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What Evidence Is Needed for a Traumatic Brain Injury Lawsuit in Ohio?

Traumatic Brain Injury Lawsuit in Ohio
Succeeding with a traumatic brain injury lawsuit (TBI) in Ohio requires presenting two types of evidence. The first type establishes the direct link between someone else’s negligence or recklessness and the traumatic brain injury. The second establishes the extent and compensability of the Ohio traumatic brain injury. “Compensability” is lawyer-speak for “deserving compensation.” Compensation for a TBI can include past and future medical care costs, disability, lost income, pain and suffering, and non economic losses like being unable to care for children and fulfill the duties of a spouse.

Examples of Negligence in Traumatic Brain Injury

Each case requires its own specific evidence, but providing general examples is possible. For instance, a driver who causes a car crash that leaves a person in another vehicle suffering from a TBI would be negligent or reckless. Similarly, a patient who suffers a loss of oxygen during a surgery could possible be due to an anesthesiologist’s negligence. Importantly, Ohio courts recognize the legal principle of comparative negligence. This means that, in order to succeed with an insurance claim or civil lawsuit, a TBI victim only needs to prove that the defendant bears 51 percent or more of the responsibility for inflicting the brain injury. Compensation may be reduced to reflect the amount of responsibility shared by the victim.

Showing That a Negligent or Reckless Act Inflicted a Traumatic Brain Injury

The evidence that a person suffered a TBI can be very clear-cut. For instance, almost no one will doubt that a fall or a crash caused by a truck driver that results in a fractured skull could seriously injure a person’s brain. Likewise, a person who becomes paralyzed or requires assistance with activities of daily living—getting in and out of bed, brushing one’s teeth, dressing—should encounter minimal push back when claiming to suffer from a traumatic brain injury. However, closed head injuries can draw questions from insurance company representatives and jurors. In a case where legitimate doubts about the existence of a traumatic brain injury can be raised, the person who files an insurance claim or traumatic brain injury lawsuit can rely on:
  • Diagnoses from doctors and medical specialists like neurologists;
  • Assessments by occupational therapists and vocational experts;
  • Examinations by psychologists and psychiatrists; and
  • Testimony from friends, family members, and co-workers.
Statements made by the people who know the traumatic brain injury victim best will carry a lot of weight. The changes a person undergoes following a traumatic brain injury can be profound even if they are not immediately apparent.

Traumatic brain injury symptoms can include, but are not limited to:

  • Headaches;
  • Tingling and numbness in different parts of the body;
  • Mood swings that run the gamut from deep depressions to uncontrollable rages;
  • Difficulties forming and retaining new memories;
  • Problems understanding and communicating ideas; and
  • Trouble remembering to take care of oneself by, for instance, eating and bathing.
Loved ones and close companions can speak powerfully about these often hidden TBI symptoms that also take a toll on them.

Assistance From an Ohio Traumatic Brain Injury Attorney

Our experience in advising and representing traumatic brain injury victims in Columbus and across the state of Ohio is that insurance companies will try to minimize or deny settlements for even the most obvious brain injuries. This unfortunate reality makes gathering, organizing, and presenting clear, convincing evidence from experts and the individuals who live and work with the brain injury victim doubly important. If you or your family needs help with a traumatic brain injury lawsuit case, let our Columbus traumatic brain injury lawyers know how we can be of service. We offer free consultations on all types of personal injury claims, and we take appointments online. You can also speak with an attorney at Barkan Meizlish DeRose Cox, LLP, by calling (614) 221-4221.
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What To Do After a Trucking Accident in Columbus, OH

After a trucking accident, it is normal to feel overwhelmed, shaken, or unsure of what to do next. Large truck crashes often involve serious injuries, commercial insurance companies, trucking company representatives, and evidence that can disappear quickly. Taking the right steps early can help protect your health, your claim, and your ability to pursue compensation. If you were hurt in a truck crash in Columbus, OH, call Barkan Meizlish DeRose Cox, LLP at 740-204-2125 or visit our contact us page to speak with our team. You can also learn more about how we handle these cases on our trucking accidents page. more Essential First Steps After a Trucking Accident in Columbus, OH Get to Safety and Call 911 Your first priority after a trucking accident is safety. Move out of traffic if you can do so without causing more harm. If your vehicle is drivable, move it to a safe location and turn on your hazard lights. Call 911 immediately, especially if anyone appears injured or if the crash involves a commercial truck. Even if you feel fine, get medical care as soon as possible. Truck accident injuries such as concussions, whiplash, back injuries, internal injuries, and soft tissue damage may not show symptoms right away. A medical evaluation also creates important documentation that may help connect your injuries to the crash. After you receive medical attention, call 740-204-2125 or reach out through our contact us page so Barkan Meizlish DeRose Cox, LLP can explain your next steps. Talk to the Police and Request a Report Law enforcement should come to the scene and create an official accident report. Cooperate with the officers and answer their questions honestly, but avoid guessing about what happened or admitting fault. Stick to the facts you know. Before you leave the scene, ask for the police report number. Once the report becomes available, request a copy and keep it with your records. This report may become an important part of your claim, especially when dealing with trucking companies and insurance carriers. If you are unsure how to get the report or what to do with it, contact our Columbus truck accident team at 740-204-2125 or use our contact us page. Gather Evidence at the Scene If you are physically able, collect as much evidence as you can while waiting for help. Use your phone to take photos and videos of: Vehicle damage The truck and trailer License plates Company names or DOT numbers on the truck Skid marks or debris Traffic signals and road conditions Visible injuries Weather and lighting conditions The overall crash scene You should also exchange basic information with the truck driver, including their name, license information, insurance details, employer, and trucking company information. If witnesses saw the crash, ask for their names and contact information. Commercial trucking accident claims can involve driver logs, maintenance records, inspection reports, black box data, and company safety records. These details are not always easy to obtain without legal help. Our trucking accidents page explains more about these cases and why early action matters. Avoid Speaking With the Trucking Company’s Insurance Carrier Alone After a truck accident, you may hear from an insurance adjuster quickly. Be careful. The trucking company’s insurer may ask for a recorded statement, push you to settle early, or look for ways to shift blame. You do not have to handle those conversations alone. Before speaking in detail with an insurance company, call Barkan Meizlish DeRose Cox, LLP at 740-204-2125 or submit a message through our contact us page. A lawyer can step in to protect your rights, preserve key evidence, and deal directly with the insurance companies on your behalf. Call a Columbus Trucking Accident Attorney Trucking accident cases are often more complex than regular car accident claims. A crash may involve the truck driver, trucking company, maintenance provider, cargo loading company, parts manufacturer, or multiple insurance policies. An attorney who handles commercial vehicle accidents can investigate the cause of the crash and pursue the compensation you deserve. At Barkan Meizlish DeRose Cox, LLP, we have stood beside injured Ohioans for more than 65 years and bring more than 166 years of combined experience to the people we represent. We understand how trucking companies and insurers work to limit responsibility, and we know how to build strong claims for injured clients. If you or someone you love was hurt in a trucking accident in Columbus, OH, call 740-204-2125 today or visit our contact us page. You can also review our trucking accidents page to learn more about how we help truck crash victims. You do not have to face this process alone. Contact Barkan Meizlish DeRose Cox, LLP today. We also have an office in Pittsburgh, PA, and we only take a fee if we win for you. Disclaimer: This article is for informational purposes only and does not constitute legal advice. Reading this content does not create an attorney-client relationship.

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5 Mistakes People Make After A Car Accident

The immediate aftermath of a car accident is a bewildering time for anyone. You’re dealing with a lot of emotions - often some combination of shock, fear, anger, pain, and confusion. In a state like that, it’s no surprise that you might not handle those few minutes perfectly, especially if you don’t know what you should be doing. But as experienced personal injury lawyers in Ohio, Barkan Meizlish DeRose Cox, LLP have gone through a number of car accident cases, and we have a good sense of what may help - and what doesn’t - after a car accident. Hopefully, you never need these tips, but if you ever do, we hope you find it helpful to avoid these five common mistakes people make after a car accident. 1. Not Calling the Police Legally, the police should be called out to nearly any car accident, regardless of whether you think you’ll be calling a car accident attorney in Ohio to file a claim or not. The police will record what happened at the accident, which will include your testimony and that of the other driver (assuming there is one), and other relevant evidence at the scene. This evidence isn’t just for you to use in a claim if you choose to hire a car accident attorney in Ohio. Having this information on record also protects you from potential false claims the other driver and their car accident attorney may raise against you later. Having the police record to dispute such claims is a powerful tool, and is just the legally appropriate thing to do. 2. Admitting Guilt For the Accident Any car accident lawyer will tell you that one of the most important aspects of a car accident personal injury case is establishing liability and fault. So, if you get out of your car and say something like, “I’m sorry, it’s my fault,” or “I didn’t see you there,” you’re potentially shifting the blame onto yourself. Even if hiring a car accident attorney in Ohio isn’t in your plans, even casually admitting fault for the accident may signal to the other driver that they could hire a car accident attorney against you, and win. 3. Not Getting Medical Attention Much in the same way calling the police to the site of an accident is a great way to make sure there is an accurate record of the event, making sure you see a doctor is the best way to get ahead of any health problems that may arise from your accident. Often, people in car accidents think they feel fine, but once the adrenaline wears off, injury symptoms can start to show themselves. If you wait too long after an accident to be examined for these conditions, it can be difficult for a personal injury attorney to link those conditions or injuries to the accident itself. The personal injury lawyers at Barkan Meizlish DeRose Cox, LLP must be able to prove the accident proximately caused your injuries. Therefore, timely treatment is very important if you are injured. 4. Posting On Social Media Generally speaking, you’re going to want to offer as little information as possible on your social media channels about the accident. You should offer accurate information to the police, but only as much as they ask for. Oversharing information about your accident is a great way to have that information turned around on you in a court of law. Your Facebook posts about the cause of the accident, your injuries, or even your activities after the accident, can all be detrimental to a case if you’re looking to hire a personal injury attorney to file a claim. 5. Not Hiring a Personal Injury Attorney for your Car Accident There are a lot of things a car accident attorney can help you with in the immediate aftermath of a car accident. There are insurance forms and claims to fill out, medical considerations, and communication with the at-fault party. In most cases, the above will consume your time, attempt to gain an advantage over you, and possibly ignore your rights. At Barkan Meizlish DeRose Cox, LLP, our personal injury attorneys won’t let anyone trample on your rights when you’re at your most vulnerable. Contact us at 614-221-4221 if you or a loved one has been in a car accident, and let us help you heal and get back to normal.

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When to Contact a Columbus Personal Injury Lawyer

The decision to talk to a Columbus personal injury attorney is never one made lightly. After an accident or injury, most people consider the possibility of contacting a personal injury lawyer at least once or twice. Sadly, many will talk themselves out of the process before they even start, thinking that they don’t have a good case, or it’s too much hassle. We’re here to tell you not to ignore your rights. At Barkan Meizlish DeRose Cox, LLP, our role is to help you navigate a post-injury process that is often stressful, confusing, and all-important. Here’s why you shouldn’t delay in contacting a Columbus personal injury attorney. Contacting a Columbus Personal Injury Attorney is Free and No-Risk You likely hear the words “ free consultation” thrown around so often it ends up just sounding like noise. So let’s talk about what that actually means. If you’ve been in an accident that wasn’t your fault, there’s a decent chance that you are at least considering the possibility of talking to a Columbus personal injury attorney, but aren’t sure if it’s the right move. You might be asking yourself questions like: “Will I be able to afford it?” “Can they actually help me in my situation?” “Is this going to be more trouble than it’s worth?” “Do I even have a case?” You don’t have to ponder these questions yourself. These are all very natural, normal questions to ask, and you deserve answers to them. A free consultation is where you can get those answers. You don’t have to stress about them on your own - an experienced personal injury attorney will listen to your situation, learn of the factual circumstances, and help lay out what your options are for the next steps. That may consist of retaining our personal injury lawyers to fight for you, and it may not. We will be upfront about your standing, and what your options are. If we are not the right choice to help you, we will point you toward resources that can. If we are the right choice to help you, then we will. The choice is ultimately yours, and we want to empower you to make the one that’s right for you. In either case, the free consultation is an opportunity for you to arm yourself with information about your options and make the best decision. The Earlier You Contact a Columbus Personal Injury Attorney, the Better If you’ve recently been in a car accident, truck accident, slip-and-fall accident, bicycle or pedestrian accident, or been otherwise injured by negligence from another person or people, the best time to contact a Columbus personal injury attorney is “right now.” That’s because our job as personal injury lawyers isn’t only to help you recover damages and compensation. We also help you deal with uncooperative insurance companies and sort out confusing and often predatory paperwork. One of our most important jobs is to make a difficult time in your life easier, alleviating your stress and letting you focus on healing. The earlier you contact a Columbus personal injury attorney, the sooner we can aid you during your recovery. If you have been injured by another’s negligence, you are being wrongfully blamed for an accident that wasn’t your fault, or you’re dealing with an insurance company that won’t cover your claim, contact the personal injury lawyers at Barkan Meizlish DeRose Cox, LLP as soon as you can so we can get on your side and start fighting for you.