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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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Car accidents attorney

What Should You Do After an Accident in Ohio?

A car accident can change your life in just a few seconds. One moment you are driving to work, running errands, or spending time with family. The next, you may be dealing with injuries, medical bills, vehicle damage, lost income, and questions about what happens next. If you were injured in an accident caused by someone else, you may be wondering: What should I do after a car accident in Ohio? Should I talk to the insurance company? Do I need an Ohio personal injury lawyer? How can I recover compensation for my injuries? Taking the right steps after an accident can help protect your health, your legal rights, and your ability to pursue compensation. At Barkan Meizlish DeRose Cox, LLP, our attorneys help injured Ohio residents understand their options after serious accidents. If you or a loved one has been injured, contact our team today by calling 740-204-2125 or completing our contact form. What To Do After a Car Accident in Ohio The moments after an accident can feel overwhelming. You may be injured, confused, and unsure about what steps to take. Following these important steps can help protect your personal injury claim. 1. Check for Injuries and Call 911 Your first priority after an accident should always be safety. Check yourself and others involved for injuries. If anyone is hurt, call 911 immediately so emergency responders can provide medical care and law enforcement can document the accident. Some injuries may not appear immediately after a crash. Common delayed accident injuries include: Neck and back injuries Whiplash Concussions Soft tissue injuries Internal injuries Even if you think your injuries are minor, seeking medical attention can help protect your health and create important medical documentation. 2. Report the Accident to Police A police report can become important evidence after an Ohio car accident. When speaking with law enforcement: Provide accurate information Explain any injuries you have experienced Avoid guessing about fault Do not admit responsibility at the accident scene The police report may include important details about the crash, including statements from drivers and witnesses, road conditions, and observations from officers. 3. Gather Evidence From the Accident Scene If you are physically able, collect as much information as possible. Evidence that may help your Ohio accident claim includes: Photos of vehicle damage Pictures of injuries Road conditions Traffic signs and signals Weather conditions Contact information from witnesses Insurance information from other drivers The evidence collected immediately after an accident can become critical when determining who was responsible. 4. Get Medical Treatment as Soon as Possible One of the most important things you can do after an accident is seek medical care. Some accident victims delay treatment because they believe their injuries will improve. However, waiting too long can make it more difficult to connect your injuries to the crash. Medical records can help document: Your diagnosis Your treatment plan Medical expenses Physical limitations The impact the accident has had on your daily life Following your doctor's recommendations is also important for your recovery. 5. Notify Your Insurance Company Carefully After an accident, you will likely need to notify your insurance company. Depending on the circumstances and available policies, uninsured/underinsured motorist coverage through your own insurance policy may provide another potential source of recovery. However, you should be cautious when discussing your injuries and the details of the accident with any insurance carrier. Insurance companies may ask questions about: How the accident happened Whether you were injured Your medical treatment Your ability to work Before providing detailed statements or accepting a settlement offer from the at-fault insurance carrier or your own, consider speaking with an Ohio personal injury lawyer. Insurance companies often focus on resolving claims quickly. However, an early settlement may not account for future medical treatment, lost income, or the full impact of your injuries. 6. Contact an Ohio Personal Injury Lawyer Many accident victims ask: "Do I need a lawyer after a car accident in Ohio?" The answer depends on your situation. Speaking with an attorney may be helpful if: You suffered injuries Your medical bills are increasing You missed work because of the accident The insurance company denied your claim The other driver disputes fault Your injuries may affect your future A personal injury lawyer can help investigate the accident, communicate with insurance companies, collect evidence, and explain your legal options. Barkan Meizlish DeRose Cox, LLP represents individuals injured in vehicle accidents and serious injury cases throughout Ohio. Learn more about our vehicle accident attorneys and our serious injury and personal injury services. What Mistakes Should You Avoid After an Ohio Accident? Many accident victims unintentionally damage their claims by making mistakes early in the process. Do Not Admit Fault Avoid statements such as: "I should have been paying more attention." "I'm sorry, this was my fault." Even casual statements can potentially be misunderstood. Do Not Post About Your Accident on Social Media Insurance companies may review social media activity when evaluating claims. Avoid posting: Accident details Photos of injuries Updates about your recovery Do Not Accept a Settlement Without Understanding Your Rights Insurance companies may offer quick settlements shortly after an accident. Before accepting an offer, understand whether it covers: Current medical bills Future treatment Lost wages Pain and suffering Long-term effects of your injuries What Compensation Can You Recover After an Accident in Ohio? If another person caused your accident, you may be entitled to compensation for damages such as: Medical expenses Future medical treatment Lost wages Reduced earning ability Property damage Physical pain Emotional suffering Permanent injuries Every accident is different. The value of your claim depends on the specific facts, including the severity of your injuries and how the accident affected your life. Why Choose Barkan Meizlish DeRose Cox, LLP After an Accident? After an accident, you need a legal team that understands how stressful the process can be. Barkan Meizlish DeRose Cox, LLP helps injured individuals by: Investigating accident claims Reviewing evidence Communicating with insurance companies Explaining legal options Helping clients pursue compensation The firm has represented personal injury clients for decades and focuses on helping injured individuals protect their rights. If you were injured in an Ohio accident, call 740-204-2125 or complete the Barkan Meizlish DeRose Cox, LLP contact form today. Frequently Asked Questions About Accidents in Ohio What should I do immediately after a car accident in Ohio? After a car accident in Ohio, call 911 if needed, seek medical attention, document the accident scene, exchange information with other drivers, and report the crash. You should also consider speaking with a personal injury lawyer before accepting an insurance settlement. How long do I have to file a personal injury claim in Ohio? Ohio law limits the amount of time you have to file certain personal injury claims. The deadline depends on the circumstances of your case, but generally in Ohio the limitations period for an action for bodily injury is two years from the date of the accident/collision. Contacting an attorney early can help protect your rights. Should I talk to the other driver's insurance company after an accident? You may need to communicate with insurance companies after an accident, but you should be careful when discussing your injuries or accepting settlement offers. A lawyer can help you understand your options before making important decisions. What happens if the other driver caused my accident in Ohio? If another driver caused your accident, you may be able to pursue compensation for your injuries, medical expenses, lost wages, and other damages. A personal injury attorney can help determine your available options. How much is my Ohio car accident claim worth? The value of a car accident claim depends on factors such as injury severity, medical expenses, lost income, insurance coverage, and how the accident impacts your life. Do I need an attorney after a minor car accident in Ohio? Not every minor accident requires legal representation. However, if you have injuries, medical bills, disputes about fault, or concerns about an insurance settlement, speaking with an attorney can help you understand your rights. How much does a personal injury lawyer near me cost in Ohio? Many personal injury attorneys, including Barkan Meizlish DeRose Cox, LLP, handle cases on a contingency fee basis, meaning clients generally do not pay attorney fees unless compensation is recovered. Contact Barkan Meizlish DeRose Cox, LLP After an Ohio Accident If you were injured in a car crash or another type of accident at no fault of your own, you do not have to navigate the insurance process alone. The attorneys at Barkan Meizlish DeRose Cox, LLP can help you understand your rights and determine the next steps. Call 740-204-2125 today or visit our Contact Us page to schedule a consultation. Disclaimer: This article is provided for general informational purposes only and does not constitute legal advice and should not be construed as legal advice. Every case is different, and the information provided may not apply to your particular facts or circumstances. If you have questions about a potential legal matter, contact Barkan Meizlish DeRose Cox, LLP for an individualized review of your situation.

Car accidents attorney

How Much Compensation Can You Get for a Car Accident?

After a car accident here in Columbus, OH, you likely have medical bills and other expenses piling up, and it's natural to wonder how much you might actually be able to get from a car accident personal injury claim. The answer depends on your losses, degree of fault, the insurance available to pay them, and the skill of your attorney. Car Accident Personal Injury Compensation Factors in Columbus, OH What you can collect is the proven value of what you've lost, reduced by your share of blame, and limited by the insurance policy limit. Let's consider these factors. What You've Lost You can recover economic losses and noneconomic losses. Economic Losses Economic loss covers money you spent or will spend because of the accident, like your hospital bills, household help you've had to hire, and wages or benefits you lost while you could not work. There's no ceiling on that category: if you've got the proof, you should be paid for all of it. Property damage also counts here. Noneconomic Losses Noneconomic losses are to recompense you for the pain and mental anguish of your accident, and state law caps those awards at the greater of $250,000 or three times your economic loss, with a hard ceiling of $350,000 for each plaintiff and $500,000 per incident. The cap doesn't apply if your injuries meet the statute's definition of a catastrophic injury, however, which would include: Permanent and substantial physical deformity Loss of use of a limb Loss of a bodily organ system Permanent functional injury that keeps you from caring for yourself and performing life-sustaining tasks Your Fault Ohio uses modified comparative negligence, which means you can bring a claim if your share of blame for the accident isn't greater than the combined fault of those from whom you're seeking payment. Your award is then cut by your percentage of fault. If a jury finds you 20% responsible for a $100,000 loss, for example, you would receive $80,000. Insurance Policy Limit This is often a bigger factor than any caps the state puts on these claims. Ohio requires drivers to carry bodily-injury liability of $25,000 per person and $50,000 per crash, plus $25,000 for property damage. A week spent in intensive care can consume the per-person limit easily. When the at-fault driver's policy is exhausted, you would look next to your own uninsured or underinsured motorist coverage if you bought it. In some cases, you may be able to bring a claim against the other driver, but it will only be worth doing if they have something you can take. Ohio protects a person's primary residence and its equity (unless the driver didn't have insurance at all), one car, and some of the driver's personal cash, household goods, jewelry, tools and professional books, and some other items. Your lawyer can advise you when it's worth bringing a suit against the driver directly. If you've been in an accident, call us at Barkan Meizlish DeRose Cox, LLP for a free consultation and advice about what your claim can potentially recover.

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.