Personal Injury

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.

What are personal injuries and how a Cleveland Ohio personal injury lawyer help you

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:

• Traumatic brain injuries (TBIs)
• Head, neck and spinal cord injuries
• Amputations
• Child injuries, with a parent or court-recognized guardian acting on the minor’s behalf
• Burns
• Electrocutions
• Scarring and disfigurements, even when pain does not persist and general function is not diminished
• Wrongful death

What Kinds of Accidents Cause Personal Injuries?

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.

• Motor vehicle accidents- “Accident” has always been a misnomer. Crashes and collisions have definite causes, ranging from drunkenness, distraction and falling asleep at the wheel to ignoring a stop sign and failing to yield right of way.
• Trucking accidents- Assigning liability following a crash involving a tractor-trailer, delivery van or construction vehicle can take months. Many commercial drivers are contractors who carry their own insurance, separate from the company that employs them and from the company that owns the cargo container. Operator error, poor vehicle maintenance and company demands for hours of operation can all be to blame.
• Medical malpractice- Doctors, nurses, pharmacists, nursing home staff members and other health workers who hurt or kill people by making avoidable mistakes can face lawsuits.
• Dog bites- Dogs of every breed bite. Pet owners have legal obligations to ensure their animals are well-trained, vaccinated against rabies, securely fenced, walked on a leash and under control. While succeeding in receiving compensation following a dog bite requires showing you did not trespass or provoke the animal, Ohio is a strict liability state in the sense that it holds dog owners responsible for injuries their pets cause even if they tried to stop an attack and a dog has no history of acting aggressively.
• Slips and falls- These accidents reflect the failures of business owners to ensure the safety of customers and the general public. For instance, heavy items paced on shelves higher than head level must be secure, wet floors must be clearly identified, trip hazards must be minimized, hotel pools must be surrounded by fences and stairways for patrons must be kept clear and equipped with sturdy railings.
• Product liability- Any company that makes or sells items people use needs to stand behind their products’ safety. Food tainted by bacteria, faulty car accelerators, toys and household items that pose choking risks for young children, collapsing cribs and toxic building materials have all been the subjects of recent product liability cases. And lest you think these sorts of claims are just attempts to take advantage of rich corporations, make the time to watch the true story behind that hot coffee case critics of the legal system that protects victims often erroneously cite as unfair to a fast-food chain. Be warned: It’s not for the faint of heart.

What Can a Personal Injury Award Cover?

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.

Contact the Personal Injury Attorneys at Agee Clymer Mitchell and Portman

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.