against the other party is necessary before you are entitled to recover any compensation for your damages. If there were multiple other vehicles involved, the process could become even more complicated. To successfully prove negligence, you must show the other party owed you a duty of care, they breached that duty, and that breach caused your injuries. Ohio car accident laws use comparative negligence to resolve claims. This means that as long as you are not more than 50% at fault, you can still recover a portion of your damages. However, the amount will be reduced by your percentage of fault. That means if a jury finds you 20% at fault, you will receive 80% of your damages. Statute of Limitations In Ohio, you only have up to two years to file a lawsuit for injuries resulting from an auto accident. Ohio auto accident laws are stringent on this deadline. Failure to file within the specified time limit could result in you receiving no compensation at all. When Insurance Companies Get Involved When presenting a claim to the other party’s insurance company, remember that they are not on your side. Their main goal is to save money, and their loyalty is to their insured, not you. This means they may deny liability outright or offer you an amount that is far less than your claim is worth. You should never sign any documents or agree to a settlement amount without first talking with a knowledgeable attorney. How Our Lawyers Can Help Deciphering Ohio auto accident laws can be complicated. You need someone on your side who understands the claims process and the applicable laws. When you retain our Northwest Ohio car accident attorneys, we will handle your claim from start to finish, so you can concentrate on your recovery. We will conduct an independent investigation, collect the necessary evidence, negotiate with the defendant’s insurance, and keep an eye on the statute of limitations. If your case needs to be resolved through a trial, we have the experience and resources to make that happen. Don’t let your fear of the legal system keep you from pursuing the compensation you deserve.  Contact Bensinger Law today to schedule a consultation and learn more about how we can help you after an Ohio car accident. With our years of experience handling Ohio car accident claims, you can be sure we won’t let the insurance company push you into settling for less than your case is worth. 

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