Legal Blog - Page 3 of 6 - Bensinger Legal Services

Rear-Ended by a Semi-Truck in Ohio? Here’s What to Do

Jan 26, 2021 | By Aaron Bensinger | Read Time: 3 minutes

According to the National Highway Traffic Safety Administration, rear-end collisions account for approximately 30% of all motor vehicle accidents. The majority of these accidents involve regular passenger vehicles, but they also include semi-truck rear ends. If you have been rear-ended by a semi-truck, you understand how frightening it can be. Semi-trucks are much larger than standard cars, and trucks and have the potential to cause significantly more damage. What to Do When You Are Rear Ended by a Semi-Truck in Ohio If you are rear ended by a semi-truck and sustain significant injuries, you may be entitled to relief. It is important to follow some general guidelines on what to do when you are rear ended by a semi-truck to ensure that you have the best case possible for compensation. Call the Proper Authorities Anytime there is an accident involving a semi-truck, there is a potential for further damage. Calling 911 will put you in touch with both emergency medical personnel and the police, who can then ensure the proper authorities are on-scene to address the situation. Semi-trucks are large and can easily impede traffic and cause additional damage. Seek Medical Attention Your safety and the safety of your passengers is the most important thing immediately following any vehicle accident. This includes both emergency medical attention and follow ups with your doctor as you begin to heal or become aware of additional injuries. Do not wait and hope your pain subsides. Ohio has a two-year statute of limitations for personal injury claims, including vehicle accidents. Do Not Sign Anything from an Insurance Company Following an accident with a semi-truck, the other party’s insurance company will likely make a quick settlement offer for lower than what you require for your damages. Take into consideration that compensation that covers your immediate medical bills or vehicle repairs or replacement may not be sufficient for long-term repercussions from being rear ended by a semi-truck. A personal injury attorney can help you negotiate with the insurance company. Keep Records of Everything You should not be responsible for expenses related to injuries or damage you sustain. Make sure to keep receipts and record all medical expenses, treatments, assistance expenses, prescriptions, and property damage that you would not have incurred had it not been for the accident. Also keep records of how your injuries have impacted your life, such as pain you have suffered or changes in your ability to do household tasks or activities you once enjoyed. Consult a Personal Injury Attorney The help of an experienced personal injury attorney who is aware of Ohio car accident laws could be crucial to getting the compensation you deserve. They can negotiate with insurance companies for a fair settlement or file a lawsuit on your behalf. Types of Compensation Available Ohio follows a modified comparative fault system when determining liability. This means that you can be compensated even if you also made driving mistakes that lead to the accident, but only if your fault is not more than 50%. There are two different types of compensation that you may be entitled to. Economic Damages Expenses that you incur because of the accident are considered economic damages. They directly impact your finances. Some of these expenses may include: Medical expenses, such as hospital bills or surgery; Property damage to your vehicle and its contents; Ongoing treatment costs for injuries; Lost wages if you are unable to work; and Diminished earning capacity due to permanent injury. If a loved one passes away after being rear-ended by a semi-truck, you may be able to file a wrongful death suit to receive compensation for funeral and burial expenses along with other damages. Semi-trucks accounted for 11% off all traffic incident deaths in 2019. Non-Economic Damages Damages that do not involve a tangible invoice for a specific amount are deemed non-economic damages. These may include: Pain and suffering, Emotional distress, Disfigurement, Disability, Loss of enjoyment of life, and Loss of consortium. These damages are generally ongoing and impact life in ways that extend beyond finances. How Can an Ohio Personal Injury Lawyer Help? One of the biggest stressors aside from coping with injuries is the stress of achieving fair compensation. There are a lot of factors that go into determining accident fault, economic expenses, and non-economic losses. An experienced car accident attorney will be able to guide you through the process. Aaron Bensinger is committed to helping clients seek the compensation they deserve through a compassionate and individualized representation of their unique situation. Call or contact Bensinger Law to schedule your free consultation.

Personal Injury

What Do You Do If You Have Back Pain After a Car Accident in Ohio?

Jan 26, 2021 | By Aaron Bensinger | Read Time: 3 minutes

Every year over 2.5 million Americans visit the emergency room as a result of car accidents. Millions more do not—only to later realize the severity of their injuries. Back pain from a car accident is one of the most prevalent injuries to occur. Studies have shown that injuries from car accidents can occur at speeds as low as 2.5 miles per hour. Common Types of Back Pain After a Car Accident There are a number of painful back injuries that can arise from car accidents. Just because you might feel ok immediately following a car accident does not mean that back pain after a car accident will not become an issue. According to the Ohio Highway Safety Office, there were 24,919 traffic incidents in 2020 where injury may have occurred. Here are some of the things you could be experiencing when your back hurts after a car accident. Whiplash from a Car Accident Your neck is essentially the uppermost part of your back and is extremely vulnerable to injury from impact. Whiplash is the most common with more than 3 million new cases each year. Statistics show that 1 in 10 people become permanently disabled from whiplash. Lower Back Pain from a Car Accident It can be difficult to pinpoint the source of lower back pain from a car accident. A lumbar sprain could be what is causing the pain. This means that the soft tissue supporting the spine has experienced trauma. A lumbar spine injury is also possible and could require extensive medical treatment. Degenerative Disk Disease from a Car Accident Degenerative disk disease is the process of a spinal disc wearing out over a lifetime of constant wear and tear. Car accidents can cause degeneration to occur at an increased rate. Spinal Cord Issues from a Car Accident According to the National Spinal Cord Statistical Center, car accidents have been the most common cause of spinal injuries since 2010 (38%). There are several injuries that could occur, including: Pinched nerves, Herniated or ruptured disc, Spondylosis, Bulging disc, Spinal stenosis, Paraplegia, and Quadriplegia. Facet Joint Pain from a Car Accident A facet joint injury can have a big impact on mobility and make it very difficult to live life comfortably. Serious car accidents can cause facet joint injuries that require medical attention and potentially surgery. What Do You Do If You Have Back Pain After a Car Accident? Adrenaline is a real thing, and in the moment, the severity of your injuries may not be apparent. It can take days, weeks, months, or even years for back pain after a car accident to really set in. There are steps you should take to ensure your legal right to compensation if you have back pain after a car accident. Seek Medical Attention It is important to seek medical attention after any significant car accident. You may not recognize the signs of inflammation or injury right away. Do not try and tough it out to see if it gets better. Do Not Sign or Agree to Anything Insurance companies are not looking to make sure you get all the compensation you may need to cover future medical concerns when you have back pain from a car accident. Ohio is a comparative fault state, meaning that insurance companies will do their best to find you partially liable for the accident in an effort to reduce your settlement. Speak to a Car Accident Attorney An Ohio personal injury attorney with experience dealing with car accident cases will be able to evaluate your claim and determine the best way to ensure you get the relief you need. Ohio has a two-year statute of limitations for vehicle accidents, so it is important not to wait. Keep Detailed Records Even if your injuries don’t seem severe immediately after the car accident, it is important to keep detailed records of all medical treatment. Having a police report and witness testimony along with doctors’ notes will help to strengthen your case for compensation. Choosing a Car Accident Attorney Back pain from a car accident can be debilitating, and you should not have to suffer because of someone else’s negligence. Receiving fair compensation for your injuries can be crucial to the recovery process. Aaron Bensinger of Bensinger Law provides compassionate personal injury service to clients who have been injured in car accidents. Aaron and his team work diligently to provide representation to the Northwest Ohio region. Contact Bensinger Law for a free consultation, and find how you can be compensated for back pain from your car accident.

Personal Injury

Ohio Motorcycle Laws Overview

Jan 26, 2021 | By Aaron Bensinger | Read Time: 3 minutes

Whether you’re a new rider or a seasoned pro, it’s important to understand Ohio motorcycle laws. While motorcycles are subject to many of the same rules of the road as cars, there are a few motorcycle laws Ohio has adopted that apply specifically to two- and three-wheeled vehicles. Ohio Motorcycle License and Endorsements Drivers in Ohio must have a motorcycle license or a motorcycle endorsement on their driver license to legally operate a motorcycle in the state. Ohio law defines motorcycles as any motor vehicle with a seat for the operator designed to travel on not more than three wheels, regardless of weight or brake horsepower. Accordingly, Ohio drivers must have the appropriate endorsement for the kind of motorcycle they own. Before obtaining a full license or endorsement, Ohio riders must first get a temporary instruction permit identification card (TIPIC). A TIPIC is subject to several restrictions, including: No night driving (between sunset and sunrise); No passengers; Wearing a helmet and protective eyewear at all times; and No driving on interstates or congested roadways. To obtain a motorcycle endorsement, a rider must complete a motorcycle riding course before applying. A motorcycle endorsement from another state is also valid in Ohio. Ohio Motorcycle Passenger Laws Ohio Revised Code § 4511.53 sets out some general rules for motorcycle passengers: A motorcycle may carry only as many passengers as it is designed and equipped to carry; All passengers must have a seat firmly attached to the motorcycle; and Passengers must ride facing forward with one leg on each side of the motorcycle. Additionally, as mentioned above, passengers are not allowed to ride with riders licensed only with a TIPIC. Ohio Motorcycle Helmet Laws Motorcycle laws in Ohio do not generally require helmets for adult motorcycle riders. However there are two exceptions in addition to the TIPIC restriction mentioned above. Ohio helmet laws require riders to wear a helmet If they are under 18 years of age; and During the first year they have obtained the motorcycle license or endorsement. The Ohio Bureau of Motor Vehicles designates riders as “novice” for the first year after they obtain an endorsement. As long as riders have the novice designation, they must wear a helmet even if they are over 18. Even though Ohio does not require helmets for most riders, wearing one is a smart choice. Injuries in motorcycle accidents are often more severe because the rider has much less protection compared to the driver of a car. Eye and Hearing Protection Ohio motorcycle laws require riders to have eye protection. Valid eye protection includes a helmet with a visor, sunglasses, or a windscreen. Riders may also choose to wear earplugs or earphones, though they may be used only to protect the rider’s hearing; using headphones to listen to music while driving in Ohio is generally illegal. Lane Sharing and Lane Splitting Lane sharing is when multiple motorcycles ride near each other in the same lane. Ohio Revised Code § 4511.55 permits motorcycles to share a lane in a “two wide” formation. In other words, riders in Ohio may not ride next to more than one other rider in the same lane. Lane splitting is when a rider drives on the line between the lanes to pass between other vehicles moving in the same direction. Just like all other states except California, lane splitting is illegal in Ohio. Should I Hire a Motorcycle Accident Attorney? If you or a loved one is injured in a motorcycle accident, an attorney may be able to help you recover damages for injuries and medical expenses. If you are facing severe injuries, long recovery, and extensive medical bills, it’s appropriate to contact an accident attorney for help with your case. Why It’s Important to Understand Ohio Motorcycle Laws In addition to making you a better driver, knowing motorcycle laws in Ohio can have a significant impact on your damages. Ohio uses the “comparative fault” model of contributory negligence to determine fault after an accident. Under this model, a plaintiff can recover compensation as long as they were no more than 50% at fault for the accident. If you are injured in a motorcycle accident, how well you followed Ohio’s motorcycle laws could affect your ability to recover damages. Lane splitting, speeding, or not wearing a helmet when required can all affect your percentage of fault. Ohio Motorcycle Accident Attorneys Bensinger Law takes a client-focused approach to serve Ohioans across the state in accident injury cases involving motorcycles and other motor vehicles. Contact us today by filling out our form or giving us a call at 419-455-1410 for a free case review.

Personal Injury

Average Settlement for a Pedestrian Hit by a Car in Ohio

Jan 26, 2021 | By Aaron Bensinger | Read Time: 3 minutes

Tragedy strikes when a pedestrian, minding their own business, is hit by a car. The unfair matchup of man versus machine often leaves the pedestrian seriously injured. All too often, pedestrian accidents are fatal. In 2019, motorists killed 128 pedestrians in Ohio crashes. In an analysis of serious and fatal pedestrian accidents in Ohio, the Ohio Department of Transportation found: Pedestrian crashes are increasing in Ohio; 87% of fatal and serious pedestrian crashes occur in urban areas; In 2017, 12% of all Ohio crash fatalities were pedestrians; 69% of fatal pedestrian crashes occurred at night; Fatal and serious pedestrian crashes occur primarily in fall and winter; Men were victims of 67% of fatal pedestrian crashes; Youth were involved in more than 20% of all fatal or serious pedestrian crashes; and One-third of all fatal pedestrian crashes involved alcohol. As these statistics show, pedestrian crashes are all too common in Ohio. While education, enforcement, and stricter laws can prevent future accidents, those measures don’t help victims already hurt in a crash. However, victims can pursue justice through a pedestrian-hit-by-a-car settlement. Pedestrian car accident settlements can help crash victims and their families. At Bensinger Legal Services, we work to get victims the money they deserve. If you are curious about pedestrian-hit-by-a-car average settlement amounts, we have some guidelines to determine potential compensation. Here, we discuss compensation that may be available in a pedestrian-hit-by-a-car lawsuit. When Can a Pedestrian Hit By a Car Sue? A pedestrian hit by a car can sue when they were injured due to someone’s irresponsible behavior. Of course, if a driver intentionally strikes you, that action invites criminal charges and a civil lawsuit. However, most of the time, a pedestrian-hit-by-a-car lawsuit is based on negligence. A personal injury or wrongful death lawsuit based on negligence requires these elements. Duty of Care The driver owed pedestrians a duty of care. This means the driver was supposed to follow the traffic laws and drive responsibly to protect other drivers and pedestrians. Breach of Duty The driver breached the duty of care if they broke a law or acted irresponsibly. For instance, if the driver was speeding, drunk, or texting while driving, these actions breached the duty of care to others on the road. Breach Caused Harm The driver’s breach of care harmed a pedestrian. Such harm usually occurs when a driver crashes into a pedestrian. Pedestrian Suffered Damages The pedestrian must suffer harm that can be compensated by the court. Because the legal process can be expensive, it won’t be worth pursuing a claim over a minor injury like a bruise or a scrape. The pedestrian should have suffered significant physical or financial harm to justify a lawsuit. What Pedestrian-Hit-By-a-Car Compensation Is Available? In a personal injury lawsuit, a pedestrian sues for damages, which come in several forms: Economic damages include medical bills, lost wages, and other calculable financial expenses; Non-economic damages include emotional harm like pain and suffering; and Punitive damages punish the driver for terrible behavior. If you lost a loved one in a pedestrian accident, your family could sue for the financial and emotional harm you have experienced as a result of your loved one’s death. Perhaps it seems difficult to put a dollar amount on pain and suffering. We know that no amount of money can compensate you for this pain. Because the specifics of each case determine the damages amount, there is no average settlement for a pedestrian hit by a car. However, our legal team will calculate a fair request based on our years of experience representing accident victims. Contact an Experienced Pedestrian Attorney If you have been injured or lost a loved one in a pedestrian accident, you need a skilled attorney. At Bensinger Legal Services, we will help you fight for justice. A pedestrian-hit-by-a-car settlement can provide for you and your family and protect other pedestrians by bringing awareness to these accidents. Contact us today for a free consultation. When we meet (virtually or in person), we can discuss your experience and available legal options. You’ll have the opportunity to ask questions, like, How much should I settle for getting hit by a car? We work on contingency, meaning you owe us no payment until we win your case. Take the first step toward compensation for the harm you have suffered by contacting our law firm for a free consultation.

Personal Injury

Average Settlement for a Traumatic Brain Injury in Ohio

Jan 26, 2021 | By Aaron Bensinger | Read Time: 3 minutes

If you or a loved one suffers from a traumatic brain injury (TBI), you know how scary they can be. Injuries to the brain are no joke, and their symptoms are sometimes hard to spot, so any concerns you have about them are always valid. After a TBI that isn’t your fault, you deserve compensation from the person who injured you or your loved one. If you’re thinking about filing a claim for compensation, you may wonder, What is the average settlement for a traumatic brain injury? Unfortunately, there is no average TBI injury or accident. Each is unique in its own way. As a result, there is no average head injury settlement amount. With that said, after we listen to your story, Bensinger Law can give you an estimate of your final settlement amount. There are a few factors we use to determine how much a final settlement will be. However, the most important factor is the effects of the given TBI. The effects and severity of a TBI will have a significant impact on any final settlement amount. Examples of TBI Effects The following effects are some of the most common effects of TBIs. Some of the effects have a more significant impact on your life than others, so they are also more likely to affect your settlement amount. This logic applies to the cost of treatment as well: the more significant an injury, the more it will cost to treat it. In the same vein, the severity of each of the effects will impact a final settlement amount. If all the effects are present and severe, you will get a relatively large settlement. On the other hand, if only one or two of the effects are present and don’t have a significant impact on your life, your settlement will be relatively small. Physical Effects TBIs can cause both long and short-term effects. The long- and short-term effects are often identical outside of the amount of time they last. These effects include headaches or migraines, blurred vision, dizziness, and chronic fatigue. It can be quite difficult to predict whether these effects will last long term or will go away, but your medical provider can make an educated guess on the matter. These physical effects can have a significant impact on your ability to work or drive safely. As a result, the more they are present, the higher settlement amounts for traumatic brain injuries are. Cognitive Effects TBIs can cause both long and short-term cognitive effects. Memory impairment is not uncommon after a TBI and can dramatically disrupt your life. Similarly, one’s reading comprehension or problem-solving ability can suffer after a TBI, which can also cause dramatic life disruptions. Some people may end up needing permanent help at home with tasks like cooking, cleaning, and dressing themselves, the cost of which adds up quickly. Because these effects can impact a life so drastically, their impact on final settlement amounts can be equally drastic. Emotional or Social Effects Often less apparent than cognitive or physical effects, emotional and social effects can also result from TBIs. These effects are harder to quantify but are just as real as any cognitive or physical effect. The strain of a TBI cannot be overstated. The physical and cognitive effects can be frustrating and aggravate any emotional effects. However, because they are harder to quantify and identify, it’s harder to estimate the impact of emotional effects on final settlement amounts. It’s All About Severity Your final settlement amount will depend greatly on how severe the injury and its effects are and how long they last. Take, for example, a person who suffers from headaches for a month after their accident but can still work. This person will have a relatively small settlement compared to someone who suffers from migraines for just one month but is incapacitated by them. The second person won’t be able to work and will likely require more medical treatment, so logically, their settlement will be larger than the first person despite aftereffects that appear quite similar. On the other hand, someone may need in-home help for the rest of their life due to the cognitive effects of their TBI. For the third person, the settlement amount will be dramatically higher than the first two. Contact Us Today Aaron Bensinger of Bensinger Law is here to help if you need help with severe or mild traumatic brain injury settlements. Aaron’s priority is his clients. He recognizes that each client has a unique story and each client’s case requires a unique approach. As a result, he takes great care to listen to his clients and personalize his service to meet their unique needs. If you need help after a TBI, don’t hesitate—contact us today!

Personal Injury

Average Motorcycle Accident Settlement in Ohio

Jan 26, 2021 | By Aaron Bensinger | Read Time: 3 minutes

A motorcycle accident that isn’t your fault can cause a severe disruption in your life. Car accidents are never fun, but an accident on a motorcycle is often worse. We get a common question at Bensinger Law regarding motorcycle accidents: What is the average motorcycle accident settlement in Ohio? The answer is not so simple. Since the circumstances surrounding every accident differ, so do their settlement amounts. However, we can look at a few factors in your accident and get a general idea as to the possible settlement amount you can expect. Whatever the anticipated motorcycle accident compensation amount, we’ll fight for the maximum possible reimbursement in your motorcycle injury settlement. What Affects a Motorcycle Accident Settlement’s Amount? The most important factor we use to calculate possible settlement amounts is the type of damage you suffer in the accident. Some types of damages are more calculable than others. Here we outline the different possible damages and how they affect settlement amounts. Medical Bills The total cost of the medical bills you have will dramatically affect the average settlement for your motorcycle accident. Your medical bills can be a very accurate predictor for your final settlement amount because they are tangible and difficult to dispute. There is a clear set value to any medical bill, so we have no trouble factoring medical bills into a predicted settlement amount. Furthermore, medical bills are difficult to dispute. Put simply, the more expensive your medical bills are, the higher your settlement amount is. Lost Wages Like medical bills, the amount of wages you lose will have a significant impact on the final settlement amount. This factor only applies, however, if you miss work due to your motorcycle accident. Wages lost can include time taken off to recover from injuries or hours missed due to medical appointments associated with the accident. Wages lost can also include hours you miss as a direct result of the accident. After all, it’s pretty hard to get to work after your ride is wrecked. Sometimes lost wages include work hours that you miss due to the psychological toll of the accident. At the end of the day, lost wages are easy to track and easy to prove. As a result, they are an accurate predictor of a settlement’s final amount. Intangible Damages Often referred to in legalese as non-economic damages, intangible damages can be harder to prove and even harder to quantify. If we are representing you, we can estimate the total amount of intangible damages you’ll recover. However, unlike with medical bills or lost wages, estimating your intangible damages takes a bit of guesswork. The total amount of intangible damages is often a contested part of any personal injury claim. As a result, they can vary widely and fall outside of initial predictions. However, with an experienced attorney on your side, you can rest easy with the knowledge that they know exactly how to approach intangible damages in settlement negotiations. Combining Damages Whether you suffer from just one of these types of damages or more than one can also help us predict a final settlement amount. If you have medical bills but no lost wages, your final settlement will often be smaller than a claim that involves both. The same goes for any combination of the outlined damage types. Thus, if you suffer from all three of the aforementioned damage types, you’ll get a relatively large settlement. The average settlement is hard to predict, but we can give you an idea of what your settlement might look like when we hear your story. Contact Us Today While Bensinger Law can’t tell you the average settlement for motorcycle accidents, we can help you estimate your damages. The types of damages you suffer can help us make such a prediction. However, there are other important factors like the extent or severity of injuries, fault, and whether the opposing party disputes any of the claims. Bensinger Law has extensive experience helping motorcycle riders recover damages after accidents. With our expertise on your side, we can help you accurately predict what your settlement might look like. Aaron Bensinger’s priority is your satisfaction, so don’t hesitate to contact us today for a free consultation!

Wrongful Death

What Is the Average Wrongful Death Settlement In Ohio?

Dec 15, 2020 | By Aaron Bensinger | Read Time: 3 minutes

Compared to a typical personal injury case, a wrongful death case can be much more significant. Because of this, the settlement amount for a wrongful death case may also be much more significant. Because settlements are not public, it is impossible to give an average amount of a wrongful death settlement in Ohio. Additionally, there is no ordinary wrongful death. The circumstances of any wrongful death vary quite a bit. Different factors will affect the total amount of any wrongful death settlement. A wrongful death lawyer can help determine which of these factors impacts your case most. Examples Of Determining Factors The following list of factors help determine what a potential wrongful death settlement can be. Age The age of the deceased and their loved ones is one of the main factors considered in a wrongful death settlement. It can have an impact on the settlement in multiple ways. Age of the deceased The age of the deceased party can have a significant impact on the total settlement. If the deceased is older, their loved ones are likely to get less compensation. For example, the financial impact of an 80-year-old retiree’s wrongful death will typically be significantly less than that of a 40-year-old working person. Likewise, the years of love, guidance, and emotional support lost to loved ones will be fewer if the victim is older. The age and existence of dependents If they exist, the age of the decedent’s dependents is another important factor in determining what a good settlement is. If the decedent has young dependent children, the settlement amount increases. If a dependent is older, the settlement will be smaller. However, age is not the only factor with dependents. Some people have disabled adult children that continue to depend on them for financial support well beyond childhood. This will be factored into any settlement value. Earning Potential The deceased’s earning potential is also an important factor in a settlement. Here, the question is, “What would the deceased have earned in the years before their retirement?” The deceased’s earning potential is closely linked with their age. The average income of the deceased is combined with an expected date of retirement to help determine a settlement amount. The deceased’s education and training also factor into the settlement amount. A 30-year-old surgeon will have a much higher future earning potential than a grocery store clerk of the same age. Other Factors There are plenty of other factors that can impact wrongful death settlements in Ohio, including: Whether the death occurred at work with the employer at fault; Whether the deceased is due life insurance, pensions, or retirement benefits; Whether negligence, intent, or recklessness of the at-fault party exists; Whether the at-fault party has insurance covering wrongful death claims; and Whether the deceased’s negligence contributed to the death. Your attorney can help you determine how these factors may be relevant to your wrongful death case. Contact Bensinger Law Today If your loved one suffered a wrongful death due to the fault of someone else, all of these factors must be accounted for. For this, you need an attorney with experience with Ohio wrongful death cases. Bensinger Law, based in Northwest Ohio, has this experience. Bensinger Law is a client-focused law firm serving all of Ohio with digital chat-help available on their website most hours of the day. Contact Bensinger Law today.

Personal Injury

What Is the Average Settlement from Concussion Injuries?

Dec 15, 2020 | By Aaron Bensinger | Read Time: 2 minutes

A concussion should not be taken lightly—it is a serious medical condition that impacts brain function. Concussions can lead to problems with concentration, memory, balance, and coordination. As a result, it can be challenging to return to school or work and resume everyday activities when battling a concussion. If the wrongful act or recklessness of another caused your concussion, you might have legal recourse. You may be entitled to compensation for your injury. An experienced attorney can work towards a legal settlement in your case. What Are Some of the Symptoms of a Concussion? The impact of a concussion varies. Some of the more common symptoms of a concussion include: Headache, Confusion, Lack of coordination, Memory loss, Nausea, Dizziness, Sleepiness, and Excessive fatigue. The more serious symptoms may require an immediate visit to an emergency room, especially if present in children. These symptoms include: Seizures or convulsions; Loss of consciousness for an extended period; Unusual, bizarre, or irritable behavior; Slurred speech; and Discharge or blood coming out of the nose or ears. Even if none of the above symptoms are present, you should see a physician if you think you may have a concussion or any type of brain trauma. Are Concussions Common After Car Accidents? Concussions are common after car accidents. In fact, a concussion is one of the most common types of injury that people suffer in car accidents. Hitting your head upon impact or violent shaking in a collision often cause concussions. What Are Some of the Difficulties of Concussion Settlement Claims? Concussion settlements are challenging when there is no evidence of injury and harm. This occurs if the injured party failed to receive a medical diagnosis of a concussion. In addition, many people go back to work or school while still suffering from a concussion. This makes it harder to settle since the opposing side will argue that the concussion didn’t have an impact on your life Is There an Average Concussion Settlement Amount? There is not a defined concussion settlement amount since the level of severity varies for each concussion victim. The cost of medical expenses, lost wages, and level of disruptions to life differ as well. These are each considerations in a settlement also. How Can I Maximize My Settlement Amount? To maximize a concussion settlement amount, hire an attorney. Also, keep clear records regarding the cause of the concussion (car accident records and reports), medical expenses, and lost wages. Finally, aside from your attorney, speak to no one regarding your possible claim. When Should I Hire an Attorney? If you have or suspect that you have a concussion and think it may have been caused in a car accident that wasn’t your fault, contact a lawyer as soon as possible. Because concussions are serious brain injuries that can require extensive medical treatment, getting compensation for your concussion is crucial. An experienced attorney will work to get you the settlement you deserve if the negligence of another caused your concussion. Contact Bensinger Law Bensinger Law is experienced in concussion cases, car accidents, and settlement offers. Aaron Bensinger represents clients throughout Ohio. He is a passionate advocate and is ready to help you today. Contact him now for a free consultation.

Personal Injury

How Much Is My Personal Injury Case Worth In Ohio?

Dec 15, 2020 | By Aaron Bensinger | Read Time: 3 minutes

Personal injury cases go hand-in-hand with negligence. If you are injured by a person who didn’t act with care, that person may be negligent. If the other person was indeed negligent, you have a right to recover compensation for your resulting injuries. We suggest that you hire an experienced attorney to help you assess how much your personal injury case in Ohio is worth. What Damages Are Considered? Personal injury accidents generally result in physical, financial, and sometimes even emotional harm. The worth of your personal injury case is based mainly on your losses. Generally, our legal system allows accident victims to seek compensation for the following types of damages: Lost wages, Medical expenses, Replacement or repair of property damage, Cost of living with a disability, Future losses and expenses resulting from the injury, Lost earning capacity, Mental anguish and emotional harm, Pain and suffering, and Funeral costs associated with the death of a loved one in a wrongful death case. Determining the worth of your personal injury claim is a multi-step process that includes identifying who was at fault and estimating the value of your losses. Along with the list above, an attorney may find that there are additional losses you can recover. How Can I Maximize the Value of My Claim? Your attorney will gather the facts of the case, estimate your damages, and file legal paperwork. These things are at the heart of pursuing a claim, with your damages having the greatest impact on the value of your case. The lawyer will then maximize your claim’s value by doing three primary things: They will assess the true value of all your damages; They will review prior court records of similar cases and the resulting court-ordered damages; and They will compare settlement amounts for similar personal injury cases. For your part, hiring an attorney, complying with that attorney’s requests, and keeping accurate records to provide to your attorney are necessary to maximize your claim’s worth. What Should I Know About Dealing with Insurance Companies? Insurance companies handle personal injury cases regularly, so they maintain a staff of expert attorneys to look out for their best interests. Because of this, it would be best if you allowed an attorney to speak with the insurance company on your behalf. Insurance companies will often seek to settle the case directly with you. Doing so allows them to avoid any chance of paying you a higher amount through attorney negotiations or trial. When you accept their offer for a set amount for your damages, you enter into a contract. That settlement contract ends your opportunity to seek further compensation for your damages. We recommend hiring your own experienced attorney to deal with insurance companies, so you get the amount that your personal injury case is worth. Seek legal counsel if you have suffered injury in an accident. Timely legal representation by an experienced personal injury attorney must be the first step in addressing your case and determining your injuries’ value. It is imperative that you contact an attorney as soon as possible if you think the negligence of another caused you any type of harm. Contact Bensinger Law for Your Personal Injury Needs Aaron Bensinger of Bensinger Law provides excellent personal injury and civil litigation service to clients from various backgrounds. He and his team strive for unmatched representation. Bensinger Law is proud to provide assistance in Lima, Findlay, Van Wert, Kenton, Elida, and throughout the state of Ohio. Aaron Bensinger is an experienced, driven, and committed attorney. Contact him for a free consultation today.

Personal Injury

When to Get an Attorney for a Car Accident in Ohio

Dec 11, 2020 | By Aaron Bensinger | Read Time: 3 minutes

If you sustained injuries in an Ohio car accident that wasn’t your fault, you could be entitled to pursue legal action. You could be eligible to recover compensation for your medical bills, lost income, pain and suffering, and more. If you’re wondering when to get an attorney for a car accident—or whether you need a car accident lawyer at all—consider how doing so could benefit you. An experienced attorney will fight to protect your legal rights and work diligently to get you the compensation you deserve. What Types of Car Accident Cases Could Benefit from Having a Lawyer? If you’re wondering, Should I get an attorney after a car accident? ask yourself a few basic questions. How Serious Are Your Injuries? If you required emergency medical attention or immediate treatment, the chances are good that you sustained serious injuries. If you have to miss work, or if your injuries will require additional medical attention, you may want to talk to an attorney. Finally, if you face any risk of long-term problems, disability, permanent scarring, etc., talking to a lawyer is likely in your best interest. What Were the Circumstances of the Accident? If someone else was clearly at fault in your accident—for example, they were cited by the police for the accident or they admitted fault at the scene—you might be able to pursue an insurance claim on your own. If the circumstances were less clear, having an attorney could benefit you. Your lawyer will investigate the accident and compile the necessary evidence to build a persuasive case. How Quickly Do you Need a Resolution? Car accident lawyers typically resolve claims through a settlement with the at-fault party’s insurance company. This gets the victim a check as quickly as possible and saves the time and hassle of going to court. An experienced lawyer can push the insurance company to begin negotiations or, if necessary, file a lawsuit in civil court. How Having a Car Accident Attorney Will Benefit You When you have an experienced attorney on your side, you will have a compassionate advocate fighting to get you justice. An attorney understands the law and how the personal injury claims process works. Your lawyer and legal team will build a persuasive case and document all economic and non-economic damages you suffered. This helps ensure that you recover the compensation you deserve. Your attorney will handle every aspect of your case, including dealing with the insurance company, other lawyers, and any other parties that may be involved. This leaves you free to get the medical attention you need and lets you focus on getting back on your feet. Your lawyer can also connect you with doctors and other treatment providers who can ensure you get comprehensive treatment. For most Ohio car accident victims, working with an experienced personal injury attorney simply makes good sense. You should contact an attorney as quickly as possible after a car accident to help protect your legal right to recover compensation. Talk to an Ohio Car Accident Lawyer Today Although the decision to hire an attorney (or not) is clearly yours to make, taking the time to learn more about your options can help you make the right choice. To provide you with the information and answers you need, Bensinger Law offers a free consultation for all Northeast Ohio car accident victims. We accept motor vehicle accident cases on contingency, so you won’t have to pay any legal fees until we recover compensation for your injuries and other damages. To schedule a consultation or to speak with an experienced Ohio car accident lawyer now, call or contact us online.

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