We understand that you might feel uncertain about filing a personal injury lawsuit after you or a loved one has suffered a serious injury due to someone else's negligence. It's a difficult time, and knowing the right steps to take can be overwhelming. The primary goal of personal injury law is to ensure that those wrongfully injured receive the justice they deserve. At Brandon J. Broderick, Attorney at Law, we recognize that every situation is unique and requires personalized attention. We understand the profound impact an accident or injury can have on your life and your family's well-being—it can disrupt your livelihood, create financial strain, and even make it impossible to continue working.

No one should have to endure suffering because of someone else's carelessness. Our compassionate personal injury attorneys at Brandon J. Broderick are well-versed in the law and are here to guide you through this challenging time. We'll help you understand the best course of action and ensure your legal rights are protected following an accident.

Our Ohio Personal Injury Attorneys Are Here to Support You

At Brandon J. Broderick, Attorney at Law, you are our top priority. Our dedicated team provides personalized attention and a clear, strategic approach tailored to your unique situation. With a proven track record of success, we work closely with you to navigate the challenges you face, striving to make your path to recovery as smooth as possible.

When you choose to work with us, our fees operate on a contingency basis, meaning we only collect payment if we secure compensation for you. We understand that quick settlement offers from insurers may seem convenient, but they can leave you with out-of-pocket expenses if your injuries are more severe than initially thought or if you need additional medical care. In some cases, insurers may even refuse to pay any damages.

If an injury has turned your life upside down, please don't hesitate to contact us today. We're committed to providing you with the support and legal guidance you need to achieve the best possible outcome.

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What Types of Cases Do Personal Injury Lawyers in Ohio Handle?

Personal injury law encompasses a wide range of injury cases, including:

No matter the type of injury you or a loved one has endured, our dedicated injury attorneys are here to provide the support and guidance you need. At Brandon J. Broderick, Attorney at Law, we not only have a strong track record of successfully representing victims of serious injuries but also take pride in advocating for families who have tragically lost loved ones in accidents caused by someone else's negligence.

We offer free case evaluations and work on a contingency fee basis. Call us today to discuss your case and take the first step toward justice.

Steps to Take Immediately After an Accident in Ohio

After being injured in an accident or incident that wasn't your fault, your top priority should be obtaining the necessary medical care. Your health is the most important consideration. To strengthen your personal injury claim or any potential lawsuit, consider taking the following steps. These actions can provide your attorney with a significant advantage in building your case:

  • Gather evidence: Gather photographs and documents that support your account of the events leading up to the accident or injury. This evidence will be invaluable to your legal team in establishing the facts of your case.
  • Maintain a journal: Document your thoughts and feelings immediately after the accident to capture credible firsthand information. When possible, include specific details, such as the exact time an ambulance arrived, along with other supporting documentation like hospital records or a police report.
  • List of witnesses: Compile a list of potential witnesses for your personal injury claim, ensuring that each individual's name is accurately spelled and their contact information is confirmed. This list may also include other parties involved in the accident.
  • Consult with a lawyer first: Before taking any further steps, consult with an attorney. Avoid communicating with the defendant's legal team or insurance provider. It’s wise to retain a personal injury lawyer who can formally assert your intention to protect your rights and, if necessary, file a lawsuit on your behalf.

When Filing a Personal Injury Claim in Ohio, What Types of Compensation Can I Pursue?

Both economic and non-economic damages resulting from an accident can be compensated through personal injury claims in Ohio. When permanent injuries are involved, the value of the claim often increases in direct relation to the severity of the damages and injuries.

While each case is unique, negotiations with the at-fault party can become increasingly challenging as the compensation amount requested rises. If future medical expenses or treatments are anticipated, particularly in cases of severe injury, it is essential to include compensation for these future damages in your claim. Additionally, ongoing or prolonged medical treatment may lead to future pain and suffering, loss of enjoyment of life, or loss of income.

An experienced personal injury attorney in Ohio can help you assess and pursue fair compensation. Contact us today to collaborate on establishing the best course of action for your personal injury case.

Understanding "Fault-Based" Insurance in Ohio: How It Impacts Your Claim

Ohio follows a traditional fault-based system for auto insurance and personal injury claims. Understanding Ohio's requirements for auto insurance, including liability coverage, is essential for managing your claim and selecting the right policy in the future. In Ohio, drivers are required to carry a minimum level of liability insurance to cover damages they may cause in an accident.

What Is MedPay and What Does It Cover After an Accident?

Medical Payments Coverage, commonly known as MedPay, is an optional type of car insurance in Ohio that helps cover medical expenses resulting from an accident, regardless of who was at fault. It acts as a financial safeguard, providing immediate assistance with medical bills for you, your passengers, or any family members who may have been injured in an accident involving your vehicle.

When an accident occurs, MedPay coverage can be used to cover various medical-related expenses, such as ambulance fees, hospital visits, X-rays, surgeries, or rehabilitation services. It also extends to medical costs incurred if you or a covered individual is injured as a pedestrian or while riding in someone else’s vehicle.

One of the key benefits of MedPay in Ohio is its no-fault nature. This means you can access the coverage without waiting for the at-fault party’s insurance to process a claim, ensuring that medical care is not delayed due to financial concerns. MedPay coverage works alongside health insurance, often filling gaps such as copayments, deductibles, or out-of-network expenses that health insurance might not fully cover.

The coverage limits for MedPay vary depending on the policy, but they are typically set at levels ranging from $1,000 to $10,000 or more, depending on the insurer. Once the coverage limit is exhausted, additional medical expenses may need to be paid out of pocket or pursued through other insurance claims or legal actions against the at-fault party.

In Ohio, MedPay coverage is not mandatory, but it can serve as a valuable resource in providing immediate support for accident-related medical expenses. Those considering adding MedPay to their car insurance policy should evaluate their current health insurance plan and financial situation to determine if it would enhance their overall protection in the event of an accident.

What Does Ohio Auto Insurance Cover?

Liability insurance covers damages resulting from car accidents, allowing victims to seek compensation for their full medical expenses, lost wages, and other damages from the at-fault party. For example, if your injuries result in $10,000 in medical costs, you can pursue that full amount from the responsible driver’s insurance. Additionally, if you have health insurance, it may help cover some of these costs, so it’s important to verify that your policy includes coverage for injuries resulting from car accidents.

Medical Costs

In Ohio, auto insurance typically covers a range of medical expenses related to an accident, including:

  • Ambulance rides
  • Diagnostic tests like X-rays or bloodwork
  • Doctor's visits and medical exams
  • Hospital stays
  • Prescription medication
  • Rehabilitation
  • Surgeries

Liability insurance does not specifically cover injuries for all residents in your household; instead, it covers the injuries of the insured driver and any passengers involved in the accident. It’s important to review your policy to understand the extent of coverage for all individuals in your vehicle.

Economic Benefits

If you're injured in an accident and become disabled, Ohio auto insurance allows you to seek compensation for lost wages, typically through a claim against the at-fault party. While there isn’t a specific coverage percentage, you can pursue the full amount of lost wages resulting from the injury. Additionally, you may also be compensated for services you can no longer manage on your own, such as daily chores like laundry, house cleaning, and pet care, as part of your overall damages claim.

Ohio Auto Insurance Death Benefits

If a policyholder dies as a result of an accident, the estate may pursue compensation for funeral and burial expenses through a wrongful death claim against the at-fault party. While auto insurance itself does not specifically provide death benefits, these costs can be included as part of the overall damages sought in a legal claim.

Pursuing Compensation for Pain and Suffering in a Fault-Based Insurance State

Injured parties must pursue compensation for medical expenses, lost wages, and pain and suffering from the at-fault party in an accident.

If you sustain severe injuries, you can file a personal injury lawsuit to seek compensation for pain and suffering. This aspect of your claim is critical, as it often represents a significant portion of the total damages sought. Consulting with an experienced Ohio personal injury attorney can be vital in maximizing your compensation for these non-economic losses. There is no fixed formula for calculating pain and suffering damages; juries typically have the discretion to determine the amount based on the specifics of the case.

What Is Ohio’s Legal Threshold for a Catastrophic Injury?

In Ohio personal injury cases, there are general limits on the amount of compensation plaintiffs can recover for non-economic damages, such as pain and suffering. To exceed these limits, the plaintiff must prove the injury meets the criteria for a catastrophic injury as outlined in Ohio Revised Code Section 2315.19, commonly referred to as “catastrophic” injuries:

  • Significant and permanent physical disfigurements
  • Loss or paralysis of a limb
  • Loss of organ function
  • Permanent inability to care for oneself or perform essential life-sustaining activities

Without proof of a catastrophic injury, Ohio caps non-economic damages at $250,000 or three times the value of the plaintiff’s economic damages, whichever is greater. However, the maximum non-economic damages are ultimately limited to $350,000 per individual plaintiff or $500,000 per accident involving multiple plaintiffs.

In cases involving catastrophic injuries, these caps on non-economic damages do not apply, allowing for greater recovery.

Determining whether your injury qualifies as catastrophic under Ohio law can be challenging. Consulting with an attorney from our firm can help you evaluate your case, understand your legal status, and explore the options available to pursue the compensation you deserve.

How Does the Modified Comparative Negligence System in Ohio Work?

Ohio follows a modified comparative negligence system for personal injury claims. Under this system, individuals who are found to be 51% or more responsible for their own injuries are barred from recovering any compensation. This means that if you are determined to be more than half at fault for an incident, you will not be able to seek damages.

For those who are found to be 50% or less responsible for their injuries, compensation is still available, but it will be reduced based on their percentage of fault as determined by a jury. For example, if a person incurs $600,000 in damages from a truck accident primarily caused by the truck driver, but is found to be 20% at fault due to their own actions, they would receive $480,000 instead of the full amount.

This system emphasizes the importance of understanding your level of responsibility in an accident, as it directly affects your ability to recover damages. Given the complexities involved in personal injury cases, consulting with an experienced personal injury attorney in Ohio is advisable to navigate the intricacies of comparative negligence and maximize your potential compensation.

Different Types of Damages in an Ohio Personal Injury Case

The primary goal of damages in a personal injury case is to restore the victim's financial situation to its pre-accident state. These are known as compensatory damages and encompass both tangible (economic) and intangible (non-economic) losses.

What Are Economic Damages?

Economic damages are quantifiable financial losses, and the value of your claim increases in proportion to these damages. The monetary value of economic damages can vary between cases based on the prospective losses resulting from injuries. Examples of economic damages in Ohio include:

  • Medical Expenses: This includes costs for hospital stays, doctor visits, physical therapy, medications, specialized therapies, medical devices, and transportation to and from appointments related to the treatment of injuries.
  • Lost Wages: If your injury leads to lost wages, you are entitled to compensation. This covers income lost due to time missed from work or taking a reduced position because the injury prevents you from performing your previous job duties.
  • Property Loss: This includes compensation for items lost or damaged in the incident, such as vehicle damage and other property losses.
  • Legal Fees: In some cases, the at-fault party may be required to reimburse your legal fees. Many personal injury attorneys in Ohio work on a contingency basis, meaning you only pay their fees if they win your case. Any time your attorney spends resolving the dispute could be deducted from your award.

Understanding these economic damages is important for effectively pursuing compensation in a personal injury claim. Consulting with an experienced personal injury attorney can help ensure that all potential economic losses are accounted for and accurately represented in your case.

What Are Non-Economic Damages?

Non-economic damages are intended to compensate for the pain and suffering you’ve endured as a result of your injury. These damages address non-monetary losses, which can be challenging to substantiate since they are often subjective and not always visible. The level of pain and suffering can vary significantly depending on the individual, the nature of the accident, and other contributing factors.

To support your claim for pain and suffering, your personal injury attorney will need to detail the difficulties your injury has caused. Several factors will be considered by an insurance company, judge, or jury when determining compensation, including:

  • Severity of the Injury: More severe injuries typically warrant higher compensation for pain and suffering.
  • Length of the Recovery Process: A longer recovery period often correlates with greater pain and suffering.
  • Permanent Impairment or Limitation: Injuries that result in long-term or permanent disabilities can significantly increase non-economic damages.

Emotional distress is another form of non-economic damage. Anxiety disorders or psychological distress stemming from the accident may justify a compensation claim. Articulating emotional distress can be challenging, so maintaining a journal or diary may be beneficial. Documenting any psychological issues, such as anxiety or depression, that arise as a result of the accident can strengthen your case.

Working with an experienced personal injury attorney in Ohio can help ensure that all aspects of your pain and suffering are effectively communicated and considered in your claim for compensation.

What Are Punitive Damages and How Do They Apply in Ohio?

In Ohio, punitive damages, also known as exemplary damages, are awarded to punish defendants for particularly egregious behavior and to deter similar conduct in the future. These damages are not awarded for mere negligence but are reserved for actions that demonstrate actual malice or a terrible level of recklessness.

To qualify for punitive damages in Ohio, the plaintiff must prove with clear and convincing evidence that the defendant acted with actual malice, which involves a conscious disregard for the rights and safety of others, or demonstrated aggravated or egregious fraud. This is a higher standard of proof than the 'preponderance of the evidence' required for compensatory damages.

Ohio law also places specific limits on the amount of punitive damages that can be awarded. Generally, punitive damages cannot exceed two times the amount of the compensatory damages awarded. However, for defendants who are small employers or individuals with a net worth of $2 million or less, punitive damages are capped at the lesser of two times the compensatory damages or 10% of the defendant’s net worth, not to exceed $350,000.

The process for awarding punitive damages in Ohio involves a separate phase of the trial that occurs after compensatory damages have been assessed. This bifurcation ensures that the determination of liability and the appropriate compensatory damages are made before considering punitive damages. Ohio courts also maintain the authority to review the punitive damages awarded to ensure they are not excessive, considering factors such as the nature of the defendant’s behavior, the impact on the plaintiff, and the need to deter similar actions in the future.

How Long Do You Have to File a Personal Injury Lawsuit After an Accident in Ohio?

In Ohio, there is a statute of limitations that governs how long injury victims have to file lawsuits against parties whose negligence may have caused their injuries.

Statute of Limitations for Personal Injury Claims in Ohio:

  • Two-Year Deadline: Ohio law requires that personal injury lawsuits be filed within two years from the date of the injury. This timeframe is critical as it determines the window during which you can legally seek compensation for damages caused by another party.

Consequences of Missing the Deadline:

  • Loss of Legal Rights: If a lawsuit is not filed within this two-year period, the opportunity to bring a claim is typically lost. Courts are very strict about this deadline, and failing to meet it almost always results in the dismissal of the case. As a result, the victim would be unable to recover any compensation from the responsible parties.

This statute is intended to ensure that claims are made while evidence is still fresh and to provide certainty for defendants. As such, anyone who believes they have suffered harm due to another's negligence should act promptly to seek legal advice and consider their options for filing a claim within Ohio's legal timeframe.

Brandon J. Broderick, Ohio Personal Injury Lawyer, Is Here to Help You with Your Claim Today

Unexpected accidents can happen, resulting in serious injuries that can impact both your health and finances. How you manage the situation after the accident will play an important role in the compensation you receive. If your losses were caused by someone else’s negligence, you have the right to seek compensation. You don’t have to negotiate with insurance companies on your own—we’re here to support you every step of the way.

At Brandon J. Broderick, Attorney at Law, our Ohio personal injury attorneys are committed to providing compassionate and exceptional client care. This dedication keeps us among the top personal injury law firms in Ohio. Our extensive track record of success means you can trust us to handle your case effectively.

We have years of experience representing clients in various personal injury cases, including car accidents, construction site accidents, slip-and-fall incidents, and more. We’ve helped many individuals, just like you.

Contact us today for a free case evaluation, where we can help you regain control of your life and discuss the specifics of your case.

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