Legal Blog - Page 4 of 6 - Bensinger Legal Services

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.

Personal Injury

Average Dog Bite Settlement in Ohio

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

Were you (or your child) bitten by a dog in Ohio? If so, you may be eligible to recover compensation for your physical, emotional, and financial damages. The nature of dog bites and animal attacks make these injuries especially traumatic, both physically and psychologically. Animal attack victims often require extensive medical treatment and care and face the possibility of long-term damage and permanent scarring. For this reason, dog bite case settlements and jury awards can be substantial if the victim can prove negligence on the part of the animal’s owner. Talking to an experienced Ohio dog bite lawyer is the best way to determine what the value of your case might be. More important, having an attorney on your side will help protect your legal rights and get you the compensation you deserve. What Is the Average Ohio Dog Bite Settlement? Every animal attack is different, and every victim suffers a unique set of injuries. These factors make it difficult to estimate the average money received from a dog bite case. Likewise, the time it takes to reach a mutually agreeable settlement amount can vary. In most cases, personal injury attorneys resolve their clients’ animal attack claims by negotiating a settlement with the owner’s insurance company. This helps resolve the matter as quickly as possible and spares all parties the time and trouble of going to court. What Is Included in Dog Bite Settlement Amounts? The amount of compensation you may be entitled to recover depends on the details of your case. You may be able to pursue compensation for: Medical care and treatment costs to date; Future medical treatment costs; Lost wages to date; Future income losses; Pain and suffering; Mental anguish; Disfigurement; Diminished earning capacity; and Diminished quality of life. Your attorney will identify all economic and non-economic damages you suffered and document them as a part of your claim. This helps ensure that you get the fair compensation you deserve for all of your losses. What Is the Average Dog Bite Lawsuit Payout? Much like with dog bite settlement amounts, calculating an average Ohio dog bite lawsuit payout is virtually impossible. Generally, however, jury awards may be higher than insurance settlements. The downside to this is that you have no guarantee of winning in court. An experienced dog bite lawyer can discuss your options for filing a lawsuit if the insurance company does not make a reasonable settlement offer. When you choose a personal injury attorney to handle your animal attack case, look for an experienced litigator who knows how to get the job done if you do need to take your case to court. How Long Do You Have to File a Dog Bite Claim? The Ohio statute of limitations allows you only two years to pursue legal action for a dog bite injury claim. Contact an experienced personal attorney as soon as possible after an animal attack to help ensure you don’t compromise your legal right to recover compensation. Can FedEx, USPS, or UPS Workers File a Dog Bite Lawsuit in Ohio? Online shopping has increased exponentially across the U.S., which means more home deliveries for the U.S. Postal Service as well as courier services and shipping companies such as FedEx and UPS. This, in turn, increases delivery workers’ exposure to potential animal attacks. If you sustained a dog bite while working as a postal carrier or delivery driver, you may be able to file a workers’ compensation claim with your employer. Depending on the circumstances, you may also be able to pursue legal action against the animal’s owner or keeper (e.g., the owner of the property on which you were attacked). The owner or keeper is typically responsible for any medical treatment costs and lost wages associated with an animal attack. If the owner or keeper knew the dog was vicious or posed a danger to others, you may have a viable cause of action for a negligence lawsuit. Talking to an attorney is the best way to determine what your legal rights are for pursuing a settlement or lawsuit. Contact an Ohio Dog Bite Attorney Today for Help In Ohio, Attorney Aaron Bensinger understands the complex laws that apply to dog bite and animal attack claims. Bensinger Law assists clients throughout Northwest Ohio, including Lima, Findlay, Shawnee, Van Worth, and Perry County. We understand the physical and emotional pain you’re going through, and we are here to help. Contact us now for a free consultation and case analysis or to discuss your dog bite settlement with an experienced Ohio personal injury attorney at Bensinger Law.

Personal Injury

What to Do If You Were in a Car Accident While Pregnant in Ohio

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

If you were involved in an Ohio car accident while pregnant, you face several risks that other injury accident victims do not typically encounter. Even having a minor car accident while pregnant can cause a significant increase in risk to both mom and baby. Seeking immediate medical attention is critical, no matter how harmless the incident may seem. If someone else was responsible for the crash, you deserve justice for the harm you sustained. Ohio car accident attorney Aaron Bensinger will fight to protect the legal rights of you and your baby and help you get the justice you deserve. The Substantial Risks of Getting into a Car Accident When Pregnant All car accidents pose significant risks to both a vehicle’s driver and any passengers that may be onboard. However, if you’re pregnant, an accident can be potentially life-threatening. The U.S. National Library of Medicine states, “Automobile crashes are the largest single cause of death for pregnant women and the leading cause of traumatic fetal injury mortality in the United States.” SafeRide4Kids reports that potentially thousands of fetal deaths occur every year in the U.S. due to pregnant women’s car accidents. As many as 3% of American women report being involved in a car accident when pregnant. The bottom line is that the risk of being involved in a pregnant accident is more significant than you might imagine. Seek Immediate Medical Attention If You Have a Car Accident While Pregnant No matter how non-serious it may seem, seek emergency medical attention for ANY type of motor vehicle collision if you’re pregnant—even if it was a low-speed fender-bender. Any sudden impact can cause the placenta to separate from the uterus. This phenomenon, known as placental abruption, can lead to hemorrhaging, miscarriage, or premature birth. Seek medical attention even if you feel fine, because you may feel no symptoms of a placental abruption. Even if you don’t go into premature labor or miscarry, untreated placental abruption can deprive the baby of nutrients that are necessary for growth and development. Qualified medical treatment providers will conduct a thorough exam, evaluate your condition, and run any necessary testing to determine whether you or the baby sustained injuries. If you are Rh-negative, seeking emergency medical attention is even more important, due to the risk of your blood mixing with the baby’s. How Can an Ohio Personal Injury Attorney Help Pregnant Accident Victims? Having an experienced personal injury lawyer on your side makes sense for most car accident victims. For pregnant women who sustained injuries in a car accident that wasn’t their fault, the benefits are significant. You may require extensive and costly medical treatment to ensure your recovery and the baby’s safety. You may also have to be on bed rest or be unable to work until your recovery or the birth of your baby. You need the financial resources to get you through this challenging time and ensure your future well-being. An attorney can help you fight for your right to recover compensation for the damages you suffered. Your attorney will investigate your accident and document it extensively to establish liability. Your attorney will submit a demand to the at-fault party’s insurance company and negotiate a fair settlement. If the insurer won’t settle, your attorney can file a lawsuit in civil court. You need to focus on your health—and the health of your unborn child—rather than on fighting a complex legal battle. Your attorney will take care of everything, leaving you free to concentrate on what’s most important. Contact an Ohio Car Accident Lawyer Today Attorney Aaron Bensinger of Bensinger Law understands the critical nature of your situation. You don’t have to face this battle alone. With extensive experience fighting for the rights of the wrongfully injured in Ohio, Aaron will do whatever it takes to get the justice and compensation you deserve. If you are sustained injuries in an Ohio car accident while pregnant, call for contact us online now.

Wrongful Death

Can I Sue for Wrongful Death Because of Denied Medical Treatment in Jail?

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

Did a loved one die because they were denied medical treatment while in jail or prison? If so, you might have the legal basis for pursuing a wrongful death claim. Incarcerated persons have legal rights which may be violated if they are denied necessary medical care. In Ohio, wrongful death attorney Aaron Bensinger of Bensinger Law puts his extensive knowledge and experience to work for you. When you need an aggressive advocate who will work tirelessly to get justice for you and your family, contact Bensinger Law for a no-cost, no-obligation consultation. What Are Prisoners’ Rights to Medical Treatment in Jail or Prison? In 1976, the Supreme Court of the United States (SCOTUS) held that inmate rights to medical care are established in the Eighth Amendment to the U.S. Constitution. The Eighth Amendment specifically states that with regard to a jailed or incarcerated person, “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” The SCOTUS ruling held that by displaying deliberate indifference to an inmate’s serious need for medical attention, state prison officials violated the inmate’s Eighth Amendment rights. In a subsequent Federal Court of Appeals case, the court ruled that prisoners have the right to health care, specifically, “services at a level reasonably commensurate with modern medical science and of a quality acceptable within prudent professional standards.” Despite these and other court findings, no singular standard of inmate medical care has been defined or universally adopted in the U.S. As a result, jails and prisons routinely violate the legal rights of individuals in their custody by failing to provide adequate care or denying treatment to inmates. Can an Inmate Be Denied Medical Treatment? Inmates can legally be denied medical treatment for a variety of reasons. However, no jail or prison can legally deny treatment in response to an inmate’s serious medical need. Although the definition of a serious medical need is not clearly established, some situations that might qualify as serious medical needs include: A condition that causes considerable pain; A condition that significantly limits daily activities; A significant injury; A condition that has been diagnosed by a doctor; A condition that a reasonable person would determine requires a doctor’s attention; or A condition that, without treatment, poses the risk of excessive harm. If your loved one died as a result of being denied medical treatment in prison or jail, it’s likely that their condition fell into one or more of the above categories. If so, you might have a valid cause of action for a wrongful death suit. Should I Consider Taking Legal Action? Do I Need an Attorney to Handle My Case? If you believe the victim died because their inmate rights to medical care were denied, consider talking to a wrongful death attorney as soon as possible. An attorney can review the details of the victim’s death to determine whether you have a viable wrongful death claim under Ohio law. If so, your lawyer must build a persuasive case to demonstrate that the at-fault party or parties acted with deliberate indifference to the victim’s serious medical need. Proving your claim will pose a complex legal challenge. Having an experienced wrongful death lawyer on your side can be invaluable. Your attorney may attempt to negotiate a fair financial settlement for your claim, or you may have to file a civil lawsuit and take your case to court. Either way, you could be entitled to recover compensation for: The victim’s funeral and burial expenses; Loss of the victim’s future income; Loss of potential inheritance; Loss of love and companionship; and Emotional and mental anguish. You must be legally eligible to benefit from a wrongful death claim in Ohio based on your relationship to the victim. Typically, this includes the victim’s spouse, children, and parents. Under Ohio law, a designed personal representative of the victim must bring the legal action on the eligible survivors’ behalf. A wrongful death attorney can help you determine if you meet the eligibility criteria and explain the process for taking legal action. Talk to an Ohio Wrongful Death Lawyer Today In northwest Ohio, Aaron Bensinger of Bensinger Law can help you pursue justice and fair financial compensation for the loss of your loved one. No settlement will undo the tragedy that occurred. However, holding the at-fault party responsible will send a powerful message and help provide security and peace of mind for your family. With an experienced Ohio wrongful death lawyer like Aaron Bensinger on your side, you will have a compassionate advocate fighting to protect your rights and get you the compensation you deserve. Contact us now to learn more about how we can help if your loved one died because they were denied medical treatment in jail in Ohio.

Personal Injury

What Happens When You Go to Court for a Car Accident in Ohio?

Dec 8, 2020 | By Aaron Bensinger | Read Time: 4 minutes

Most legal disputes do not end up in court. Instead, most often, settlements happen outside of court. This is also true of car accident disputes in Ohio. While images of courtrooms tend to come to the front of our minds when we think about the legal process, the vast majority of legal practice does not happen in the courtroom. Instead, it takes place, primarily, in law offices. For car accidents, the settlement process may not involve a lawyer at all. Instead, the entire claims process may involve just insurance companies and the injured party. If your car accident dispute is going to trial, then you may wonder what happens when you go to court for a car accident in Ohio. Overview Going to court can be a long protracted process. It takes more effort, money, and commitment than settling out of court. Because of the substantial commitment, it is important to know what to expect in the courtroom before deciding whether to take your case to court. The same goes for determining whether a specific aspect of a dispute is worth the fight. Most people, even those with prior involvement in legal disputes, have never been to trial and don’t know what to expect in court for a car accident. Thus, if considering taking a car accident case to trial in Ohio, you want to weigh all your options. To do so, you need as much relevant information as possible to get an idea of what happens in the 5% of cases that go to court. Reasons Why You May End Up in Court Typically, you will only end up in court after a car accident if you cannot resolve a substantial dispute through negotiations. Most car accident cases find a resolution through a settlement. With an accident report, documentation of economic damages, and Ohio traffic rules in hand, a car accident claim should be relatively cut and dry. However, if there is a dispute over an accident’s facts, a case can easily go to trial. A disagreement over who is at fault in an accident is particularly likely to bring a car accident case to trial. After all, the question of who is to blame for an accident will determine who is liable for damages. If one party believes they are not at fault despite an accident report to the contrary, it is unlikely that they or their insurance company will want to pay for any damages. After all, why would anyone want to pay for the damage they did not cause? Many other car accident disputes that make it to trial are there because of a disagreement over the extent of non-economic damages. Unlike economic damages, non-economic damages are intangible; they do not have a clear dollar value and can include seemingly infinite losses. Unlike economic damages, it is not always clear what non-economic damages exist. Furthermore, the amount of non-economic damages can be very subjective. Non-economic damages are open for debate and interpretation, which is precisely what happens in a courtroom. Consider someone losing a limb. Losing a limb is a clear form of damage outside of medical costs, but what is the loss’s dollar value? States may have a precedent that helps establish a general rule that lawyers could use in negotiations, but there is still room for debate. So, if two parties disagree over the existence of non-economic damages or on the amount of those damages, a case could be taken to trial. Should I Just Settle? While the decision is ultimately yours to make, sometimes it is not worth the trouble of going to court over a car accident claim dispute. You may vehemently feel that your pain and suffering is worth more than the insurance company is offering. However, if you have bills to pay and need money soon, it may be worth it to settle out of court. Settling also alleviates the risk that you may recover nothing if the case goes to trial. Finally, the additional costs of trial, such as paying an expert to testify in support of your claim, may be greater than the additional damages you stand to gain. Conversely, if you and your attorney are confident that your claim is worth much more than the insurance company is offering, going to trial may be worth the extra time and cost. How Can Expert Witnesses Help My Case? If you are in court over a car accident dispute, you can expect to involve one or more expert witnesses. For example, an expert witness such as a psychologist may be brought into the courtroom to prove the existence of non-economic damages like emotional trauma and place a dollar amount on them. In other cases, where the dispute is over who is at fault, a traffic-safety expert may be brought in to demonstrate to the jury that one party is more at fault than the other. Expert witnesses can play an integral role in the car accident court process. We Are Here to Answer Your Questions If you are considering going to court for a car accident settlement, don’t go without legal advice. Contact Bensinger Law today. Because going to court is such a large investment of time and money, you likely have many questions about the car accident court process. Aaron Bensinger has extensive experience successfully litigating Ohio car accident claims. At Bensinger Law, we are here to help. We will listen to your story, answer your questions thoroughly and compassionately, and craft a legal strategy that meets your case’s specific needs.

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.

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!

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.

Bensinger Legal Services - Legal Blog