Top 5 Reasons to Hire a Personal Injury Lawyer

Whether you sustained one or more injuries because of an accident or the negligence of another party, how you react following the incident determines how much compensation you receive from an insurance claim and possibly a civil lawsuit. The most important step in the process involves hiring an attorney who specializes in handling personal injury cases.

The ultimate goal of a personal injury lawyer is to get a claim improved by the client’s insurance company or the insurer representing the other party. If the other party committed one or more acts of negligence, hiring a personal injury attorney can help you win a legal judgment or be the beneficiary of a favorable settlement.

The top five reasons to hire a personal injury lawyer are based on receiving compensation because of an accident or one or more acts of negligence.

Interact with an Insurance Company

The business model for insurance companies is quite simple: Receive as much in premiums as possible and pay as little as possible in claims. Even if an insurance claim you plan to file appears to be strong enough to get approved, the insurance company that you have to deal with might deny the claim based on a frivolous reason.

Hiring a personal injury attorney provides you with much greater influence during the insurance claim process.

Meet Deadlines

A personal injury case involves meeting a few deadlines, with the most important deadline consisting of filing a civil lawsuit before the expiration of the statute of limitations. Most states have established the statute of limitations for filing a civil lawsuit at between two and four years, but the deadline can be as short as one year (Kentucky) or as high as six years (Maine).

Gather and Organize Evidence

Submitting persuasive evidence represents the key to getting an insurance claim approved, as well as reaching a settlement or winning a legal judgment. A personal injury attorney knows how to investigate a case to collect and organize evidence such as photographs taken of the incident scene and obtaining video footage from a security camera.

Interview Witnesses

You have many responsibilities to assume after a personal injury incident, and acquiring the names and contact information of witnesses is one of the most important tasks completed to build a strong case. Personal injury lawyers interview witnesses to receive information that supports the physical evidence gathered for submission to an insurance company.

Negotiate a Settlement

Negotiating a favorable settlement helps you avoid going through a costly and time-consuming civil trial. A skilled personal injury attorney knows how to calculate a reasonable value for monetary damages that is presented as the initial offer. Presenting an overvalued submission for monetary damages can derail your case.

The Most Likely Times and Places for Car Accidents

In the United States, an average of nearly six million car accidents are reported each year that involve more than 12 million vehicles. The National Bureau of Transportation (NBT) statistics states there are certain times when and places where auto collisions occur most often.

When Do Car Accidents Happen Most Often?

Cold weather and frozen precipitation make winter appear to be the most likely time of year for vehicle collisions. However, the distinction for the season with the most car crashes goes to summer when more car owners hit the road for family vacations. The National Highway Traffic Safety Administration (NHTSA) states August is the busiest month of the year for car accident reports. Motor vehicle collisions happen more times on weekends, with Friday representing the day when the most auto collisions are reported by drivers.

Between 4 pm and 8 pm is when car accidents get reported the most from October to March, and then the time of day changes to between noon and 3 pm during the warmer months of the year. Holiday weekends keep law enforcement agencies busy responding to auto collisions because the volume of traffic increases significantly on days such as Labor, Memorial, and Independence Day.

Car Accidents and Daylight Savings Time

In March, most Americans move their clocks ahead by one hour to account for Daylight Savings Time (DST). Federal lawmakers established DST to provide more light during the early evening hours of each day. According to a study released by Current Biology that analyzed more than 20 years of statistics, the number of auto collisions increases for at least one week after the start of DST. Fatigue caused by the switch to DST is the factor attributed the most to the rise in the number of car accidents during the first or second week of March.

Where Do Most Auto Collisions Occur?

A majority of car accidents happen close to home for several reasons. Distracted driving, whether it is from texting and driving or switching the dial on a car radio, is the most common reason why motorists get involved in vehicle collisions near home. Other factors that contribute to the close-to-home car accident phenomenon include parked cars, rush hour traffic volume, and operating a motor vehicle while under the influence of drugs and/or alcohol. The specific locations where most car accidents occur are in rural areas, as well as in parking lots and high-volume intersections in more urban settings.

Some of the most effective strategies for remaining safe on the road include following speed limit laws, paying attention to the road in front of you, and staying the recommended safe distance from the next closest motor vehicle.

What to Expect When Meeting with Your Personal Injury Lawyer

If you sustained injuries because of an accident, working with an experienced personal injury attorney can help you file a persuasive insurance claim. If the accident involved another party committing one or more acts of negligence, a personal injury lawyer helps you gather and organize the evidence you need to file a convincing civil lawsuit.

Most personal injury attorneys offer free case evaluations to potential clients. Let’s see what you can expect during the free case evaluation.

Expect a Short Meeting

A free case evaluation requires a meeting between you and a car accident lawyer. Expect the first meeting to last around one hour. Subsequent meetings can last much longer than that.

Expect to Answer Several Questions

The lawyer sitting across from you during the first meeting will ask several questions, most of which pertain to the facts of your case. You should be prepared to answer questions that concern what happened before, during, and after the accident. The attorney will want to know your insurance policy information, such as the amount of coverage for an accident. Discussing your physical, mental, physical, and emotional well-being is important because that is one factor in how a personal injury lawyer calculates a value for monetary damages.

Expect to Provide Evidence and Witness Information

You can expect to provide the attorney with physical evidence. The lawyer will not determine whether you should file a civil lawsuit until conducting a thorough investigation. You should provide the personal injury attorney copies of your medical records, as well as photographs of your injuries, property damage, and the accident scene. You can send the evidence you have collected before the case evaluation as well. Another important document for evidence is a copy of the official incident report, whether it is from a business or a law enforcement agency.

The names and contact information of witnesses allow the car accident lawyer to schedule interviews. Witness accounts of an accident should support the evidence you hand over to the personal injury attorney.

Expect an Evaluation

Although the lawyer will conduct an extensive investigation concerning the accident, you can expect a short summary of the pros and cons of your case. For example, if footage from a traffic camera demonstrates the other party failed to yield at an intersection, the attorney has a compelling piece of evidence that strengthens your case. At the end of a short summary of your case, the attorney might agree to work on your case on a contingency fee basis, which means you do not have to pay an upfront legal fee. The car accident lawyer receives compensation when you receive an insurance claim payout and possibly a check from a legal settlement.

Finally, expect to ask questions. You should ask questions that concern the timing of your case, as well as what else the lawyer needs from you before launching an investigation into the accident.

8 Things You Should Do After Getting into a Car Accident

If you become involved in a motor vehicle collision, you have to know what steps to take to address property damage and any injuries you suffered because of the collision. One of the most important things to do is call a car accident lawyer. Working with a car accident attorney can help you recover from the financial losses caused by a motor vehicle collision.

Let’s review the eight things to do after getting into a car accident.

Secure the Accident Scene

Prevent additional accidents by alerting motorists to the crash scene. Keep the flashers on for every vehicle, as well as set up flares if you or another motorist has a set available for use. If possible, move all cars including commercial vehicles off the road to reduce your vulnerability.

Contact Law Enforcement

Contacting the nearest law enforcement agency is important for several reasons. If it is a serious accident, contacting law enforcement activates the emergency response system. The most important reason to contact law enforcement is that an officer responding to the scene of the accident completes an official accident report.

Exchange Information

The police officer responsible for completing the formal accident report obtains contact information for every driver involved in the accident, as well as the statements made by witnesses. However, you should exchange information with other drivers for insurance purposes. Your insurance company will reach out to the insurers representing the other motorists.

Gather and Organize Evidence

Evidence is the most important element of the official police report. Nonetheless, you should take photos of the accident scene, as well as the damage done to your vehicle. Your insurance company wants to review photographs to place a value on property damage. Photos of your injuries can help boost your case if you file a personal injury lawsuit.

Contact Your Insurance Company

The sooner you contact your insurance company, the sooner you can process a claim. Determine whether your policy covers medical expenses in addition to the damage done to your vehicle. You do not want to file a claim at this point. You simply want to let your insurer know that filing a claim is imminent.

Seek Medical Care

Even if you suffered minor injuries, you should eventually schedule an appointment with your healthcare provider. Some injuries, such as concussions, do not develop symptoms until a day or more after a car accident. If you suffered serious injuries, you push this step up to number one of the eight things you should do after getting in a car accident.

Maintain a File

Now is the time to start organizing the documents associated with your case. This step helps prepare you for a meeting with an insurance adjuster, as well as the car accident lawyer you choose to hire.

Schedule a Free Case Evaluation

Scheduling a free case evaluation with a car accident lawyer allows you to get answers to questions and determine whether the attorney sitting across from you is the right one to handle your case. Meet with an attorney before filing a claim to ensure you submit the most convincing evidence.

What to Do If Injured by a Distracted Driver

 Distracted driving is a significant problem across the United States and in the state of Ohio. According to the Ohio State Highway Patrol, there were more than 8,341 distracted driving violations in 2019 alone with 2020 already surpassing the number. It only takes a second for a driver to become distracted and cause a car accident. If you have been injured in a car accident and you feel the driver was distracted, you might be wondering what you can do to prove who was at fault.

Speaking with a car accident attorney as quickly as possible will help you get started in building your case the right way. There are some things that you can do with the help of your car accident or personal injury lawyer to hold a distracted driver accountable for your injuries from the crash. 

1)  Documentation

The first thing to do following a car accident is to seek necessary medical attention. Unless you need medical assistance, you should document the accident. Take pictures of the damage to both vehicles and their positions on the road. Photograph the interior of the other driver’s car that may reveal objects of distraction such as make up, food or a cell phone. 

Exchange name and insurance information with the other driver and also get the information of all passengers. Write down everything that you remember about the moments leading up to the accident. 

2) Recall Suspicious Behavior

If you suspect the other driver involved in your car accident was driving while distracted, try to recall suspicious behavior that you witnessed such as drifting in and out of their lane, irregular speed or sudden stopping. Be sure to write down what you remember to let the police know that you suspect the driver was distracted.

3) Report Evidence to the Police

In Ohio, the police are required to respond to car accidents that involve a fatality, an injury or a certain amount of property damage.  If you witnessed the other driver applying make-up, talking or texting on the phone you should let the police know this when they arrive.  Any comments you make about the other party being distracted should be in the police report. 

How a Car Accident Attorney Will Help with Your Distracted Driving Claim

A car accident attorney can help to investigate your claim of distracted driving and gather evidence. Share any information that you have with your lawyer such as the photos you took at the scene and any documentation that you have. Your car accident lawyer will also request a copy of the police report.

Your accident lawyer may also request cell phone records of the driver at fault. These records will include the date and time of when text messages were sent and received as well as the date and time of incoming and outgoing phone calls. Cell phones are the biggest source of distraction for motorists. Cell phone records will help to prove if the driver was talking or texting in moments leading up to the crash.

If surveillance cameras may have captured the accident your car accident lawyer will obtain and analyze any footage. Video footage from traffic or surveillance cameras may show the driver talking or texting on their phone, applying make-up, eating or any other activity that was a distraction. Your lawyer will know the best way to subpoena cell phone records and video footage.

Schiff & Associates is a top car accident attorney in Ohio, with extensive experience in holding careless drivers accountable.  We pursue the maximum compensation and protect your legal rights. Contact us if you have been injured in a distracted driving accident to speak with an experienced car accident lawyer.

Injured by a Drunk Driver? Ohio DUI Attorney Can Help

 According to the Centers for Disease Control, 3,637 people were killed in car accidents involving a drunk driver on Ohio roads. Approximately one in three traffic fatalities in the United States involves a drunk driver. The rates of alcohol involved fatal crashes and drunk driving has decreased in recent years due to dedicated, combined efforts. Even with raised awareness and drunk driving laws, motorists still get behind the wheel under the influence of alcohol or drugs. 

Drunk Driving Laws in Ohio

In all 50 states and the District of Columbia, it is illegal for noncommercial drivers age 21 and over to be driving with a blood alcohol level of .08 or more.  It is illegal for drivers of commercial vehicles to be driving with a blood alcohol level of .04 or greater. School bus drivers are considered commercial drivers in Ohio.  It is illegal for anyone under the age of 21 to consume alcohol and underage drivers with a blood alcohol level of .02 or more are breaking the law.

Sobriety checkpoints allow police to stop vehicles in visible locations to check for impaired drivers. If the police have a reason to suspect a driver is intoxicated they can administer a breathalyzer test. Some states consider sobriety checkpoints to be unconstitutional, although sobriety checkpoints are allowed in Ohio.

Penalties for Driving Drunk in Ohio

Penalties for a person committing a DWI first offense could face up to six months in jail, pay a fine ranging from $375-$1,075 and face a suspended driver’s license for six months to three years.

Penalties for a second offense DWI within six years of the first conviction include up to six months in jail and a fine ranging from $525-$1,625 and face a suspended drivers license for one to five years. 

A person committing a third DWI offense within six years of the previous convictions will face up to one year in jail, fines ranging from $850-$2,700 and a suspension of driving privileges from two to ten years. 

A fourth DWI offense within six years of previous convictions, one that an offender up to five years in prison, finds up to $10,500 and driving privileges suspended for three years to life. 

Ignition interlocks may be installed on some cars to measure the alcohol level of a driver’s breath. This device will prevent the car from starting if a driver has a blood alcohol content above a specific level, typically .02. Ignition interlocks are considered highly effective at preventing people convicted of DWI from a repeat occurrence.

Even with these drunk driving laws and strategies in place, an average of one person each day is killed in a drunk driving accident in Ohio.  If you have been injured in a drunk driving accident in Ohio, you should speak with an experienced personal injury or car accident attorney with expertise in investigating DUI crashes.

Schiff & Associates understands Ohio’s drunk driving laws and how to investigate DUI and DWI accidents. We collect all evidence including video footage, bar tabs and witness statements to help your case. Contact us if you have been injured by a drunk driver to speak with one of Ohio’s top personal injury and car accident lawyers.

Tips to Improve Your Personal Injury Case

 If you have been injured due to the negligence of another, you may have been offered a settlement by the insurance company of the responsible party. It is important to speak with a personal injury lawyer before talking to an insurance company and especially before accepting a settlement. Your personal injury lawyer may feel that you have a strong case for a larger settlement or may recommend taking your claim to trial. 

You could receive more compensation than a settlement offer by taking your lawsuit to trial although a trial could take longer and is not without risk. Speaking with an experienced personal injury or car accident lawyer is the best way to determine the strength of your personal injury claim. Here are some things that you can do to improve your personal injury case:

1)  Do not say too much after an accident – It is better to not say too much at the scene of an accident until you have had time to calm down and speak with a personal injury lawyer or a car accident attorney if involved in a vehicle accident.  If you say too much at the scene of an accident you could jeopardize your case. 

2)  Get medical attention immediately - do not put off seeing a doctor even when you feel your injuries are minor. Soft tissue injuries can worsen with time and may not be apparent at the time of the accident. Emergency room visits and doctor appointments will help to document your injury following the accident. Make sure you attend all appointments and continue recommended treatments.

3) Keep all medical bills and receipts - be sure to obtain copies of all your medical bills, hospital records and receipts for prescriptions or medical equipment. Keep all of your pay stubs and document any time missed from work due to your injury.

4) Do not speak with the insurance company of the responsible party - do not talk with the insurance company of the responsible party without the advice of your personal injury lawyer. Be aware that it is the job of the other party’s insurance adjuster to reduce or deny a settlement altogether and they will be looking for you to say something that could hurt your case.

5) Use caution when posting on social media - social media accounts can provide insurance adjusters with a wealth of information to use against you in your personal injury claim.  Posting photos of doing things that contradict your injury claim can seriously damage your case.

Schiff & Associates has been providing trusted legal representation for personal injury claims in Ohio for more than 35 years. We offer the combined skills of a powerful legal team and attorneys experienced in litigating catastrophic injury claims and wrongful death. Contact us to speak with a top personal injury lawyer in Ohio.