When Is It OK to Sue a Friend or Family Member After an Accident?

Friend's aggressive dog approaches a small child.

We love our grandparents, our dogs, and our children. But what happens if a grandparent’s dog bites and severely injures your child?

According to the Ohio Department of Health, local health departments investigate about 20,000 animal bites annually. Many of these bites involve children who are the victims of attacks by a dog owned by a family member or friend. The injuries are often extensive, require a great deal of medical treatment, and often result in long-term physical injuries (such as scarring) and emotional harm (such as PTSD).

The medical bills are often very high and health insurance may not pay all or any of the medical bills. Fortunately, our family members and friends are often responsible homeowners who purchased homeowner’s insurance. Homeowner’s insurance is meant to protect your family members who own homes and their guests such as children when they are visiting your loved one’s home.

If your child is injured by any dog while visiting a home, it is important that you seek immediate medical attention for your child, contact Animal Control to start a report, and talk to a lawyer about your rights when time allows.

Suing a Friend or Family Member: How Does It Work?

Your loved one’s homeowner’s insurance policy may provide financial compensation for all the economic and noneconomic damages caused by the dog bite.

This financial compensation will not be paid by the owner of the dog. It will be paid by the insurance company.

A homeowner pays premiums to their homeowner’s insurance company to protect them and their guests in case injuries occur on the property. That is what insurance is for. This means that grandma and grandpa will pay nothing from their own bank account to settle claims if their dog bites a guest.

In fact, the homeowner’s insurance policy is a contract and promises to even pay for an attorney for the defendant—the homeowner (or family member or friend)—if a lawsuit has to be filed.

Making a claim on the homeowner’s policy is a business transaction based on a contract that your family member paid for and homeowner’s insurance will provide compensation and, hopefully, closure to the victims of a dog bite.

What Type of Compensation Can I Recover From My Friend or Family’s Homeowner’s Insurance?

These are all elements of financial compensation a child or any guest would be legally entitled to receive from a homeowner’s insurance policy if a dog bite occurred at a family member’s home.

It is important to remember that this financial compensation comes from the insurance company — not your family member.

Medical Payments Coverage

A homeowner’s policy provides medical payments coverage to compensate guests who are injured on the property. The homeowner pays for this coverage and the insurance company is required by law and contract to reimburse guests for medical bills related to medical treatment of injuries that occur on the property.

This coverage is not based on fault. In other words, the guest is only required to show that they were injured on the property and that they incurred medical bills for treatment of those injuries. The homeowner does not need to be at fault for this coverage to be available to the injured guest.

The limit of medical payments coverage is often between $1,000 and $10,000.

Liability Coverage

A homeowner’s policy will also typically have what is called liability coverage, which is meant to compensate a guest injured due to the negligence of the homeowner, such as when their dog injures someone.

The liability coverage provides compensation for legal damages such as:

Medical Bills

The homeowner’s policy will provide coverage for medical bills incurred to treat injuries caused due to the negligence of the homeowner.

Future Medical Bills

The homeowner’s policy will provide for future medical bills in cases where the injured guest will require medical treatment in the future. Future medical bills are only owed if one can establish that an injury is permanent and will require future medical care. An example may be if a child were emotionally scarred due to a vicious dog attack and a child psychologist or psychiatrist recommended future, periodic counseling.

Lost Income

Injuries like dog bites may require the injured person or their loved one to take time off work to recover and to see doctors for medical treatment.

Future Lost Income

If one can establish a permanent injury that will affect one’s ability to continue to work or lessen one’s ability to earn income, future lost wages are on the table.

It is important to note that hiring the experienced lawyers at GB Law is vital in this regard as economic experts are typically required to formulate the amount of one’s future lost wages.

Pain and Suffering

A homeowner’s insurance policy is a contract that will provide compensation for noneconomic losses for things like:

  • Pain
  • Suffering
  • Loss of enjoyment of life
  • Inability to engage in the activities of daily life

Compensation is also allowed for loss of enjoyment of life for things such as the inability to enjoy hobbies and diminished quality of life brought about by the injuries.

Compensation for pain and suffering or noneconomic losses is usually the largest part of the settlement under a homeowner’s insurance policy.

What Should I Do if My Loved One’s Dog Bites My Child?

Get Immediate Medical Care

It is very important to make sure that your child receives immediate medical care if they are injured by an animal and that you also contact Animal Control in your community the same day as the incident.

Document Injuries

Photos of the injuries should be taken at the earliest moment that it is safe to do so, and photos should be taken throughout the child’s recovery.

Request Homeowner’s Insurance Information

You should ask your family member to provide the name of insurance company that provides their homeowner’s insurance policy and the policy number.

Although it may be a difficult conversation, it is often helpful to let them know that you need this information to cover medical bills now and in the future that might not be paid by your healthcare plan. You may also find that your family member is very willing to provide this information to help reduce the financial burden caused by their pet.

Contact Us

It is also very important that you call the experienced dog bite attorneys with Geiser, Bowman & McLafferty to receive helpful advice and direction.

Ohio Motorcycle Laws: Know Before You Ride

Driving a motorcycle on the open road can be both relaxing and exciting. 

But you should be familiar with the rules of the road in your state before you take that first ride. 

Complying with motorcycle laws in Ohio can keep you safe and may help you avoid getting a citation or being involved in an accident.

Ohio has a number of laws that pertain to getting a motorcycle license, operating/riding a motorcycle, and having insurance. 

Getting a Motorcycle License in Ohio 

To legally operate a motorcycle in the state of Ohio, you must have a motorcycle license or a motorcycle endorsement on your driver’s license.

The requirements for getting a motorcycle endorsement or license are different for those under the age of 18 and those over the age of 18.

Ohio Motorcycle License (18+)

People 18 years or older can obtain a motorcycle endorsement or license by passing a multiple-choice knowledge test and a motorcycle skills test.

The knowledge test is based on information from the Ohio Motorcycle Operator Manual and asks questions pertaining to motorcycle safety. equipment, and emergencies.

The motorcycle skills test assesses your ability to operate a bike and covers things like accelerating, braking, adjusting to changing traffic, and communicating with others on the road.

Novice Motorcycle Permit

Getting a license or endorsement if you’re under 18 starts with a visit to the Ohio Bureau of Motor Vehicles. There, you’ll take a written test. When you pass, you’ll get a valid Temporary Instruction Permit Identification Card (TIPIC).

Then, the permit holder must complete:

  • A Motorcycle Ohio Course (16 hours and includes classroom and on-cycle instruction and testing)
  • A driver’s education course (24 hours of classroom instruction and eight hours of driving)
  • 50 hours of driving

The TIPIC allows the operation of a motorcycle only in daylight and prohibits passengers or operations on interstate highways. 

After passing the Motorcycle Ohio Course, the operator then has 60 days to visit the BMV and purchase their novice license or endorsement. 

The novice designation is effective for one year after the date of issuance of the motorcycle operator’s endorsement or license.

Ohio Motorcycle Insurance Requirements 

If you’re operating a motorcycle in Ohio, you are required to have insurance.  

Minimum insurance requirements for motorcycles are the same as for other passenger vehicles:   

  • $25,000 for bodily injury or death of another person in an accident;
  • $50,000 for bodily injury or death of two or more individuals in one accident; and 
  • $25,000 for property damage suffered by someone else in an accident. 

Both insurance companies and personal injury attorneys agree it’s always advisable to carry more insurance than the bare minimum. 

If you cause an accident, it is unlikely the minimum insurance coverage required by law will cover an accident. Higher insurance coverage could protect you from having your wages garnished or liens placed against assets.

Make sure you also understand how your insurance covers your medical expenses if you are injured while you are riding your bike. Keep in mind if you are involved in an accident while riding a motorcycle, you have a high probability of getting injured.

There’s also a chance an uninsured motorist could hit you and your bike.

Motorcycle accidents are often very serious, resulting in 

  • Lots of medical treatment 
  • Expensive medical bills
  • And lost wages

Motorcycle repairs can also be expensive. 

You and your agent should make sure that you have enough uninsured and underinsured motorist coverage to protect you and your bike. This coverage will protect you if you are injured as a result of the acts of someone who doesn’t have insurance, which is an unfortunate reality for many.

You may want to ask your agent whether your insurance policy has medical payments coverage, which is often used to pay medical bills not fully paid by your health insurance company.

Ohio Motorcycle Helmet Laws

Ohio’s motorcycle law does not require everyone on a bike to wear a helmet.

Motorcycles are grouped with bicycles and snowmobiles. 

The helmet law is under Ohio Revised Code § 4511.53 “Operation of bicycles, motorcycles, and snowmobiles,” which states:

“No person who is under the age of eighteen years, or who holds a motorcycle operator’s endorsement or license bearing a “novice” designation that is currently in effect… shall operate a motorcycle on a highway, or be a passenger on a motorcycle, unless wearing a protective helmet on the person’s head, and no other person shall be a passenger on a motorcycle operated by such a person unless similarly wearing a protective helmet.”

Translation: Motorcyclists under the age of 18 are required to wear a helmet and eye protection.

Ohio’s motorcycle helmet law has one important part that makes it different from other states. The last sentence states:

“The provisions of this paragraph or a violation thereof shall not be used in the trial of any civil action.”

This means that if you are involved in a motorcycle accident and not wearing a helmet, you can still pursue a personal injury claim against the person or people who caused the crash. Similarly, if a loved one dies in a crash while not wearing a helmet, their family members may still pursue a wrongful death claim against the at-fault party.

In other words, whether you were wearing a helmet at the time of an accident doesn’t have an effect on filing a personal injury claim. 

Note: At GB Law, we recommend all motorcycle operators and passengers wear helmets.

Ohio Motorcycle Operating Laws 

Ohio law governs operating a motorcycle on Ohio roads, including equipment required and allowable maneuvers. 

Seating / Handlebars

If you are riding a motorcycle on the road, it must have a permanent/regular seat attached to the bike. 

Any passengers must also be seated in a regular seat. Also, if you’re riding on the highway, the handlebars must not “rise higher than the shoulders of the operator when the operator is seated in the operator’s seat or saddle.”

Lane Splitting

Ohio is one of many states where “lane splitting” (riding a motorcycle between lanes or rows of slow-moving or stopped traffic moving in the same direction) is a legal gray area. 

It’s not explicitly legal or illegal. 

It’s possible that motorcycle operators could be cited for failing to operate a bike in a marked lane or failing to exercise care when passing. This would be up to a law enforcement officer’s discretion.

Riding Two Motorcycles to a Lane

Because motorcycles take up less space than a car, it’s possible for two of them to ride side-by-side in a single lane. 

It’s not legal to ride more than two motorcycles side by side in a single lane. 

Don’t Delay: Contact an Ohio Motorcycle Accident Lawyer Today

The Ohio motorcycle accident attorneys at GB Law have witnessed the life-changing consequences of motorcycle accidents. We have legal counsel who ride motorcycles and understand what riders need when they have been injured due to a motorcycle wreck. 

Collisions involving motorcycles are far more devastating than those involving just passenger vehicles. 

Without the protection of a vehicle, motorcycle riders are extremely vulnerable to serious injury or death. 

Many accidents are preventable and caused by driver negligence.

It’s up to everyone on the road to:

  • Drive safely and carefully
  • Look out for pedestrians, bicyclists, and motorcycles
  • Travel at a safe speed
  • Follow laws and regulations

If you or someone close to you has been injured in a motorcycle accident in Ohio, we offer a free consultation with one of our lawyers. Call us at 614-222-4444.

We will listen to your story, review your case, explain your options, and answer your questions. 

We will evaluate whether you may be entitled to compensation for your medical expenses, lost earnings, pain and suffering, and other damages due to your injuries.

As part of our contingency fee arrangement on personal injury cases, there is no fee unless we recover money for you. 

Contact GB Law today for a free consultation on your motorcycle accident case.

Understanding Ohio Bridge Laws for Truck Size and Weight Limits

The Ohio truck accident lawyers at GB Law have been protecting Ohioans for more than 40 years and understand the very unique aspects of trucking industry regulations.

While our attorneys are very familiar with Federal Motor Carrier Safety Regulations (FMCSRs) and standard practices, we also work closely with trucking industry experts who have an in-depth understanding of the training, recommendations, and knowledge level required of trucking companies and their drivers.

When a truck accident occurs, we look closely at records and determine if the truck was within weight limits or had the necessary permits to be overweight.

Axle Weight Guidelines in Ohio

The Federal Motor Carrier Safety Administration (FMCSA) regulates the trucking industry, and state laws set forth limits on the height, width, and length of commercial trucks.

The Ohio Revised Code and the Ohio Administrative Code are the authorities on the maximum allowable weights on roadways and bridges in the state. The Ohio State Highway Patrol enforces Ohio trucking rules and regulations.

Maximum weight limits for trucks in Ohio are as follows:

  • Single Axle: 29,000 pounds.
  • Short Tandem: 36,000 pounds.
  • Long Tandem: 50,000 pounds. 
  • Short Tri Axle:  47,000 pounds.
  • Short Quad Axle or Long Tri Axle: 60,000 lbs.
  • Long Quad Axle: 80,000 lbs.

The Ohio Department of Transportation explains these guidelines in greater detail on its website

The Federal Bridge Formula: How Ohio Weight Law Limits are Determined

Ohio has adopted the Federal Bridge Formula for roads. 

This establishes the maximum weight any number of axles on a motor vehicle may carry on the interstate and federal highway systems to reduce damage.

The bridge formula was enacted by Congress in 1975 under the Federal Bridge Law to limit the weight-to-length ratio of a vehicle crossing a bridge. 

The Federal Bridge Formula has three primary components: 

  1. The maximum weight allowed on a single axle is 20,000 lbs.
  2. The maximum gross vehicle weight (GVW), or the maximum allowed total weight on any group of consecutive axles on a vehicle, is determined by the Federal Bridge Formula.
  3. The maximum gross weight on interstate highways is 80,000 lbs, even when the result of the formula is greater.

One exception to the bridge weight formula exists: The maximum total weight allowed on any group of two or more consecutive axles spaced eight or fewer feet apart (i.e., tandem axles) is 34,000 lbs. 

Additionally, Ohio takes tire loads into account when calculating weight with a specific formula. For each axle, the maximum weight allowed is the number of tires, multiplied by the tread width of the tire in inches times 800. 

Why Exceeding the Ohio Bridge Law Weight Limits Causes Truck Accidents 

The Federal Bridge Formula is designed to protect bridges and reduce damage to roads. But overweight and overloaded trucks can also put motorists at risk. 

Overloading a truck affects its maneuverability and makes its various components more prone to failure, and the vehicle is more prone to rollover or jackknife (where the trailer swings from behind the truck and moves forward to create a jackknife position).

Overloading a truck can cause: 

  • A decrease in stopping distance
  • An increase in speed going downhill
  • Tire blowouts
  • Decreased steering control
  • Less control in inclement weather

Injured in a Truck Accident? Contact GB Law

If you have been involved in a truck accident in Ohio, do not delay in contacting our knowledgeable truck accident attorneys immediately. Evidence and records vital to your legal case can be lost in the days and weeks following an accident.

Our legal team can help you understand your rights and options to recover compensation for your injuries in a free consultation. If we represent you, we will take immediate steps to ensure that everything is done to preserve your case. As part of our contingency fee arrangement, there are never any fees unless and until we recover money for you.

For more information, call GB Law at 614-222-4444.

Motorcyclist’s Injury Case Concludes with Settlement

On September 28th, 2022, a GB Law client met with attorney Mike Geiser to pick up his settlement check, putting a conclusion on two of the most difficult years in his life.

Our client sustained extensive injuries due to a motorcycle accident in early September 2020. His injuries were serious enough that he needed ongoing medical treatment for a year and a half after the accident.

To add insult to injury, the insurance company blamed our client for causing the wreck even though the defendant motorist turned in front of him, causing the collision.

We filed a lawsuit in Franklin County, which was settled through hard work, creativity, and persistence.

We hope our client’s positive experience working with us will encourage other injured motorcyclists to choose us as their Columbus motorcycle accident lawyers.

If you have been in a motorcycle accident, contact GB Law now for a free case review.

What is a Personal Injury Claim?

If you’ve been injured in an accident, you may be wondering what the next step is. Our personal injury attorneys realize that navigating the legal and insurance process can be daunting. 

Unless you’ve been through the injury claim or case process in the past, the legal vocabulary can be difficult to navigate. 

Many of the questions we receive from our clients include: 

  • What is a personal injury claim?
  • What’s the difference between a claim and a case? 
  • What is a settlement?
  • What is a verdict?

In this blog post, we will explain what personal injury claims are along with some of the key steps in the personal injury case process. 

What is the Difference Between Personal Injury Claims vs. Cases?

What is a Personal Injury Case?

The nomenclature can be a little different depending on who you speak to. We often refer to a “case” as when a client seeks legal representation in the process of filing a claim and/or seeking legal recourse with their insurance company. 

Some firms may use “case” or “legal case” interchangeably with “lawsuit.” From a technical standpoint, your case doesn’t become a lawsuit until a personal injury attorney files a lawsuit against an insurance company. 

What is a Personal Injury Claim?

Filing a claim with the insurance company is the initial step car accident victims take toward seeking compensation for lost wages, medical bills, pain and suffering, and damage to their vehicle that were a direct result of the accident.

An insurance claim is the report submitted to an insurance provider after an accident. A claim may be filed with the at-fault insurance company, your own insurance company, or both. When a claim is reported, they often ask for the details and circumstances surrounding the event of the accident and for information about the extent of the injuries you incurred. 

The claims process can vary depending on the insurance company involved. If you have claims with your own car insurance provider, the type of claims may vary depending on the coverage or insurance you have purchased. Insurance companies assign each claim a claim number, which is open from the moment they take record of it. 

Note: In general, we recommend that you do not speak to a claims adjuster and/or open an insurance claim without consulting with a personal injury attorney first. Here are some other tips on How To Talk To Insurance Claims Adjusters in Your Injury Case

What’s the Difference Between a Settlement and a Verdict?

Cases will typically end in one of two ways:

Settlement

Settlements require all parties involved to agree on a specified payout amount. The settlement process involves your lawyer communicating with the insurance company to negotiate what is fair and reasonable compensation for the economic and non-economic losses related to your claim or case. Settlements can occur before a lawsuit is filed or after. Settlements after a lawsuit has been filed are often times reached through a mediation process.

Keep in mind: Insurance claims adjusters’ primary goal is to lower or diminish the value of your claim by any legal means possible. 

At GB Law, our experienced personal injury attorneys can work with you and advise you on whether the settlement the insurance company offers you is reasonable or not. 

Unlike some personal injury law firms, our attorneys at GB Law work off of a contingency fee-based structure. We will not take a dime for any legal services rendered unless we are able to recover a  settlement in your case. 

Contact our law office today for a free case review.

Verdict

When parties cannot agree on a settlement offer, the case will go to trial. There, a jury or judge will determine the outcome of the case and payout amount to the claimant (and possibly other issues, such as who was at fault or negligent, etc.). That final determination of a case is known as a verdict.

Many personal injury law firms strongly prefer reaching a settlement to avoid litigation at all costs. This is due to the fact that many firms lack litigation and trial experience in pursuing insurance companies in court. 

Our attorneys have decades of experience in not only successfully reaching settlement agreements outside of court, but also in taking insurance companies to trial on behalf of our clients when necessary. 

In fact, The National Trial Lawyers (an invite-only organization of premier trial lawyers) lists GB Law as one of its top-100 trial law firms.

Contact GB Law Today

If you have any more questions about the terminology used in personal injury law, don’t hesitate to contact the experts at GB Law for more information.

How to Calculate Pain and Suffering From a Car Accident

If you’ve suffered one or more injuries from a car accident, calculating the amount of money as compensation for your pain and suffering is a major part of putting together your personal injury claim. 

However, this process is more complicated than it sounds. How do you calculate the full scope of physical, mental, and emotional pain and suffering caused by a car accident?

Our car accident attorneys have over 40 years of experience in calculating and factoring in pain and suffering in order to build full, fair, and reasonable claims.

Today, we will provide an overview of how to calculate pain and suffering in a car accident claim, taking into consideration key aspects of your lifestyle that help inform these damages.

What are Pain and Suffering Damages?

Pain and suffering damages are types of compensatory damages that are awarded to plaintiffs who have been injured in accidents.

These damages are intended to compensate the injured person for the physical pain and mental anguish they have suffered as a result of their injuries and trauma.

Pain and suffering damages also take into account how your injury and trauma impact activities in your daily life, such as your sleep, relaxation, hobbies, and your ability to do the activities you enjoy.

Because these are non-economic damages, pain and suffering damages can be more difficult to calculate an exact value of your pain vs. economic damages like lost wages and medical bills which have a precise dollar amount.

What is Considered Pain and Suffering in a Car Accident?

Pain and suffering from a car accident can include (but is not limited to):

  • Pain interrupting your work activities, leading to poor performance reviews or frustrated employers
  • Difficulty remembering tasks
  • Severe anxiety and stress, such as when getting back behind the wheel of a car or being overwhelmed by doctors appointments
  • Post-traumatic stress disorder (PTSD)
  • Inability to do activities you enjoy, such as exercising for health or social interaction with friends
  • Pain that keeps you awake at night 

All of these things can affect your ability to live your life to the fullest, and to the full extent that you could prior to the accident.

How Can I Prove Pain and Suffering?

While it’s easy to calculate property damages and medical expenses, current and future pain and suffering damages can be challenging to figure out on your own. 

Fortunately, our personal injury attorneys can help calculate them for you. 

Our attorneys can help you document examples of how your injuries and trauma are impacting your work, daily life, and activities you enjoy.

Medical Records for Emotional Distress and Physical Pain and Suffering

A personal injury lawyer can also review medical records and doctor’s notes that can bolster proof of any pain and suffering you’ve experienced. These are crucial pieces of evidence our attorneys can use to paint a picture of your health, mental health, activities, and quality of life before and after the accident. 

Pay Stubs and Timesheets for Lost Wages

Your pay stubs and work timesheets may be good resources to prove some of the financial losses you’ve incurred from any pain and suffering your injury caused. Any communication from your employer regarding your quality of work before and after the accident can be useful in settlement negotiations with insurance companies as well.

How Do You Calculate Pain and Suffering Damages?

While a pain and suffering calculator can estimate the value of your claim, it may not take into account more specific, special damages.

A calculator cannot pin down the severity of the pain and suffering you have endured following the accident and your injuries or how your injury affects the ability of things you like to do.

Using a simple web tool to calculate a pain and suffering settlement amount also means the historical data of cases like yours, if any, would be limited, and you might not be getting fair compensation.

Our attorneys can discreetly review previous, similar car accident injury claims and other personal injury cases we’ve worked on in the past –– as a reference for calculating pain and suffering for your claim. 

This historical data from other car accident cases can serve as a valuable resource and benchmark for estimating the non-economic losses you have suffered. 

Along with these records, the skilled personal injury lawyers at GB Law may also use the following methods of calculating pain and suffering:

Multiplier Method

We can calculate pain and suffering damages by multiplying your economic damages (i.e., medical expenses, lost wages, etc.) by a factor depending on the level of pain you’ve suffered. If your pain is more severe, then we’ll use a higher multiplier.

Per Diem Method

The per diem method sets a daily rate of compensation based on the days of pain and suffering that you have endured (and may continue to endure) following an accident.

Note that these are simplified explanations of how we can calculate damages for pain and suffering. It’s important to work with attorneys practicing personal injury law. GB Law’s team has more than 40 years of experience seeking compensation for pain and suffering.

You are entitled to a fair amount of compensation for your pain, and we will do everything in our power to ensure that you receive as much compensation as possible.

What Should I Ask for in a Settlement for Pain and Suffering?

Your negotiated settlement amount should factor in pain and suffering (non-economic losses) as well as economic damages like lost wages, medical treatment, and rehabilitative care.

Our experienced attorneys can help you calculate the economic and non-economic damages you have suffered from your accident. 

We can then review the insurance company’s initial settlement offer to let you know if it is fair or not. If it isn’t, we will put together a formal counteroffer and help you renegotiate your settlement, continuing to fight for what you deserve. 

How Much Can You Claim for Pain and Suffering Compensation in Ohio?

Since 2005, Ohio has been subject to tort reform, which put a $250,000 cap on pain and suffering claims.That sum can be as high as $350,000 depending on the amount your economic losses for items like your medical bills and lost income. 

However, this limit does not apply to catastrophic physical injuries or some permanent injuries that prevent a client from being able to care for themselves.

Why Do I Need a Personal Injury Attorney?

Our experienced personal injury attorneys know how to locate and obtain the evidence needed to prove both the economic and non-economic damages of your case.

Preserving the evidence needed early and comprehensively will enable us to fight for the full and fair settlement you deserve.

Contact our attorneys at GB Law today for a free case review.

How To Talk To Insurance Claims Adjusters in Your Injury Case

If you’ve been in a car accident, you will likely have to talk to an insurance claims adjuster. Though speaking with them may sound simple, this process is often deceptive, challenging, and daunting. 

Navigating this process alone could mean missing out on tens of thousands of dollars — or even hundreds of thousands — in economic and non-economic damages that you may be entitled to by law.

Fortunately, our personal injury attorneys can guide you through this process. Our top priorities in working with our car accident clients are building a comprehensive claim, avoiding common pitfalls set by claims adjusters, and pursuing a fair settlement for your case.

The auto insurance companies should be notified of the location of your car as soon as possible. We recommend that someone immediately tell the auto insurance companies where your car is located so that the damage can be inspected as soon as possible. This means that you, your lawyer, or a family member should provide the location of your car to the at-fault driver’s insurance company and your own auto insurance company. However, you should never give a recorded statement to the at-fault driver’s insurance company.

Continue reading to learn more on how to talk to insurance claims adjusters and what they are looking for in a car accident claim.

What are Insurance Adjusters?

An insurance claims adjuster is a professional who works for an insurance company. Their job is to review car accident claims and determine how much money the company should pay out. They will also be your primary contact working with you to settle your claim. You may have several different adjusters to deal with; one for the damage to your vehicle, one for your bodily injury claim, and even another one for your medical payments coverage claim. You must be very careful in dealing with all of them. 

Initially, insurance adjusters will make it sound like they have your best interests in mind. To you, it may seem like they are working with you to ensure you get a full and fair settlement that accounts for the economic losses, expenses, pain, and suffering caused by your accident. 

However, insurance claims adjusters are not out for your best interests.

In fact, their job is the exact opposite. They are out for the best interests of their employer, the insurance company, and it is in the best interests of the insurance company to pay you as little as possible. 

Their “script” will include things like: 

  • “There’s no need to contact an attorney.”
  • “We will pay your medical bills.”
  • “As your insurance provider, we’ll handle everything for you.” 

Meanwhile, they’ll put your bills in a file and opt for inaction during the claims process, as your lost wages, medical expenses, therapy, and rehabilitation bills start piling up.

What Does an Insurance Claims Adjuster Look For?

Insurance claims adjusters actively listen for anything they can use to

  • Create doubt in your injury claim, and;
  • Reduce your total settlement.

Even the smallest details can affect your ability to get full and fair compensation for your car accident injury or personal injury claim. 

For example: Say you mention to the insurance adjuster that your treatment seems to be helping and you are starting to feel better. However, after you get back to all of your normal activities, your condition declines because you still aren’t fully healed.

The insurance adjuster will use your comments about getting better as evidence that your accident injury had healed and that something else was now causing it to get worse. This seemingly innocuous bit of information can often be enough for them to either substantially lessen your claim or throw it out entirely.

What Should You Not Say to an Insurance Adjuster?

Do Not Sign Any Medical Authorization Forms for the Insurance Company

One of the worst things you can do is give medical authorizations to an insurance claims adjuster. Signing a medical authorization gives the insurance agency full access to all your medical records, even those not related to your injury claim. 

Again, they will use anything they can find in your records to cast doubt on whether or not the accident was the sole source of your injury and trauma in an attempt to reduce the cost of your settlement.

Instead, contact our personal injury attorneys immediately, even before your initial conversation with a claims adjuster. 

Our attorneys can guide you through this process and away from the common pitfalls that car accident victims fall prey to when speaking with insurance adjusters on their own. Once you hire one of our personal injury attorneys, more often than not, you won’t even have to talk to an insurance claims adjuster. We do the talking for you

Do Not Share Details About Your Injuries with the Claims Adjuster

Mentioning anything related to your health or injury is a huge risk. Remember: sharing the smallest detail with the claims adjuster can weaken your claim and decrease your settlement amount.

Do Not Share Details About Your Prior Medical Conditions or Old Injuries

You may have seen your primary care physician or other doctors before the accident for numerous medical conditions that have nothing to do with the car accident. Do not share this information with the claims adjuster. The claims adjuster will use any information that you provide about medical treatments you had before the accident to undermine your injury case. 

Do Not Tell the Adjuster Details About the Accident

Do not share any information about the accident, either. In some cases, sharing too much information (or any information) about the accident itself may result in the insurance company claiming you’re the at-fault driver when that may not be the case.

For example: You mention to the insurance adjuster that, as you approached an intersection with a green light, you noticed the at-fault driver in the opposite direction, in the left turning lane, waiting to turn left. You then say you continued to proceed toward and through the intersection because you had the right of way, and all of a sudden, the at-fault driver turned left in front of you, causing the collision.

Believe it or not, a slick insurance adjuster will use your “admission” that you saw the other vehicle getting ready to turn as an admission that you failed to keep a proper lookout and, therefore, the wreck is partially your fault. Yes, that is ridiculous, but it is used all of the time by insurance companies to devalue your claim.

What Should I Say to My Insurance Adjuster?

Before speaking with an insurance adjuster, you should contact our office first for information. Insurance adjusters handle claims all day every day. Level the playing field by finding out how to protect yourself rather than falling victim to traps you otherwise wouldn’t be able to avoid. If you decide to hire one of our attorneys, you won’t have to speak to an adjuster at all. 

Our attorneys will take your insurance claims adjuster’s contact information, and serve as their direct point of contact as we guide you through the claims process.

How Do You Negotiate with a Claims Adjuster?

You should never negotiate with an insurance claims adjuster without a lawyer.

There’s a saying that goes, “A person who represents himself has a fool for a lawyer.” This directly applies to personal injury claims and cases.

Don’t get taken advantage of by insurance adjusters. A seasoned personal injury attorney or firm are the only parties qualified to negotiate with an adjuster and formally handle your claim or case. 

In addition, trying to negotiate with an insurance adjuster on your own is, in itself, another common mistake that can quickly devalue your claim. In circumstances like this, we see insurance adjusters fall back on, “If your accident was so injurious or traumatic, how are you healthy and able to represent yourself?”

Our injury attorneys have decades of experience in avoiding these pitfalls, speaking with insurance adjusters, and representing clients through the injury claims process. We know what to look out for and will fight for our clients and the settlement they deserve. 

How Do I Get the Most Out of My Insurance Claim?

To get the most out of your insurance claim, contact GB Law today.

Do’s and Don’ts: Medical Care During a Car Accident Case

man injured in car accident case talks about his broken arm with his doctor

Seeking Medical Care for Your Car Accident Case 

Medical care, medical reports, and documentation are not only imperative to your health and safety but are also fundamental in building your car accident case or claim.

If you believe you have been injured in a car accident, go to the doctor as soon as possible. Current and future medical care costs are some of the most significant damages you may be entitled to as a car accident victim. These costs serve as the foundation of your case.

Yet, there are certain nuances to navigating medical care after an accident that can either be a benefit or detriment to you receiving full and fair compensation for your injuries.

Our personal injury attorneys can guide you through this stressful process and help build your claim while steering you away from common pitfalls that could unnecessarily reduce the damages and medical expenses you are entitled to.

Continue reading to learn more about what you should and shouldn’t do while seeking medical care in your car accident case.

Do: See a Doctor Immediately

Whether you believe you have a serious injury or not, you should see a doctor immediately. 

In most cases, you will be immediately aware of bodily pain, injury, or harm caused by the accident. However, this isn’t always the case. 

The adrenaline spike and state of shock in the wake of a car accident can mask pain and the signs of a new injury. Mild to severe injuries such as soft tissue or muscle tears, fractures, back pain, neck problems, and even concussions can be overshadowed by the mental and emotional trauma of a car accident.

Seeing a doctor immediately is not only critical for your health and safety in identifying and treating car accident-related injuries early on, but can also give our personal injury attorneys valuable medical evidence for strengthening your claim or future car accident case.

Don’t: Wait to Get Medical Care

Any time there is a gap between the accident and your initial doctor’s appointment, it can turn into a major hindrance to your claim or car accident case.

Seeing a doctor days or weeks after an accident makes it easy for the insurance company you’re filing against, and their attorneys, to downplay your claim. 

The insurance adjuster will say: “If you suffered injuries in the accident, why didn’t you go to a doctor sooner?”

Their goal is to minimize your claim and settlement by any legal means necessary and they will use in delay in seeking medical treatment against you. 

Any delay in seeking medical care is all they need to cast doubt on your claim and knock your settlement down to a fraction of what you may be entitled to by law. More importantly, this can prevent you from securing what you need financially to cover all your current and future medical expenses.

This unsuspecting, but common mistake often results in car accident victims settling for much less than they need to cover all their current and projected accident-related medical expenses.

It can also lead to car accident victims paying out of pocket and/or going into debt over medical bills they could have easily been compensated for, had they gone to the doctor immediately.

Don’t wait to get medical care. Look out for your health, safety, claim, and potential car accident case by getting medical care immediately. 

Do: Discuss the Pain and Injuries Caused by the Accident Thoroughly with Your Doctor

When you’re sitting on the exam table at your doctor’s appointment, you should discuss with your doctor the pain and injuries caused by the accident.

Your doctor’s focus should be on the diagnosis, analysis, treatment, and care for those injuries, and nothing else. Keeping the focus of your appointment on accident-related injuries will ensure you get the best care and treatment possible. 

From a legal perspective, it will also help simplify the medical documentation and reporting for your car accident case, while avoiding the mistake of addressing other medical conditions that are unrelated to the accident. 

Don’t: Discuss Other Pain, Injuries, or Chronic Conditions

When you go to see your doctor for your car accident-related injuries, keep in mind that your doctor should document every symptom that you report in your medical records. 

That information can be used for you, or against you. As such, this is not the time to discuss: 

  • Details regarding the events surrounding the accident
  • Any acute or chronic injuries or health conditions you had prior to the accident
  • And your personal or family medical history

Once again, insurance companies will use any and all information they have access to (including medical records and reports) to challenge the validity and value of your claim. 

We’ve seen the settlement value of car accident claims greatly reduced because clients disclosed irrelevant facts to their doctor. We’ve also seen claims diminished or thrown out because clients discussed pre-existing injuries or medical conditions unrelated to the accident. In these scenarios, insurance companies and their representation can underscore you had prior conditions that may have been exacerbated by the accident but were not a direct result of it. 

Keep the conversation with your doctor about your pain and injuries caused by the accident. Do not use this time to rehash details of the accident or discuss other historic health or medical issues.

Do: Have Your Doctors Communicate with Your Personal Injury Lawyers

Depending on the nature of your injury, you may have to see different types of medical and rehabilitative care providers throughout this process. Family practice physicians, physical therapists, chiropractors, and orthopedic surgeons are often involved in treatment and recovery for car accident injuries.

To put your car accident case in the best possible position, your personal injury attorneys should be in contact with all of the medical care providers and specialists involved in your treatment and care. Your lawyer will request your doctor’s medical records and may sometimes ask your doctor to prepare a medical report.

Good communication between your lawyer and doctor is important. However, you should never tell your doctor that your lawyer advised you to see the doctor and you should never tell your doctor that your lawyer asked you to discuss certain things with your doctor. 

Your lawyer will ask you to sign a medical authorization in order to obtain copies of your medical records and bills from all of your care providers. Your medical records, reports, and bills are all critical to building your claim.

Don’t: Hide Anything from Your Personal Injury Lawyers

It isn’t uncommon that car accident victims avoid embarrassing health issues or injuries, caused by the car accident. Don’t do that.

No matter how awkward or embarrassed you feel about your injuries or conditions, do not withhold that information from your accident attorneys. The more information our personal injury attorneys have, the better equipped we will be to get you a full and fair settlement for your current and future medical expenses.

What you share with your attorney is privileged information protected by the attorney-client relationship. Rather than keep secrets that you think will hurt your case, it’s better to tell your lawyer so they can plan and be prepared should those things come up by others in your case.

Our attorneys are compassionate and understanding. Your health, safety, and privacy are our top priorities. At GB Law, you can always expect a professional, discrete, non-judgmental atmosphere. 

Contact GB Law for Representation in your Car Accident Personal Injury Case

If you have any questions or concerns about your doctor appointments or the medical process during the car accident case or claim process, do not hesitate to contact our personal injury attorneys at GB Law immediately for a free case review

Our Tradition of Giving: Franklin County Children’s Services Holiday Wish Program

A much-loved GB Law tradition is back again for the 2021 holiday season. This week, we wrapped and delivered presents to Franklin County Children’s Services for their holiday wish program.

volunteers wrap gifts for the Franklin County Holiday Wish program
volunteer for Franklin County Holiday Wish program shows off wrapping paper

Last year more than 6,500 children received gifts through Holiday Wish, a program that has been going on for more than 55 years. We are excited to participate again this year. To learn more, visit https://childrenservices.franklincountyohio.gov/media/events/holiday-wish.cfm.

The Role Of The Probate Court in Settlements for Minors

In Ohio, children injured in events such as car accidents or dog bites have the same rights and options to seek compensation as adults. However, Ohio has specific laws about how proceeds from a personal injury settlement are handled when minors are involved. Because children technically do not have the legal capacity to enter into contracts, settlements must go through the court system to ensure they are in the minor’s best interest. In short, all settlements for injuries sustained by a minor must be approved by a judge. There are no exceptions, and the size of the settlement does not matter.

In some cases, a guardianship must be set up depending on the amount of the settlement. If the net amount of the settlement exceeds $25,000, the Probate Court will require a guardianship to be established. This means that a guardianship will be required if the amount paid to the minor from the total settlement will be $25,000 or more. Typically those funds are paid into a custodial account held in a local bank and the funds cannot be paid to the child without approval by the Probate Court. The guardian can be the minor’s parent or another individual. Again, minor settlement statutes apply to all settlements (even if no lawsuit is actually filed) and can be complex. Under Ohio civil procedure laws, parents, as legal guardians, can file legal claims on behalf of their children as well.

Another major difference for personal injury claims involving children is the expanded time frame for filing a personal injury claim. Statutes of limitations — which exist in every state — give accident victims a specific and limited window of time to file a claim following an accident. Adults typically have two years to file a claim (Ohio Revised Code Section 2305.10). Minors are entitled to the same two years, but the window of time does not start until they reach age 18. This delay is known as “tolling” (Ohio Revised Code Section 2305.16). An easy way to look at it is that a lawsuit must be filed before the minor’s 20th birthday. Of course, an insurance claim can be opened before the minor turns 18 if a parent or legal guardian files on their behalf. It is always ideal to file a claim quickly after an accident, instead of waiting 10 to 15 years. The more time that goes by after an accident, the more difficult it is to gather witness recollections and evidence.  

Discuss Your Potential Case with A Top-Rated Ohio Personal Injury Lawyer

If your child has been injured in a vehicle accident caused by another driver’s negligence, contact GB Law to discuss your potential case. We have more than 30 years of experience representing individuals and families in Ohio. Our dedicated and experienced lawyers fight for full and fair compensation for our clients, no matter how young or how old. Contact us today to schedule a free and confidential consultation.