After a major accident, injured victims often face a long road to recovery. If you were severely injured due to the reckless or careless actions of another party, you have likely been left trying to put the pieces back together. You may be dealing with medical bills that are starting to pile up and paychecks that have been lost. On top of it all, injured victims must also endure physical pain and emotional distress.
At Groth & Associates, Toledo, OH personal injury attorneys fight tirelessly to get justice. We know how to hold negligent defendants and insurers accountable. If you or your family member was severely injured in an accident in Northwest Ohio or Southern Michigan, you need a strong, aggressive attorney on your side. To set up a free, no obligation case evaluation, please call our Toledo law office right away.
WE HANDLE THE FULL RANGE OF PERSONAL INJURY CLAIMS
Personal injury claims come in a wide variety of different forms. Our law firm handles the complete range of injury & accident cases. No matter the nature, cause, or severity of your injuries, we are prepared to take action to protect your legal rights and financial interests. Some of the most notable examples of personal injury claims that we frequently handle in Northwest Ohio include:
- Car Accidents: Motor vehicle accidents are among the leading cause of serious injuries in Ohio. According to the Ohio State Highway Patrol (OSHP), approximately 19,000 people were injured in traffic collisions each year in 2017. If you or your loved one was hurt in a wreck in Ohio, our experienced Toledo car accident lawyer can guide you through the claims process.
- Trucking Accidents: Large commercial trucking companies have a duty to operate their eighteen wheelers in a safe manner. Unfortunately, truck accidents remain a major problem. In too many cases, trucking companies cut corners on safety — putting their profits before people. If you were injured in a commercial truck accident, our Toledo trucking accident attorney will help you get justice.
- Motorcycle Collisions: Motorcyclists are inherently exposed to the elements. Should a crash occur, a biker is at high risk of suffering severe, possibly catastrophic injuries. If you were hurt in a motorcycle accident in Toledo, OH, you need an experienced legal advocate on your side. Our law firm has the skills and tenacity needed to handle motorcycle accident claims.
- Dog Bite Injuries: Dog owners have a legal duty to protect the public from danger posed by their animal. If a dog bites an innocent victim, their owner may be held liable through a dog bite injury claim. Under Ohio law, these are strict liability cases. Though, dog owners or their insurance company may try to raise certain legal defense.
- Workers’ Compensation Claims: All employees deserve safe and fair working conditions. If you or your family member was hurt while on the job, no-fault workers’ compensation benefits are available. Unfortunately, in practice, recovering workers’ compensation benefits is sometimes a struggle. If your work injury claim was denied in Toledo, our Ohio workers’ compensation attorney can help.
- Medical Malpractice Lawsuits: Through a medical malpractice claim in Ohio, negligent physicians, hospitals, and other healthcare providers can be held liable for injuries and physical harm suffered by patients. At Groth & Associates, our Toledo medical malpractice lawyers handle all types of medical negligence claims — from doctor misdiagnosis to surgical mistakes.
- Wrongful Death Claims: If your family member was killed as a result of the negligence of another party, you can bring a wrongful death lawsuit against the responsible defendant. While our Toledo, OH wrongful death attorneys know that no amount of compensation will ever account for such a horrific, heartbreaking loss, we also know that you and your loved ones need justice, accountability, and financial support.
If you are seeking legal guidance Groth & Associates has the experience you need.
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WHAT ARE THE MOST COMMON TYPES OF PERSONAL INJURIES?
The latest statistics from the Centers for Disease Control and Prevention (CDC) indicate that accidental, unintentional injuries are an unfortunately common occurrence, and are listed as the fourth leading cause of death in the United States. Over 30 million people visit hospital emergency rooms each year on account of personal injuries, and common types of personal injuries include the following:
- Head and Brain Injuries: According to the CDC, head and brain injuries are one of the most common and potentially debilitating types of personal injury. Occurring as the result of a bump, blow, or jolt to the head, even a minor head injury can be severe and even life threatening.
- Back and Neck Injuries: Another common type of personal injury, back and neck injuries can result in debilitating pain, long term disabilities, and the need for surgery as well as physical therapy in order to recover.
- Bone Fractures: Broken bones take a variety of forms, encompassing everything from hairline fracture to complete breaks. They may require the use of a cast, as well as repeated surgeries to repair the damage.
- Muscle Strains, Sprains, and Tears: Soft tissue injuries are another common and potentially disabling type of personal injury, often requiring lengthy recuperation times, while preventing you from engaging in your usual activities.
- Cuts and Lacerations: While a cut may seem minor, it can open the door for dangerous infections that could impact your overall health, while more serious lacerations could impair movement and result in the complete loss of use in a limb or body part.
Even minor accidents can result in serious injuries that have the potential to impact your overall health and quality of life. Anytime you are injured, it is important to get medical care immediately, as even major injuries can have symptoms that take days or even weeks to appear.
TOLEDO PERSONAL INJURY FAQ’S
You should also realize that failure to treat an injury can cost you money. The law requires that injury victims mitigate their damages. So if you fail to obtain treatment, or you fail to follow your doctor’s advice, you might not receive full compensation for your injuries.
While personal injuries are often referred to as accidents, they are often the result of another person’s reckless or negligent conduct. Common causes of personal injuries include:
- Being struck by or against an object, such as unsecured shelving or loose fixtures;
- Cuts and lacerations caused by sharp objects and surfaces;
- Accidental poisonings, caused by unsanitary conditions or improperly stored food; and
- Dog bites and attacks due to reckless dog owners.
Other common causes of personal injuries include pedestrian and bicycling accidents, injuries caused by defective products, and injuries that occur as the result of nursing home abuse or neglect and medical mistakes and negligence.
Your choice of attorney is vital to bringing a successful claim for compensation. For this reason, Groth & Associates offers a free consultation to every client, which helps them get to know us a little better.
At the consultation, you can explain the details of your case—what happened, when, and how you were injured. We can then give you a preliminary estimate of whether we think you have a valid case. If we need more information, we will identify what additional evidence we need to properly analyze your case.
The consultation is also an ideal time for you to ask question. You are free to ask about anything that you want, though it is probably best not to ask a question if you can get an answer here on the website (such as what law school we attended). Many of our clients want to know:
- Our fee schedule, including how we bill and how much we charge.
- Who will work on the case if we are hired.
- Our communication style. How long it takes us to respond to messages and who will call our client back.
- How many cases we have handled that are similar to this one.
After meeting with us, you are absolutely free to meet with other Toledo lawyers for a consultation, or you can go ahead and formalize an attorney-client relationship with us. It is best to get started as soon as possible, though you definitely want to hire a lawyer you feel completely comfortable with.
Simply put, there really is no “average.” Each client’s case is very different, so it is hard to say that you will receive the same amount of compensation as another client of ours. When you meet with us for a free consultation, we can review your case to get a general sense of how much money you are looking at.
Among the factors we consider are:
- The amount of your economic losses, like medical bills and lost wages
- The severity of your injuries
- How your injuries have impacted your life, including your relationship with family
We also need to consider whether your own negligence possibly contributed to your injuries. For example, imagine that you were T-boned in an intersection by another motorist who ran a red light. However, evidence also suggests that the light was red when you entered the intersection as well.
In this situation, both you and the other driver were negligent, and your negligence contributed to your injuries. If a jury finds that your injuries are worth $60,000 but that you were 50% responsible, then you can only receive half of that amount, or $30,000. For this reason, we closely question people about their accidents in the moments before a collision.
Yes. As a practical matter, you can probably only receive in compensation an amount up to the defendant’s insurance policy. If you were injured in a car accident, for example, then you will probably be unable to receive more than the maximum amount of the policy.
Of course, some defendants have deeper pockets, so more money might be available. If a business is responsible for injuring you, for example, then they might have a very large insurance policy.
Nevertheless, Ohio has set certain caps on the amount of compensation personal injury victims can receive. These are called “damage caps,” and you can find the relevant law at O.R.C. 2315.18. In sum, the following rules apply:
- There is no limit to the amount of compensation you can receive for economic losses like lost wages or medical care.
- Your non-economic losses for things like pain and suffering are limited to the greater of $250,000 or an amount that is 300% your economic loss. For example, if your economic losses total $50,000, then you can only receive a maximum of $250,000 in non-economic damages. However, if your economic losses were $100,000, then you can receive a maximum of $300,000 in non-economic damages. There is a ceiling of $350,000 for these damages.
- There is an exception to the limitation for pain and suffering and other noneconomic loss for damages that compensate for permanent deformity or disability.
Compensation is difficult to analyze in the abstract, so be sure to meet with an experienced personal injury attorney in Toledo as soon as possible.
Most of our clients are injured because someone else was careless. For example, a driver failed to check his rearview mirror before backing out of a parking spot or a business owner failed to properly clean up spilled liquids in a grocery store aisle, leading to a fall.
However, some people are injured intentionally. Think of a baseball bat to the head, or someone deliberately ramming another motorist. Because this conduct is more reprehensible than simple carelessness, Ohio law allows victims to ask for damages.
Punitive damages have another goal: punishment. As such, they seek to deter him or her, as well as the public at large, from engaging in future reprehensible conduct.
However, although punitive damages are meant to punish, our clients still receive them. The money doesn’t go to the state, for example, but into our clients’ pockets.
Ohio has capped the maximum amount of punitive damages at two times our client’s compensatory damages (economic and non-economic losses discussed above). For example, if our client suffers $100,000 in compensatory damages, she can receive a maximum of $200,000 in punitive damages.
Also, the state sets a hard ceiling of $350,000. So if a client receives $200,000 in compensatory damages, the maximum she could receive in punitive damages is $350,000 (and not $400,000).
Yes, you can typically file a personal injury claim against a public entity. However, there are strict rules regarding these types of lawsuits. If you have a claim against the government — for example, if you were injured in a crash involving a Toledo Area Regional Transit Authority (TARTA) bus — you will only have a limited amount of time to file a claim — less time than in other personal injury case. You should call an experienced personal injury lawyer as soon as possible.
Yes. Regardless of your financial circumstances, you can afford to hire a top-rated Toledo personal injury lawyer. At Groth & Associates, we handle personal injury lawsuits on a contingency fee basis. Our law firm does not charge our clients upfront costs or out-pocket-fees. In other words, we only get paid when you get paid. Do not go through the personal injury claims process alone. You deserve a great lawyer.
Yes, it is possible to sue for emotional distress in Ohio. In Ohio, just as you can seek compensation for physical injuries resulting from another person’s negligence or recklessness, you are entitled to financial compensation for emotional damages. It is important to note that courts do not set strict time limits on claims of emotional distress, but mental or behavioral problems that last for months or years are the most likely to be successful. If you have suffered physical injuries or mental anguish from an accident, you may be entitled to seek damages from those responsible. It is important to consult with Groth & Associates to determine the best course of action for your specific situation.
OTHER PRACTICE AREA CASES
WHAT SHOULD I DO AFTER SUFFERING AN INJURY?
WHILE PERSONAL INJURIES ARE OFTEN REFERRED TO AS ACCIDENTS, THEY ARE OFTEN THE RESULT OF ANOTHER PERSON’S RECKLESS OR NEGLIGENT CONDUCT.
Far too many Toledo accident victims lose out on compensation simply because they make mistakes early on in the legal process. It is important that you and your family know what to do after a serious injury occurs. By taking the proper steps immediately after an accident occurs, you will be able to dramatically increase your odds of recovering the full and fair compensation that you deserve. After suffering a serious injury, all victims should do the following four things:
- Seek professional medical help: First, nothing is more important than your health. You need to get yourself checked out by a doctor after any major accident. Much of the time, you may not initially realize the full extent of your injuries. This is often a problem in cases involving head injuries or back injuries. It is always better to be safe rather than sorry. Additionally, seeking early medical attention will also help you pursue any future legal claim. You will need official medical records to help prove your damages.
- Report your injuries to the appropriate authority: All accidents should be reported. If you were injured in a Toledo car accident, the accident should be reported to the police as well as to the responsible insurance companies. If you were injured in a slip and fall accident, you should report it to the property owner or the management company. You need to establish an immediate record of your accident.
- Gather all of the evidence that you can: A successful personal injury claim always depends on the supporting evidence. Unfortunately, many forms of evidence begin to deteriorate immediately after an accident occurs. For example, if you fail to take extensive photographs of your injuries, you will quickly lose out on your opportunity to do so. Those injuries will begin to heal. This problems arises with many other issues as well; for example, witnesses can become difficult to locate after time passes.
- Contact an attorney: Finally, you should always consult with an experienced attorney soon after your accident. Your attorney will be able to comprehensively review the specific circumstances of your cases, and will be able to determine your best path towards recovery.
Words from our clients
Stevin is by far the best Lawyer that I have encountered. He is professional, knowledgeable, and very patient. I have lived out of the country for the past 5 years and anytime I needed legal assistance he has always been there for me as if I was next door. I would strongly recommend Stevin Groth no matter what the circumstances are. His dedication and attention to detail is what’s appreciated the most. Thanks for all that you have done and you will continue to do for me.
Stevin was very professional and got me the best possible outcome for my case. I would recommend him to anybody that is looking for a great quality lawyer.
I had the pleasure of working with Stevin Groth on a case. He went above and beyond what I expected. I expected the worst and he fought for me way better than anyone would have. Will use again if needed. Cannot express my gratitude enough. Thank you.
I WAS CONTACTED BY AN INSURANCE COMPANY, SHOULD I SPEAK TO THEM?
If you have been seriously injured in Ohio, it is a best practice to consult with an attorney before dealing with insurance company. Ultimately, when speaking to an insurance company representative, you should be cautious and should share as little information as possible. You need to remember that the insurance company is not on your side. You do not owe them long conversations about your accident. Further, you are entitled to take your time and get your thoughts together before giving any sort of a statement about your accident. If you have been seriously injured, please remember the following five tips for dealing with insurance companies:
- Consider all conversations to be official and formal; do not talk casually about your accident;
- If you are told something over the phone, be sure to get it in writing as well;
- Let your attorney handle all aspects of the settlement negotiations;
- Do not sign a release for your medical records without approval from your attorney; and
- Do not sign a settlement agreement without approval from your attorney.
WHO CAN BE HELD LIABLE FOR A PERSONAL INJURY?
In Ohio, personal injury lawsuits and claims are generally governed by the legal concept of negligence. Black’s Law Dictionary defines negligence as doing something or failing to do something that a reasonable person either would or would not do under similar circumstances, and those who engage in this type of conduct can be held accountable either through an insurance company claim or through a personal injury lawsuit. If the negligence of another party led to your injuries, they can be held liable for your damages. The liable party may be an individual, a business, a manufacturer, a medical professional, or any other person or entity that contributed to your accident. Ultimately, negligent parties must always be held accountable for the damage that they have caused.
HOW LONG DO I HAVE TO BRING A PERSONAL INJURY CLAIM IN OHIO?
In Ohio, you have two years to file a personal injury claim. This is a very strict time limit that you must take seriously. If you fail to take action, you could lose out on your legal rights. There can sometimes be a dispute over exactly when the two year time limit ‘clock’ begins to run. In the majority of personal injury cases, it starts running from the date of the accident itself. However, there is an exception for cases in which the injury could not have been noticed right away. In those cases, the clock starts running from the date that the victim either discovered or should have reasonably discovered their injuries. As an example, this might be an issue in a case where a medication caused serious internal injuries. The victim may not have been aware of their damages for a substantial amount of time. The best way to protect yourself is always by taking immediate action. As soon as you know something is wrong, get yourself to a doctor and contact an experienced personal injury attorney.
HOW CAN A TOLEDO PERSONAL INJURY ATTORNEY HELP YOU RECOVER COMPENSATION?
When dealing with insurance companies, it is important to understand that they will often attempt to either deny your claim, or to settle it quickly and for as little as possible, in order to save themselves money. Oftentimes, a settlement will be offered before you have had a chance to make a complete recovery, when the long term ramifications of your injury are still unknown. It is to your benefit to have an experienced personal injury attorney by your side, defending your rights and assuring your interests are protected. In the event a reasonable settlement cannot be reached with the insurance company, your interests may be better served by filing a personal injury. Under Section 2307.011 of the Ohio Revised Code, you may be entitled to the following types of compensation:
- Medical expenses and the cost for ongoing care;
- Lost wages and future losses in income and benefits;
- Pain, suffering, and mental anguish caused by your injuries; and
- Compensation for intangible losses, such as loss of enjoyment in life and loss of companionship with family and friends.
HOW OUR TOLEDO PERSONAL INJURY LAWYERS CAN HELP YOU AFTER AN ACCIDENT
Navigating the personal injury claims process can be difficult. At Groth & Associates, we assist plaintiffs with every aspect of a personal injury case. Our attorneys have extensive experience handling defendants and insurance companies. Regardless of the nature of your accident, we are ready to help you move forward. Among other things, our Toledo, OH personal injury lawyers will:
- Conduct a free, comprehensive assessment of your personal injury case;
- Answer any questions that you have about your legal rights or legal options;
- Investigate your accident — securing the evidence that you need to prove liability;
- Work directly with doctors and medical experts to get you the right care and to carefully document your injuries;
- Represent you in personal injury settlement negotiations with the insurance company; and
- Take action to build a strong, winning personal injury lawsuit.
Our law firm has a proven record of success and a history of satisfied clients. We are prepared to take your personal injury claim wherever it needs to go to get you justice and full financial compensation. Often, personal injury claims are settled outside of litigation. At the same time, our trial-tested Toledo, OH personal injury lawyers are always ready to file a lawsuit and take your case into the courtroom.
Contact an Experienced Toledo Personal Injury Attorney Today
At Groth & Associates, our Toledo, OH personal injury lawyers are standing by, ready to help you get justice If you have suffered a personal injury, we can advise you on the best course of action so that you can get the compensation you deserve. To schedule a free consultation, please call or contact us online today. With an office in Toledo, we serve communities throughout Northwest Ohio and Southern Michigan, including Bowling Green, Fremont, and the surrounding areas.