Category: FAQ

Your actions after a car accident can harm your right to receive a fair settlement for your personal injury case. Car accidents are extremely stressful events, and many accident victims do not realize how important it is to take the proper actions following a crash to protect their rights to compensation. The following is a short list of actions you should NOT take following an accident:

You should not admit fault or partial fault

The law does not require you to admit being liable for a car accident. Aside from recovering money in your claim, admitting fault may invalidate your insurance policy. If you do admit fault, you cannot go back on an admission as this could be considered perjury. It is best to not say anything to other parties in the accident, or their insurance adjustors.

You should not provide a recorded statement to any insurance company, even your own

You need to report the accident to your insurance company. Your claims adjuster will likely ask you to make a recorded statement. You are not required to do this and generally should not. Even if your adjuster is friendly and seems sympathetic to your situation, they are trained to ask questions in such a way that you will downplay your injuries and ultimately reduce the amount of money you receive.

You should not post on social media about the accident or anything else until your claim is resolved

Insurance companies often check accident victims’ social media accounts for evidence that you are not injured, or your injuries are less than you claim. For example, even if you are in a lot of pain, you may go to a concert with friends. An insurance adjuster could find a picture of you at the concert looking happy and make a case that your personal injury claim is a fraud. Even if profiles are set to private, investigators have found ways to gain access to your profiles.

You should not accept a settlement offer without first talking to a lawyer

Insurance companies try to wrap up claims quickly because they know it is their best chance at getting you to accept money and not involve a lawyer. They know that if you hire a lawyer, your lawyer will fight for far more compensation than they initially offer.

For more information about what to do following an Ohio car accident, contact us for a free consultation, call 614-222-4444, or download our FAQ about car accident injuries.

If you are injured in an accident caused by the negligence of another person, corporation or government agency, you may be entitled to recover compensation in a personal injury claim to cover your medical care expenses, lost wages from being unable to work, and pain and suffering.  This money may be offered as part of a settlement, or awarded by a judge or jury in a civil lawsuit. A common question we are often asked in new client consultations is “Will my personal injury case go to trial?”

The answer to that question in most cases is “probably not.” Most, but not all, personal injury cases settle outside of court, avoiding the time and expense associated with at trial. Sometimes cases are settled without filing a lawsuit, sometimes they are settled after a lawsuit is filed, and sometimes they are settled on the eve of trial. Avoiding a trial is ideal for plaintiffs because trials are expensive and there is always a chance that the plaintiff could lose and be awarded nothing. Defendants like to avoid trials to keep their name (and negative publicity) out of the press, and settlements can include a confidentiality clause. Although settlements are generally considered a “win-win” for both the defendant and the plaintiff, sometimes cases don’t settle and a trial is necessary. Some of the common reasons a case won’t settle are:

• The defendant refuses to offer a settlement.

• The defendant offers an unreasonably low amount.

• The plaintiff insists on putting the defendant on trial.

Whether or not to take a case to trial is something a plaintiff should decide with their personal injury lawyer.  An attorney with experience handling similar cases and understanding of the unique aspects of the case can advise whether a settlement offer is fair.  Sometimes it may make sense to accept a settlement offer that is for insurance policy limits, than to take a case to trial and possibly be awarded more but be unable to collect from the defendant. Insurance companies are only willing to pay what they are obligated to pay per their policy terms.

Typically, your attorney will want to wait until you are finished with your medical care before trying to settle your personal injury case. This is because it isn’t until you are finished with your medical care that your attorney knows the full nature and extent of your injuries and, therefore, the true measure of your damages.

However, in cases where a person has a permanent injury which will require long term future care, waiting until medical treatment is completely is not an option. Under these circumstances, your attorney will advocate for an amount in damages that covers the full extent of not only your past medical care but your future medical care. To do this, it is especially important to have medical documentation that describes the injuries and the future prognosis for treatment and recovery. Similarly, it is important to show documentation that the person is receiving ongoing medical treatment and/or rehabilitative therapy.

While these factors are relatively easy to meet, there are other factors which are more difficult to accomplish and understand. This is why having an attorney advocate for you is typically the better avenue to take after a motor vehicle collision or other accident which results in a personal injury. An example of a more difficult factor is the knowledge of how your state and local laws impact your ability to recover for long-term injuries. There may be laws or provisions in place which limit your recovery or potentially help you recover more. Overall, the settlement amount is not an easy thing to calculate because long-term injuries and their costs are not concrete, allowing for only an educated estimate. An experienced attorney, like the attorneys at GB Law, will understand the process of making sure his or her client receives the full amount in compensation for now and in the future.

In the event that you are injured by an uninsured motorist, and you had Uninsured Motorist Coverage at the time of your car accident, then you are entitled by law to compensation for personal injuries including pain and suffering.

Compensation for pain and suffering is based on the nature and extent of the injuries, along with the impact on your hobbies, job, and your activities of daily life.

Your insurance company may pay you some money for pain and suffering, but it is very difficult to receive what you deserve for your pain and suffering. Why? The claims adjuster is evaluated by his or her supervisor based on how little you are paid. The adjuster receives a positive evaluation if you accept a small sum of money, and the claims adjuster may be criticized if you receive what is fair.

It pays to consult with a lawyer because an attorney can advise you soon after the accident whether you will need a lawyer and the attorney will help you avoid common mistakes that injured people make while dealing with the insurance company.

According to the Ohio Department of Insurance, as many as 13.5% of the motorists on the road are not insured. Based on those statistics, you and your family should have uninsured motorist coverage. If you have been injured due to an uninsured motorist, don’t give up, get help.

The main reason you should hire a personal injury attorney after an accident is to make sure that you are on equal footing against the insurance companies and their lawyers. Every insurance company has a team of lawyers who understand the law and understand the ways to reduce compensation or deny compensation altogether. As the severity of the accident increases, it becomes even more important to have proper counsel, so you can limit or prevent any out-of-pocket expenses. With a personal injury attorney, your interests are protected every step of the way. In the beginning, there is only a limited time to sue. An attorney will ensure that you do not miss the deadline to get the compensation you deserve. Additionally, you may not realize all the potential claims you can make to receive the maximum amount in damages. After the lawsuit is filed, an attorney will be able to properly argue your case, which is often legally complex. There are also several procedural complexities that must be dealt with in order to succeed on a case. An attorney protects your interests by ensuring all requirements are met and all arguments are properly given. When it comes to settling your case or taking it to trial, an attorney can help you fully understand your options, so you can make an informed decision on what is best for you. At the end of the day, an attorney makes the whole process easier for you while fighting hard to get you all of the compensation you deserve.

Under Ohio law, a plaintiff may recover damages for the non-economic loss of pain and suffering. Pain and suffering incorporates both the mental and physical distress suffered by a plaintiff after an accident. Examples include, but are not limited to: broken bones, aches, pains, soreness, depression, anxiety, and embarrassment. Pain and suffering also includes things such as the temporary or permanent loss inability and the potential shorting of life. Whether a plaintiff receives a damage award for pain and suffering is a question left to the jury. The actual amount granted by the jury is wholly subjective. Pain and suffering is independent from doctor’s bills and lost wages. Therefore, it will be in the discretion of the jury to calculate an amount they think is necessary to compensate the plaintiff. When presenting evidence to the jury, a plaintiff may choose to testify to his or her pain and suffering and/or have an expert testify as to the extent of plaintiff’s pain and suffering. The jury is not allowed, however, to consider such things as the defendant’s wealth or enacting a punishment against the defendant when calculating the amount of compensatory damages for a noneconomic loss.

Furthermore, a plaintiff is limited on the amount of damages he or she can recover for noneconomic losses, including pain and suffering. Ohio Revised Code Section 2315.21 prohibits a damage award exceeding the greater of (1) $250,000 or (2) an amount equal to three times the economic loss. This section of Ohio law further limits the award to $350,000 per plaintiff or a maximum of $500,000 per occurrence that is that basis of the lawsuit. Yet, a plaintiff is not limited on the amount he or she can recover if the injury is seriously debilitating. For instance, damages are not limited if plaintiff’s injuries create a permanent and substantial physical deformity, such as a loss of use of an arm, or plaintiff suffers a permanent injury which prevents the plaintiff from proper functioning and limits the plaintiff’s ability to independently take care of self or sustain life.

The law requires that all motorists have car insurance. However, a person may have a right to be reimbursed for personal injuries and property damage even if they do not have insurance at the time of a car accident. If you were not insured at the time of your car accident, you should notify the at fault party’s insurance company of the fact that you were injured. The police should provide you with the at fault driver’s car insurance information. More importantly, you should see a medical provider such as an urgent care or local emergency room to make sure your injuries are properly diagnosed. This is for your own safety because injuries may be very serious even though the symptoms might seem minimal.

If you do not own a car, then consider buying an insurance bond. An insurance bond is not expensive and the bond will provide you with coverage when you are driving a car owned by someone else. If you were involved in a car accident, don’t give up; get help. Call a lawyer to receive advice and assistance.

Robinson v. Bates was an Ohio Supreme Court case that drastically changed what evidence a jury was allowed to see regarding the cost of medical treatment in a personal injury case. It also drastically changed how insurance companies evaluated personal injury claims and not in a good way.

Before Robinson v. Bates, the only evidence of the cost of medical care that a jury would see was the amount charged by medical care providers or, in other words, “the bill.” If a hospital charged $20,000 for a particular surgery, that is what the jury saw. Juries were not allowed to see evidence of health insurance, Medicaid or Medicare write-offs, payments, or other adjustments. It was as simple as this: the only evidence a jury would see is what the doctors, hospitals, or other medical facilities charged and, if a jury believed all of the medical care was necessary, that is what the at-fault party was responsible for.

Robinson v. Bates changed all of that. This court decision changed decades of Ohio law and said that now a jury could see the amount actually accepted by a medical care provider as full payment which, under all health insurance and Medicaid and Medicare policies, is less than what was charged. Even though the case said that juries still could not “see” the various health insurance write-offs, payments, and other adjustments, as a practical matter, it did allow juries to see these various adjustments.

Using the $20,000 surgery example above, in the pre-Robinson v. Bates days, a jury would only be allowed to see the bill, or the portion of the bill, showing that the hospital charged $20,000. Post-Robinson v. Bates, the jury was allowed to see that, although the hospital charged $20,000, the hospital actually accepted as full payment, only $5,000. Even though the jury did not actually “see” the various insurance write-offs, patient co-pays, etc., the jury would see that although the hospital charged $20,000, the hospital accepted $5,000 so $15,000 was written off.

As you can imagine, this decision drastically changed how insurance companies evaluated personal injury claims. Again, using the example above, in the pre-Robinson v. Bates days, the insurance company knew they were on the hook for the $20,000 surgery because that is the only amount a jury would see. Post-Robinson v. Bates, the insurance company was, typically, only on the hook for $5,000 because a jury would “see” that this is the amount that was actually paid for the surgery. This drastically REDUCED the amounts insurance companies would have to pay on injury claims.

In other words, insurance companies got the benefit of health insurance contacts between doctors, hospitals, and other medical care providers, as well as the benefit of the health insurance premiums paid by Ohioans and Ohio employers.

In the end, Robinson v. Bates was a huge windfall for the liability insurance industry. Using the example above, instead of now paying at minimum $20,000 for a claim, they were now starting out at paying only $5,000. In addition, the injured party oftentimes has to reimburse the insurance company what they paid towards accident-related medical care so the injured party, who has been paying the health insurance premiums, gets zero benefit from this decision.

The Robinson v. Bates decision did nothing but embolden an already aggressive liability insurance industry. Since Robinson v. Bates, health insurance companies offer even less money to fairly compensate those injured by reckless persons or businesses. That is why, now more than ever, it is important to hire professional, competent, and dedicated attorneys such as those at GB Law to protect your rights.

There are a variety of different ways a lawyer gets paid for his or her legal services, including, but not limited to: contingency fees, flat fees, and hourly rates. All fee arrangements are typically agreed to, in writing, before representation begins.

At GB Law, our attorneys work on a contingency fee basis. What does this mean for you? It means: You will not pay our attorneys for their legal services unless they successfully settle your case. In contingency fee arrangements, an attorney agrees to accept a certain percentage of the money awarded in a judgment or negotiated in a settlement.

On average, attorneys will take one-third (1/3) of the money a client recovers. This, however, does not include expenses accrued during the course of representation. In any litigation, there are several expenses, such as:

• Filing fees
• Copies of medical records or medical reports
• Depositions and medical opinions

When the money is awarded, the attorney will take out just enough to cover these types of costs. After the expenses are accounted for, the attorney will take out the agreed-upon percentage of the remaining balance. You will then receive your share of money awarded.

Our attorneys pride themselves on their ability to deliver superior service. They work extremely hard towards getting their clients everything they are entitled to receive. Remember: Because our attorneys feel confident in obtaining a positive result, they work on a contingency fee basis, meaning if they do not obtain a positive verdict or settlement, there is no cost to you.