Accident victims have constitution rights to seek compensation from the people or companies that hurt them. If that sounds like a bit of hype or overly dramatic, check out Article IV of the U.S. Constitution. Still, taking on an insurance company that issued a speeding driver’s auto policy or holding a multinational corporation accountable for marketing a dangerously defective product can seem impossible.
Representatives of defendants in personal injury cases get paid to minimize payments to wronged parties. And they are very good at it. We fight for the injured men, women and children who can easily find themselves victimized twice–first by an initial accident and, then, by a responsible party’s refusal to make amends.
Injuries caused by others can be physical, emotional and developmental. A full listing of every type of injury that can serve as the basis of an insurance claim or civil lawsuit seeking compensation would be too long to read. A few of the most common are:
When considering whether you might have a personal injury case, keep in mind that the following categories often overlap. For instance, a motor vehicle accident–a catchall legal term for crashes involving cars, motorcycles, mopeds, pedestrians, bicycles, ATVs, etc.–can injure a victim’s brain or kill an innocent person. Personal injury lawyer in the Cleveland offices of Agee Clymer Mitchell and Portman present these descriptions as a way for you to understand that a wide variety of circumstances can qualify a harmed person to seek compensation from a reckless individual or negligent company.
Another important fact for residents of Ohio to understand is that state law does not bar personal injury claims and awards on the basis of pure contributory fault, which is also known as contributory negligence. What this means in practical terms is that no one can automatically escape liability simply by arguing that an accident victim bears a small degree of blame for putting him or herself in danger.
As a plaintiff in a personal injury lawsuit, you can seek compensation for emergency room treatment, hospital stays, rehabilitative services, physical therapy, lost wages, loss of future earnings, property damage, emotional suffering, mental distress, unrelieved pain, ongoing care, loss of companionship, punitive damages and other direct and indirect accident-related expenses. That last category could, for instance, include a house ramp for a wheelchair or funeral costs following a wrongful death.
The amount of a settlement or court award can never be fixed beforehand, and no positive outcomes can be guaranteed. In general, however, victims’ recoveries are usually limited by the amount of insurance carried by the responsible party, the severity of the injury and Ohio’s cap on noneconomic damages. State law generally restricts monetary awards for pain and suffering to $250,000.
Statutes of limitations apply to personal injury claims. If you or a member of family has been hurt in an accident that never should have happened, contact a personal injury lawyer sooner rather than later. It is essential to find a legal advocate who knows the court system and will not let negligent and reckless people or corporations off the hook. Never settle for an insurance company’s initial settlement offer without first asking for a free consultation with an Agee Clymer Mitchell and Portman.