Frequently Asked Questions
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What To Know About Car Accidents
If you were badly injured in a car accident, you probably are wondering what your rights are regarding compensation for your hospital bills, lost wages, pain and suffering, and other damages.
Fortunately, we can help you. The following is an overview of the most common questions we receive at Lamkin, Van Eman, Trimble & Dougherty, LLC. If you have more questions after reading, we encourage you to contact us and schedule a free consultation.
You might feel confused after a car crash. However, there are some steps you should follow:
- Seek medical attention immediately, even if you do not see any injuries.
- Contact the police to have them file a report.
- Get the contact information of the other driver and any witnesses.
- Take photos of the accident scene.
- Contact an attorney who can work with insurers for you.
If you can follow these steps, your personal injury claim may go much more smoothly.
It’s not unusual for car crash victims to need extensive medical care such as surgery, regular doctor’s visits and physical rehabilitation. Meanwhile, you could be forced to stop working for a long period of time, costing you a great deal of income. You can get compensation for costs like these. In addition, you may be able to recoup compensation for less easily calculated damages such as the pain and suffering you have experienced since the crash.
Maybe. Ohio law states that a personal injury plaintiff can be up to 50% responsible for the accident and still be entitled to damages at trial. However, if the jury determines the plaintiff was responsible by a certain percentage, it must deduct that percentage from its verdict. For example, if a jury finds that the defendant was 75% liable and the plaintiff was 25% liable and that the plaintiff suffered $1,000,000 in damages, the plaintiff would receive $750,000.
The vast majority of personal injury lawsuits settle out of court, so a trial is unlikely. At the same time, when negotiations do not yield fair compensation, a trial can be necessary. If there’s a trial, your attorney will help you prepare for court.
You have no obligation to say anything to them. Let your lawyer handle communications with the insurance adjuster and the insurance company’s attorneys.
Learn About Commercial Trucking Accidents
Were you injured in a collision with a semi truck? You likely suffered severe injuries that deserve financial compensation. If you have never filed a personal injury lawsuit before, you may have a lot of questions before you are ready to proceed.
At Lamkin, Van Eman, Trimble & Dougherty, LLC, we help truck accident victims pursue compensation from negligent truck drivers, their employers, their insurance companies and truck manufacturers. Our attorneys know every detail about how truck accident litigation in Ohio works. Here are a few of the most frequently asked questions we receive from our clients.
Truck accidents often have several contributing factors. Some of these include:
- Pressure on truck drivers to make their deliveries
- Unrealistic deadlines
- Driving without sufficient rest
- Driving impaired by drugs
- Dangerous road conditions
- Insufficient training
- Reckless driving
- Failure to maintain the truck
No matter the source of a commercial truck crash, the injuries they cause can prove devastating to the passengers of smaller cars.
Truck accidents frequently involve more than one party that may have liability. For instance, truck manufacturers, cargo loaders and maintenance companies. All these parties’ insurance companies may owe you compensation.
When a negligent truck driver causes a fatal wreck, the victim’s estate and their surviving spouse, children and parents may seek compensation. The estate may seek compensation for things like the victim’s pain and suffering, lost future wages, medical bills and funeral costs. Meanwhile, surviving family members can seek compensation for the loss of companionship and support of the deceased.
Trucking companies have vast resources to fight lawsuits. No matter how strong your case is, you cannot fight the company and its lawyers alone. With a lawyer on your side, you can even the playing field.
We recommend contacting a lawyer as soon as possible if you or a family member experiences a crash. If you cannot make the call yourself, a relative should do it for you. One of our team members will be ready to assist you.
Answering Your Medical Malpractice Questions
If you believe you or a loved one was the victim of a careless or incompetent health care professional, it’s likely you have questions. The field of medical malpractice is incredibly complex. It can feel overwhelming to navigate, particularly if you are also coping with an injury caused by negligent care.
The Ohio-based firm of Lamkin, Van Eman, Trimble & Dougherty, LLC, is pleased to give you the answers to some of the most frequently asked questions regarding medical malpractice. If you do not see the answers that you need, please feel welcome to contact us and speak with a staff member.
Doctors, nurses and other medical professionals owe their patients a legal duty to provide care that is within recognized standards. If your provider’s care falls below the standard and you were injured as a result of their medical negligence, you could be entitled to compensation for the resulting damages such as further medical care, lost wages, and pain and suffering.
There is a wide variety of medical malpractice incidents. Some common examples include:
- Operating on the wrong body part
- Waiting too long to order a cesarean section
- Injuring an infant, fetus or pregnant woman
- Failing to order a necessary test
- Prescribing the wrong medication
- Misdiagnosing an ailment
- Delayed diagnosis
- Failure to diagnose
- Negligently performed surgery
Any one of these actions can cause lifelong damage to your physical and emotional health.
Medical malpractice victims can seek compensation for the medical care they need to undo the damage the negligent doctor caused. They can also pursue damages for:
- Lost past and future wages tied to their injuries
- Pain and suffering
- Loss of enjoyment of life
- Loss of companionship
These are only a few examples. Every case is different and may involve different damages.
Though personal injury lawsuits tend to settle out of court, medical malpractice cases are more likely to go to trial. These cases often involve death and more severe injuries, and thus higher damage claims. Doctors and hospitals (and their insurance companies) may choose to gamble on a trial verdict rather than agree to a reasonable settlement.
You stand a much better chance of recovering maximum compensation when you work with an attorney than you do on your own. Insurance companies and health care entities are backed by powerful lawyers. They do not want to pay the full amount owed to you. With an attorney like the ones at Lamkin, Van Eman, Trimble & Dougherty, you stand a fighting chance against these powerful corporations.
Malpractice cases have strict time deadlines so it is important to contact a lawyer as soon as possible to discuss a potential case.