How To Spot “Hidden” Injury Cases & Earn A Large Referral Fee
Our most significant cases are often “hidden” third-party torts and workers’ compensation claims. We are very careful to examine those cases for personal injury claims to maximize recovery for our clients and referring attorneys. Here are some of the things to look for:
■ Plaintiff is in the scope of employment. He is substantially injured in a car/truck/vehicle
accident with a third-party at-fault driver. We can potentially make a claim against the
at fault driver, their company, the Plaintiff’s uninsured motorist coverage, and/or
Plaintiff’s employer’s uninsured motorist coverage.
■ Plaintiff is at the site of a third-party employer. Plaintiff is seriously injured by
someone or something at that site. For example, Plaintiff is run over by a forklift,
falls from a hidden defect, a falling object, or an explosion. The third party is liable
through the use of respondent superior, and claims of negligent supervision, hiring,
training, maintenance, or creating the defect.
■ Plaintiff is at the site of a third-party employer. Plaintiff is physically or sexually
assaulted. Respondent superior and negligent hiring, supervision, and retention
are often viable theories to recover.
We are making the point that if there is a substantial injury, referring the case and getting a second opinion is in the best interest of the client. We pay referral fees in accordance with the Ohio Code of Ethics.
It is very crucial to do the investigation as soon as possible to preserve evidence. We send a spoilation letter to the defendant. A request for an OSHA investigation provides independent evidence beyond the reach of a pre-lawsuit plaintiff. A VSSR (Violation of a specific safety requirement) complaint provides a state-level investigation. Getting a qualified expert involved immediately is often prudent.
