Personal Injury Lawyer in Mentor, OH
REPRESENTING CLIENTS INJURED DUE TO ANOTHER PARTY’S NEGLIGENCE
When you go about your normal daily routine, you may not be thinking about what would happen if you were injured or involved in an accident. However, many times, people are surprised when they get hurt or suffer a motor vehicle accident that was not their fault. So what happens then? Will you be stuck with a stack of bills resulting from an accident you did not cause? This is when the skills and experience of a personal injury attorney can make all the difference. Learn how personal injury cases are handled in Ohio and see how an experienced personal injury lawyer can help protect your rights as a victim. The Piscitelli Law Firm represents injured clients in Mentor, OH, and surrounding areas. Contact us to discuss your case.
WHAT IS A PERSONAL INJURY CLAIM?
A personal injury claim is a type of civil claim in which a plaintiff (the person who was injured) brings a claim against a defendant (the person whose actions allegedly caused the plaintiff to be hurt) seeking compensation for their damages. Personal injury claims are handled in a civil court, and a successful claim can result in monetary compensation for the plaintiff.
There are a variety of case types that are considered personal injury claims. For example, if a person visiting a store slips and falls because of slippery, wet floors, that person may have a personal injury claim against the store owner. Likewise, if a driver is rear-ended by another vehicle operated by someone who was under the influence of alcohol, that driver may have a claim against the drunk driver.
WHAT DO YOU NEED TO PROVE IN A PERSONAL INJURY CLAIM?
Some aspects that are unique about a personal injury claim include the fact that all personal injury claims are based on negligence and that the burden of evidence for the case falls on the plaintiff. In other words, the plaintiff (the injured party) is the one who needs to prove that all elements of negligence are applicable to their case.
In order to have a solid personal injury claim, a plaintiff should be prepared to prove the following: (1) the defendant owed the plaintiff a duty of care; (2) the defendant breached their duty of care by acting with negligence, recklessness or engaging in wrongful conduct; (3) the breach of duty of care created a hazardous situation that caused the plaintiff to become injured; and (4) the plaintiff sustained significant damages as a direct result of the defendant’s negligence. Proving all these elements may seem like a daunting task, but an experienced personal injury lawyer can assist you with the steps needed to gather enough evidence to build a strong case to hold the defendant financially responsible for your injuries.
HOW MUCH IS MY PERSONAL INJURY CLAIM WORTH?
One of the main concerns a personal injury victim may have is how much money they may be able to recover for their claim, especially when their injuries have made them temporarily unable to work and earn their normal wages. A quick search on the internet can reveal a variety of “personal injury calculators” that promise to reveal your case value if you answer a few questions. However, these tools are often inaccurate as they can lead you to believe your case is worth more (or sometimes less) than it really is.
In general, the value of a personal injury claim is determined by the severity of the victim’s injuries and the financial damages they sustained. For example, a person who suffered a sprained ankle and a few bruises in a slip-and-fall accident will likely have a smaller settlement than one who was injured in a car accident and became permanently disabled due to their injuries. The best way to find out how much your case is worth is to speak to a skilled personal injury lawyer who can conduct a thorough analysis of your case to determine what damages may be available to you.
IS GOING TO COURT THE ONLY WAY TO RECEIVE COMPENSATION FOR A PERSONAL INJURY CLAIM?
While filing a lawsuit in a civil court may be a feasible option for some cases, many personal injury cases are resolved outside of the courtroom. Certain cases, such as motor vehicle accidents or premises liability claims, can usually be settled through an insurance claim. The injured victim may file an insurance claim with the at-fault party’s insurance company to recover compensation for their losses.
Unfortunately, many cases that could be resolved through a simple insurance claim often become more complicated when the insurance company tries to protect their profits at the expense of claimants and unfairly denies a good faith claim or tries to get away with paying less than what the claimant deserves. This is another situation where the help of an attorney can truly turn the case around. In some cases, just having an attorney represent you and conduct negotiations with the insurance company is enough to get them to take you more seriously, as most insurance carriers would rather avoid the risk and expense of going to court.
At the Piscitelli Law Firm, our personal injury lawyers are no strangers to negotiating with insurance companies and protecting the best interests of our injured clients. Even if you do not plan to go to court, it is best to be represented by a skilled attorney the insurance companies know can take them to trial if necessary. If you were injured in an accident caused by someone else’s negligence, reach out to our office in Mentor, OH, at 216-931-7000 for a free consultation to discuss your case.
