Archive for the ‘Cincinnati Injury Attorney’ Category

What Should I Do If The Other Party’s Insurance Company Keeps On Contacting Me?

Posted by Cincinnati-Injury on August 23, 2010  |   No Comments »

Injury as well as personal injury can have two sides, meaning that injury can be solely the fault of the injured or there’s another party involved whose negligence caused the other person’s injury. For the latter, personal injury law comes into play. Personal injury is a part of tort law and covers for bodily harm and injuries to emotions and mental capacity of a person. In any kind of personal injury case, there’s always one individual that has the role of the injured and there’s another whose actions led to the injuries of the former.

In relation to personal injury proceedings, there’s a lot of time that’s given to evaluating the injury. More time is given to pretrial proceedings like discovery, depositions and motions that your attorney might think would help your narrow your case down before trial. There’s time spent in mediation and settlement. If settlement is not successful, trial can be short or long and can still involve appeals and other motions before fully coming into conclusion.

In between all these procedures and processes, you might receive calls from the other party’s insurance company. They might be completing their research of the facts and might want to get your side of the story. There’s really no case if only one side of the personal injury story is told. Both sides’ opinions and thoughts have to be aired out. When the other party’s insurance company calls you, it’s always best to consult with your lawyer and maybe even speak to the other party’s insurance company with your lawyer present.

With the guidance and expertise that your attorney has, you can gain a very good stance for bargaining on the case. It’s important to know where you stand before giving any information to the other party’s insurance company. Your attorney can keep you in the loop about all the proceedings regarding a personal injury case involving you and knows what to do for your best interest. If you’re not sure what to say about what the other party’s insurance company says about the issue, you can tell them to contact your lawyer for information they need.

On the other hand, another reason for the other party’s insurance company to be calling you is about your compensation. It’s still a good move to refer them to your lawyer who is a professional in handling the steps, processes, documentation, etc. regarding personal injury.

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If Someone Has A Slip And Fall Accident While Intoxicated, Do They Have A Case?

Posted by Cincinnati-Injury on August 16, 2010  |   No Comments »

In anyone’s life, accidents are bound to happen. There are accidents that can be due to somebody else’s negligence and there are some where the injured person is also to blame for his accident and injury. One of the most common kinds of accidents are slip and fall accidents and under personal injury law, slip and fall accidents fall under two schools of thought.

The first is that the slip and fall accident was caused by another person’s negligence. Here, it’s either there’s a spill on the floor or there’s a hole on the ground where you slipped and fell. It’s every person’s responsibility to make sure that their property, establishment and premises are free of obstructions or anything that could cause injury to another person. With regard to a slip and fall due to a spillage on the grocery floor, if there’s no sign for a wet floor, the owner of the grocery store is held liable for whatever injuries a person might have suffered.

The other school of thought for a slip and fall accident is that the injured party is at fault. This can occur in cases where the injured person just wasn’t paying attention to the wet floor sign and walked on the puddle anyway. It may also be that the slip and fall victim was intoxicated. When you’re intoxicated, it’s easy to run into accidents like slip and fall accidents. This is because you’re impaired in both your judgment and physical control. In cases like these, it can be very difficult to establish negligence on the other party.

With slip and fall accidents in Cincinnati Ohio, establishment of negligence is the number one factor for winning compensation from personal injury. Without that factor, there is simply no case. A lawyer can still put a partly at fault clause in the slip and fall personal injury case where with great skill and expertise, the injured person might still get compensation for injuries. The amount for the damages would be a fraction of the amount with a slip and fall case where injury was caused due to another person’s negligence, however.

In conclusion, if you’re a victim of a slip and fall accident and you were intoxicated during that time, it’s best not to file for a personal injury claim. Together with the stress and difficulty of making a defense for your momentary impairedness, all the effort, time and money would be for naught.

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Motorcycle Laws and Injuries

Posted by Cincinnati-Injury on August 9, 2010  |   No Comments »
Driving on the open road is the most exhilarating experience one can have in life. With the wind through your hair and a speed that’s fast enough but within the limits of the law, it can be exciting. This is especially so if you’re on the open road on a motorcycle. With these pleasures, there are dangers that come with driving a motorcycle.
Of all the people in the street or on a busy highway, it’s motorcyclists who are most vulnerable to injury. Even while taking great care in maneuvering in and out of the roads, it’s a car driver who can cause serious injury to the motorcyclist. With laws covering for being on the road on a motorcycle, the most basic of these laws is the helmet law. For the possibility of a motorcyclist hitting his head on the pavement in a collisions and a myriad of other accidents, many states like the state of Ohio requires motorcycle operators and their passengers to wear safety helmets.
These helmet laws even go further in that, motorcyclists are required to use some other kind of protective gear together with the helmet like goggles or face shields. If you’re involved in an accident and you’re not wearing a helmet and these other protective gear, it can affect your case negatively. When your own negligence is established in a case, the possibilities of a better compensation are lowered as well. You might even lose the right to compensation if you’re seen to be at fault in the accident. In cases where the issue is brain injury or damages, if you fail to wear a helmet, this might defeat your chances of getting damages.
Under the Ohio law, if you’ve suffered injuries related to a motorcycle accident, depending on your situation and the facts of the case, you will be entitled to recovery for expenses that fall under lost wages, medical bills, even future medical expenses, property damage, pain and suffering, loss relationship with your spouse, etc. If the opposing party’s conduct is also bad during the personal injury case, you can recover punitive damages.
There are so many risk that you take when you opt to ride a motorcycle on the open road. Accidents can happen when people driving cars don’t see you or even if you have a part of your motorcycle that’s defective. Protect yourself so you can enjoy the exhilaration and excitement driving has to offer.
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Cincinnati Personal Injury Lawyer: Tort and What the Laws Cover

Posted by Cincinnati-Injury on July 24, 2010  |   No Comments »

Questions with regard to personal injury are numerous. Get enlightenment about personal injury and tort cases from a Cincinnati personal injury lawyer. Accidents are part of life and in many instances; injury is caused due to neglect of one or more people. When you or a loved one is suffering from an injury where another individual is responsible either by fault or negligence, you have a personal injury lawsuit in your hands.

You might be thinking that you’re not suffering from any kind of personal injury that was due to an accident. The most common types of personal injury lawsuits are due to workplace accidents, car accidents, slip and falls and medical malpractice. These and many other kinds of personal injury are governed by the law of tort. Torts a Cincinnati personal injury lawyer would tell you are civil wrongs that lead to another person’s injury. These kinds of wrongs are punishable in the sense that the one at fault or responsible for the accident and the injury must pay the injured party damages. When this happens, it gives a warning to other people to always act with care.

States have variations when it comes to the tort law and if you’re pursuing a lawsuit for personal injury, seeking counsel is the best way to ensure that you get compensated for your injuries, pain, suffering and mental distress. It will be up to the Cincinnati personal injury lawyer to establish the liability and the damages. The liability in personal injury cases are established on the premise of negligence, intentional wrong and even strict liability. Under negligence, any person who doesn’t take measures to be careful is considered a negligent person. Intentional wrong is basically when the individual knows their actions will be causing harm but goes on with the action anyway. For manufacturers of products or suppliers of items, strict liability governs when they’re products are defective or if they failed to include warning label in the product box or wrapper.

As was mentioned, damages are not only the physical injuries but also the emotional and mental harm that the injured party endured from the accident. The damages with regard to its extent will have to be proven and while it’s a good thing to keep notes on the accident and damages that are affecting your life, a Cincinnati personal injury lawyer can help strengthen your personal injury claim more.

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The Tasks of a Cincinnati Personal Injury Attorney

Posted by Cincinnati-Injury on July 18, 2010  |   No Comments »
It’s not easy being a Cincinnati personal injury attorney as it entails many tasks. Cincinnati is the third largest city in Ohio and is the county seat of Hamilton County. It is the first American boomtown rivaling many other larger cities in the US. It has n estimated population of 2.2 million residents! Cincinnati was also considered as the first major inland city in the whole of US. The city is also home to a lot of major sports teams and big annual events. A city this busy is bound to have some unwanted friction in the form of personal injuries.
 
Personal injury is a term used legally to refer to injuries made to another person’s body, mind and/ or emotions, it does not include to property. These damages are often a result of negligence of another in the form of road accidents, work accidents, tripping accidents, home accidents, holiday accidents and product liabilities. Aside from these, a Cincinnati personal injury attorney must also handle industrial and medical accidents sue to negligence. People who have suffered from personal injuries often result to serious medical conditions like deafness, strains, stress, chronic and pulmonary diseases; it is a very serious mater.
 
A Cincinnati personal injury attorney must have the highest code of ethics in dealing with injury cases in the city of Cincinnati. Cincinnati residents expect that their injury attorneys are professional in helping them uphold their rights from another party’s negligence. Personal injury is sometimes faked by people to be gain wrongfully at the expense of another. Therefore, it is also a personal attorney’s sworn duty to tediously research and evaluate the root cause of the problem to be fair to all the parties involved.
 
A Cincinnati personal injury attorney must have good people skills to be able to interview witnesses, and the parties involved to get a better understanding of the gravity and accuracy of a plaintiff’s claim. He must of course be licensed to practice all forms of law and legally prosecute a case in court. There are of course cases where better judgment is employed by a personal injury lawyer to determine whether to try a case in court, or to settle with the defendant.
 
Time is of the essence when dealing with personal injury cases, therefore the attorney must be quick and steadfast in researching and accurately resolving a case while the matter is still easily traced. These and more form part of the daily tasks and responsibilities of a resident Cincinnati personal injury attorney.
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