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Should You Hire a Personal Injury Attorney?

When people have to file a claim with an insurance company, many of them feel that they are being mistreated, and are receiving less than they actually should. They aren’t being paranoid; they actually are being mistreated and are receiving less than they should. Insurance companies play hardball as a matter of course, and their initial settlement offer is usually the absolute bare minimum.

The most important question that you should ask yourself in the event of an accident and a subsequent settlement offer is “Have I lost anything that can’t be replaced?” If the accident is something that you can simply walk away from, the answer is probably “no.” In the case of a minor fender bender, or a trip to the hospital to treat some scrapes and bruises, what the insurer offers you for property damage and medical bills should be sufficient. At worst, you’ve lost maybe a day of work, and if you receive an hourly wage and your employer isn’t the sort to take that into consideration, then you should mention that to the insurers. But for most minor accidents, the damage is repaired fairly quickly and efficiently, and the minor medical bills are as well.

If the driver of the other car was at fault, and he was uninsured or underinsured, you should definitely consult an attorney, usually as quickly as possible. While many states require uninsured and underinsured insurance coverage, it’s usually only for a limited amount, and your damages might add up to significantly more than the coverage. In some states, you only have a limited amount of time to take legal action against the uninsured driver, and some insurance policies have language that require arbitration agreements between you and the uninsured to be reached within 60 days after the day of the accident.

Another definite time to seek legal counsel is when the accident results in serious injuries. The necessity of lengthy hospital stays and long recovery periods are when insurance companies call out the big guns. In order for this to make sense, you should consider that the insurance company of the person that hit you doesn’t represent you. There is no sense of “doing the right thing” among insurance companies. Millions of people on the Gulf Coast are being told by their own insurers that there is nothing that they can do. If that’s how they treat their own clients, what sort of treatment do you think you’ll receive? Getting what is necessary out of an insurance company in serious situations takes absolute command of the facts and a thorough understanding of insurance and liability law.

The most important thing that you can do if you are seriously injured is to document every aspect of your injuries and every facet of your treatment. Going for a follow up visit after an emergency room visit is crucial as well, as some injuries caused by the accident might not manifest themselves until later.

Types of Damages

When an injury victim is in the process of recovery, it seems pointless to categorize all the costs. Medical bills, money lost from time off of work, and getting your property repaired simply mean writing one check after another. But in legal terms, all of these damages fall under specific categories, and each category can be specifically reimbursed.

Compensatory Damages: The purpose of filing for compensatory damages is to get the victim back to the position that he or she was in prior to the accident. This is called making the victim “whole.” Compensatory damages include medical expenses, lost wages, and the recovery and repair of lost property.

General Damages: In some cases, there are losses that can’t be quantified with a dollar amount. The loss of a spouse or child due to the negligent actions of a loved one falls under this category. Similarly, a shortened life expectancy due to an occupational illness falls under this category as well. These damages are also categorized as “pain and suffering.”

Special Damages: These cover the out of pocket costs of the winning party. For instance, the cost of a rental car that was paid by an accident victim would fall under the special damages category.

Punitive Damages: These are damages that go above and beyond the actual financial harm done by the defendant. Punitive damages are awarded when the conduct of the defendant was found to be willfully harmful or negligent.

Charles Boyk has spent years protecting the rights of injured Ohio citizens. He can determine whether or not you are being treated fairly by insurers. If you are being treated fairly, he’ll tell you. If you aren’t, he’ll put all of his considerable knowledge of Ohio law towards securing fair and adequate compensation for your injuries. If you or a loved on has been injured in an accident, and feel that the insurers aren’t treating you fairly, contact our offices for a free legal consultation today.

We represent Ohio personal injury clients from Toledo, Maumee, Delta, Port Clinton, Bowling Green, McClure, Napoleon, Helena, Fremont, Fostoria, Tiffin, Cygnet, North Baltimore, Ottawa, Findlay, Carey, Bryan, Sandusky, Swanton, Perrysburg, Grand Rapids, Waterville, Liberty Center, Portage, West Millgrove, Woodville, Genoa, Gibsonburg, Findlay, Risingsun, Deshler, Hamler, Oregon, Sylvania, Delta, Weston, Oak Harbor, Port Clinton, Clyde, Lorain, Ottawa Hills, Rossford, Millbury, Walbridge, Holland, Northwood, and Whitehouse. We also serve those who live in Lucas, Wood, Seneca, Lorain, Fulton, Erie, Hancock, and Sandusky Counties.

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