Author: Mike Guluzian

Protecting yourself and your family can sometimes extend beyond the borders of Ohio. Often when we are planning a trip, we think about the fun activities, destinations, and routes ahead. Just as often, however, we forget to think about and plan for accidents that may result in injury to ourselves or our traveling companions.

Different States Have Different Laws

When it comes to pursuing an insurance claim or personal injury lawsuit, each state has different rules and laws that impact your case. In most cases, the laws of the state where your accident occurred will determine what options are available to you and how your claim moves through the court system. Different states also have different statutes of limitations, which are deadlines for when you must file your case. As such, you need to be mindful and get the legal process started quickly – this can help ensure you have time to deal with unfamiliar laws.

Getting Started

If you’ve been in an out-of-state accident and want to pursue legal action, contacting an attorney in your home state is a good first step. Your local lawyer may be able to provide you with information regarding your claim and let you know if they can take you on as a client for that claim. If your local attorney cannot handle the case, they may be able to give you information on who to contact or even a direct referral to an attorney in the state where your accident happened. Getting an attorney referral is a good way to make sure the local lawyer you choose is well educated in the laws of the state and the local court system.

Our team at Plymale Partnership can help you take this first step – simply call us at (614) 418-6460 or contact us online to get started.

Medical Treatment

If you or someone in your travel party has been injured, do not wait until you get home to seek your initial medical treatment. Initial treatment at an urgent care or emergency room allows a medical professional to evaluate your injuries and determine if it is safe for you to return home via your method of travel. Further treatment, such as visiting your primary care physician, specialists, chiropractor, or physical therapist, can be done once you return home, but make sure to start any follow-up treatment as soon as possible after you get home.

Injury during vacation or travel does not mean you have to end your trip immediately, but you should keep track of any alterations in your plans or activities, and you should collect any evidence showing these changes so your attorney can relate to the insurance company how the incident has impacted both your trip and overall quality of life.

Please remember, being away from home means it is more important than ever to collect the evidence you may need at the scene of the incident. If you would like more information on how to appropriately gather evidence for a motor vehicle collision claim, then please read our previous blog, “Collecting Evidence to Protect Your Interests.”

Being involved in an accident can be scary and upsetting, especially if the incident happens while you are out of state, but you should handle yourself and your next steps the same way you would at home. Make sure to get medical attention immediately, gather insurance information, take photos if it is safe to do so, and gather any additional evidence that you are able to while still at the scene of the accident. The more evidence you have, the easier it will be for your attorney to help make sure you get the compensation you deserve. Stay safe Ohio!

After an accident, you may be wondering how to move forward. Filing a personal injury claim can help. This is because successful personal injury cases yield damages. “Damages” is an interesting legal term because it can refer not only to the injuries and losses you suffered due to your accident but also the compensation you recover to account for them.

In terms of compensation, damages can be broken down into both “economic” and “non-economic” damages, collectively called “compensatory damages.”

Economic Damages

Economic damages are designed to compensate you for your measurable losses and accident-associated expenses, such as:

• Present and future medical bills
• Doctor’s appointments
• Prescriptions
• Transportation
• Physical therapy and rehabilitation
• Counseling and mental health services
• Missed wages
• Lost future income
• Property damage
• Funerary and burial expenses
• And more

Typically, economic damages can be paired with bills, receipts from out-of-pocket expenses, or missing paychecks. In some cases, your attorney will use existing documentation to help you estimate the financial effects your accident will have on you moving forward.

Non-Economic Damages

Non-economic damages, on the other hand, are meant to compensate you for less tangible losses, like:

• Pain and suffering
• Mental anguish
• Loss of enjoyment of life
• Loss of companionship
• Disability or disfigurement
• And more

No one can truly measure the impact an accident has on your life, but we can ascribe value to some of the ways your injury affects you. These damages can be subjective, so having our skilled attorneys on your side can help you make fair appraisals, estimates, and demands.

Punitive Damages

If your case involved recklessness, criminal behavior, or extreme negligence, you may also be entitled to punitive damages. Also called exemplary damages, this compensation is designed to punish the wrongdoer and discourage similar behavior in the future. In Ohio, punitive damages cannot exceed twice the amount of compensatory damages (the term for combined economic and non-economic damages) or 10% of the defendant’s net worth (whichever is higher).

Unlike some other states, in which punitive damages go into a special fund, the court awards punitive damages to the plaintiff (or the person filing the lawsuit). In this way, punitive damages can provide you with additional financial comfort and allow you to move forward from your accident and injuries with a sense of justice and economic security.

What Is My Case Worth?

We cannot estimate what your case is worth without knowing all the details. If you come in for a free initial consultation, however, we can help you understand your legal rights and manage your expectations.

When you choose Plymale Partnership, you put over 80 years of collective legal experience on your side. You also get a legal team that will fight for your rights and pursue maximum compensation on your behalf.

We have recovered millions of dollars for our clients, and we want to recover for you, too.

If you have been involved in a motor vehicle collision often you have a lot of information coming at you at the scene of the accident. Usually, you will speak to the other driver, the police officer who responds to the scene and maybe even witnesses who saw what happened. In addition, you may have more pressing concerns regarding your health or possible injuries, the state of your vehicle or even how will you be able to get to work or pick up your children with a vehicle that is not badly damaged. Because of all these issues, important information can and often is either forgotten or not collected after the traumatic experience you just went though.

Luckily, much of the important information you may need is contained in the Traffic Crash Report that is usually made when an officer reports to the scene of the collision. Crash Report’s often contain important information such as the name of the other driver involved in the collision, his or her insurance company information, and even the names of any potential witnesses. Crash Reports are compiled by the Ohio Department of Public Safety and can be found by visiting:

https://ohtrafficdata.dps.ohio.gov/crashretrieval

Crash Reports will typically appear on the website within a week or so of your collision, but it may take longer depending on the complexity or severity of the collision.

Once you are at the Crash Report website there are a couple ways of finding your crash report. The easiest way to find your report is to know the “Crash Number”. Often a responding officer will write this number down for you on a card or on any exchange of information sheets that are given to you at the scene.

If you do not have the crash report number, you can use the advanced search option where you can enter the following information:

• Date of Crash
• County in which the crash occurred
• The law enforcement agency that completed the report (Columbus Police, State Trooper, etc.)
• Your last name

So, what is contained in a standard crash report? Usually, the Crash Report will contain the following important information:

First page of Crash Report contains general information regarding the collision and includes the following:

• The Crash Report Number typically found in the top right of the report’s first page
• A description of where the collision occurred
• The date and time of the collision
• A diagram of the collision
• A narrative of how the collision occurred according to the drivers/witnesses of the collision
• The name or the responding officer and his or her reporting agency

The next few pages of the Crash Report contain information regarding Units or Vehicles involved in the collision and includes the following:

• The vehicle’s owner’s information, including the owner’s address
• The year make and model of the vehicle
• License plate number
• Owner’s insurance information
• Diagram of the vehicle showing where the damage occurred and the severity of said damage
• The Sequence of Events that lead to the collision
• The traffic conditions at the time of the collision
• The vehicles speed at the time of the collision and the posted speed for the area.

After the Unit/Vehicle information comes the Motorist/Non-Motorist pages and includes the following:

• The name, address, date of birth, and gender of the drivers or the vehicles
• If any person suffered any injuries
• If the injured person was using a seatbelt and/or other safety equipment
• If an injured person was transported by from the scene of the collision, what EMS Agency transported that person, and what Medical Facility treated the injured person
• The operator license number of any drivers involved in the collision
• If there were any restrictions on the drivers license of any of the drivers
• If the officer issued a ticket or a traffic offense to one or more of the drivers and the name of the offense charged.
• If alcohol or drug were suspected as a cause of the collision and if an alcohol or drug test was performed on any of the drivers

The final pages of the Crash Report list the name(s) address(es) and other important information regarding any occupants of the vehicles and/or witnesses to the collision. Sometimes, if the drivers of the vehicles offer different accounts of how the collision occurred, there will written statements added to the end of the Crash Report from the drivers, occupants, or potential witnesses.

If you do not have access to the internet you can also mail your request to the law enforcement agency that filed the report. In the letter, you will need to include both your name and address as well as the accident date and location. Additionally, there may be a cost involved for printing the actual report, so make sure that you call the reporting agency before mailing in your request. If neither online or mail works with your schedule, you may always go to the law enforcement agency that issued the report and request a copy of the report in person.

In conclusion, traffic crash reports are a vital piece of information when you are gathering evidence regarding your collision. This information can be used to strengthen your case and help you in the event that you need to provide additional information to the insurance adjuster to prove the other driver’s liability. However, if you feel that you need representation, the crash report will be one of the first documents that your attorney will acquire when they are building your case. Remember, in the event of a collision it is important that you gather as much information as possible to protect yourself and obtaining your traffic crash report is one of the best ways to do that.

If you are in a motor vehicle collision, it can be a scary and confusing experience. However, the time immediately following a collision is the best time to begin collecting evidence that can help you in building your insurance claim, and, if necessary, a lawsuit.

Many times, police may be unable to come to the scene of the accident if they are otherwise occupied or the incident does not require immediate medical attention or transport. In fact, you may be told to “exchange information and let insurance figure it out.” The problem with that statement is that insurance company representatives are not at the scene and each company will take their insured’s recollection of events as fact, which results in a “you said, they said” situation. In an effort to avoid that situation, our office recommends that you take the following steps to protect yourself:

• If it is safe to do so, take photographs or video of all the vehicles involved in the collision before they are moved. This should only be done if it is absolutely safe, there is no reason for anyone to incur injuries to preserve evidence. However, if this is not possible, take pictures of as much as you can while you remain in the car until it is safe.
• Move to a safe location to exchange information and collect the following:
  • Pictures of all license plates
  • Pictures of drivers’ licenses of the involved parties
  • Pictures of insurance card or write down the other driver’s insurance information
• While at the scene, take pictures of the damage to the vehicles involved. These pictures should include:
  • Damage to all vehicles involved in the accident.
  • Traffic control devices including stop signs, yield signs, traffic lights, crosswalks, etc.
  • Pictures of the intersection, any road markings, and any marking from the vehicles such as skid marks, lost fluids, etc.
• Take the time to look around the general area of the accident and determine if any businesses, homes, or intersections in the area may have cameras that could have captured the collision. Often, businesses will only retain recordings for 24-72 hours and so reaching out to them prior to speaking with an attorney, or getting an attorney involved ASAP is critical if there could be a potential dispute as to the cause of the collision.
• If there are witnesses to the incident, attempt to get their contact information, including their name and phone number, as well as a brief account of what they saw. Independent witnesses can provide additional credibility to your claim and can be used to help your case if necessary.

If police do respond to the scene, many times they may not always collect all the above information to make their determination if a citation will be issued. If a citation is issued to the other driver, then the driver may pay the ticket or attempt to fight it in court. If they dispute the citation, you may be subpoenaed to testify as to the events of the citation. It is important that you appear to testify because if you do not, and if the ticket is dismissed, it may make your insurance claim or civil suit more difficult.

In the event that you are transported from the scene via ambulance, you will have to rely on police accurately documenting all the information and then creating the report. However, to protect yourself you may want to send a friend or family member to document the above information if possible—especially as to the existence of a video of the incident since most businesses only retain footage for a short period of time.

Unfortunately, many times people do not do the right thing, and although collecting all of the information listed above may seem like overkill, it is absolutely essential that you gather as much evidence as possible in order to protect yourself and your interests.

Protecting yourself and your family in the event of a motor vehicle collision begins well before a collision ever occurs. In fact, it begins before anyone gets behind the wheel. As the weather begins to break and quarantine restrictions are lifted, we will begin to see an increase in the number of drivers on the roadways. Now is a great time to reach out to your insurance agent to review and make any necessary changes to your motor vehicle insurance policy. Or, if you do not have insurance, it is the perfect time to investigate and purchase appropriate coverage. Remember, in the State of Ohio, you must be insured to operate a motor vehicle on public roads. Below we will discuss the different types of coverage and protections that you can purchase for your car.

COMPREHENSIVE: Comprehensive, or “non-collision” coverage, is a protective coverage that includes damage to your vehicle that was not caused by a collision with another motor vehicle, such as theft, vandalism, or hitting an animal. This type of coverage usually has a deductible, but it covers a wide range of incidents, whether you are in the vehicle or it is parked. This is great coverage to have but is not required in the State of Ohio.

COLLISION: Collision coverage is a protective coverage that covers damage to your vehicle caused by a collision with another vehicle, a stationary object such as a tree, or a single-car accident. Collision coverage usually has a deductible and can be used if either you or someone else caused the damage to your vehicle. Additionally, this coverage is also not required in the State of Ohio.

LIABILITY: Liability coverage is a protective coverage that covers damage to another person’s motor vehicle or body caused by a collision where you are the at-fault party. Liability Coverage is required by law in State of Ohio. All properly insured Ohio drivers must carry, at minimum, $25,000/$50,000 in bodily injury liability and $25,000 in property damage liability coverage. This means that if you or another authorized driver causes a collision in your car, your insurance will pay up to a maximum of $25,000 per person injured, or a maximum total of $50,000 if multiple persons are injured, and up to a maximum of $25,000 in property damage to the vehicle and personal belongings of the other driver. These liability limits can be higher than the state minimums with some personal policies containing limits of $250,000/$500,000. However, it is always important to review your policy to determine who will and will not be covered if they drive your vehicle to avoid a denial of coverage.

UNINSURED MOTORISTS/UNDERINSURED MOTORISTS: Uninsured/Underinsured coverage is a protective coverage that covers you and/or your passengers for injuries suffered in a collision if your damages exceed the liability policy limits of the at-fault individual (underinsured) or if the at-fault driver did not have insurance coverage at the time of the collision (uninsured). This type of coverage is also not required in Ohio; however, having uninsured/underinsured policy coverage in place will allow you to collect on damages that exceed the at-fault parties liability policy limits. Take note, while most insurance policies provide uninsured/underinsured coverage in the same amount as the amount of your liability coverage, the amounts are not required to be identical; however, the amount of such coverage may not exceed the amount of your liability coverage. From our experience, we advise our clients to make sure that their insurance policies contain uninsured/underinsured motorist coverage and that the coverage limits match those of the liability limits. Therefore, it is always important to review your policy to determine what will and will not be covered under this section of your policy.

MEDICAL PAYMENTS: Medical payments coverage is a protective coverage that covers you or your passenger’s medical expenses, irrespective of fault. This type of coverage is not required in Ohio; however, we always advise our clients to ensure that such coverage is included in their insurance policies. Medical Payments coverage can be as little as $1,000 per person; however, we always recommend that our clients purchase coverage in a greater amount. Some insurance policies contain coverage of up to $100,000 per person, although the majority of policies contain limits of between $5,000 and $25,000 per person in coverage. This coverage can be used to satisfy out-of-pocket medical expenses that are not covered by health insurance, including deductibles. Oftentimes, this coverage must be exhausted before a health insurance carrier will pay medical expenses incurred as a result of a collision with an at-fault driver (e.g. Medicare).

UMBRELLA: Umbrella coverage is a protective coverage that covers you in case of a serious incident that exceeds your coverage limits, including liability coverage and uninsured/underinsured motorist coverage. This coverage is also not required in Ohio. Most insurance companies offering umbrella policies usually require $250,000/$500,00 in an underlying motor vehicle insurance policy as a condition of coverage. Most umbrella polices provide coverage of at least $1,000,000 and can be purchased in greater amounts as well. Some insurance companies only have umbrella policies that relate to liability coverage, but others have umbrella policies that relate to uninsured/underinsured coverage. Therefore, it is always important to review your policy to determine what will and will not be covered under this section of your policy.

GAP: Gap coverage is a protective coverage that is not usually available through a motor vehicle insurance company but could play a significant role in a claim involving a new or newer vehicle. This type of coverage is not required in Ohio. Gap coverage is usually available through car dealerships or other third-party companies and protects the gap between the fair market value of a totaled vehicle and the outstanding amount owed on a car loan at the time of the incident. This is important in newer vehicles or vehicles purchased at high interest from used car lots because the actual value of the vehicle could be less than what is still owed on the purchase price.

This information may not cover every available detail of a motor vehicle insurance policy and as always, a premium must be paid for each added policy provision. Other provisions such as rental and tow coverage are equally important to consider. An insurance policy can only protect you to the extent of the coverages that you purchase, Reviewing your policy and declarations page is important to know exactly what situations will and will not be covered in case of a collision or other unfortunate event involving your motor vehicle. Setting a time with your insurance agent to review your policies can save you time and money in the long run. Moreover, reviewing your homeowner’s or renter’s policy at the same time as your motor vehicle insurance policy will give you the bigger picture of how all your assets and family are protected.

Unfortunately, some drivers on the road do not carry valid insurance. If you are in a collision caused by an uninsured driver, then your insurance policy with uninsured coverage will protect you for your treatment and injuries. The amount of uninsured coverage you carry depends on the level of protection you want for yourself and your family. This is usually coupled with underinsured coverage, which will provide you added protection if the driver that caused the incident was insured, but for an amount less than your treatment and injuries. If you are struck by a driver with a state minimum $25,000 policy, but your losses are greater than that amount, you will only be able to collect $25,000 from that individuals policy, but can then use your underinsured coverage to cover the difference. Medpay is another option to have for payment of bills or out of pocket expenses while a settlement or resolution is worked towards.

Police who arrive at the scene are tasked with several responsibilities, providing safe travel for other drivers, protecting the scene, determining liability, talking with involved parties, talking with witnesses. Unfortunately, this does not always result in a full report to protect your interests if you are injured and need to open an injury claim.

Should do own investigation at scene, within the bounds of safety and practicality. Photographs should be taken of the incident scene before vehicles are moved if possible, never put yourself in secondary danger if this is not feasible. Collect the information of the other driver, including pictures of driver’s license and insurance cards. Collect information from witnesses, names, addresses, phone numbers. Make note of the surroundings, if any businesses may have cameras that would capture the events. Businesses and municipality cameras have varying time for saving data often between 24-72 hours before that video is taped over. This is more important in situations where police who arrive at the scene do not determine a liable party or it is an incident where police do not respond to the scene for some reason.

Over the years our legislature has endeavored to legislate away the ability of injured or disabled people to collect monies from more than one source. Moreover, health and disability insurers, under the euphemism “coordination of benefits,” have clauses in their policy which essentially state:

“If someone else should pay, we won’t. If we do pay, we expect you to repay what we spent on your medical bills.”

Occasionally, we see a few employers, who have paid sick pay during the injured employee’s absence, expecting to be repaid (the sick pay) from the proceeds of legal recovery.

At Plymale Partnership, we believe the medical insurer or employer should pay the cost of recovering these monies – not you. As part of our service, we often negotiate with the medical insurer or employer to either pay their fair share of attorney fees or reduce the amount they expect to be repaid. Different payers have different policies and different degrees of willingness to negotiate, but we take pride in our ability to obtain maximum concessions from them – our work often results in more money in your pocket.

Sources of Recovery

Most clients are unaware of the sources of recovery available to them. Some of these should be vigorously pursued by you and your lawyer while others should be left alone.

The following are several examples of sources of compensation which should be investigated and pursued:

• The at-fault party’s liability insurance, whether it be auto, homeowners, umbrella, or commercial.
• Your own insurance policies: Many drivers are uninsured or have inadequate insurance. We often find additional monies available for you in your own auto policy or that of a family member with whom you live. If you were a passenger, you can recover benefits from the driver’s policy, and if you were in a car owned by another, then we can explore that person’s policy. Whether monies come from medical payments coverage or uninsured/underinsured motorist coverage, there is often compensation available to you – this will become clear after our attorneys investigate all sources of monies with a careful reading of the applicable policies.
• Workers’ compensation: If you were driving or riding on the job and are injured in a covered car you may collect both workers’ compensation benefits and money from the at-fault person’s insurance company.
• If your injuries disable you so that you cannot work, you may collect not only the insurance money but also social security disability from the Social Security Administration or pension benefits provided through your employer.

Final Thoughts

In conclusion, you need the guidance of a lawyer or lawyers, knowledgeable and experienced in injury claims, to guide you through legal action and maximize your recovery. Our attorneys are well-versed in cases of car accidents, trucking collisions, motorcycle accidents, back injuries, brain injuries, and more. Our team is passionate about helping you through your case and fighting for your rights. 

The Initial Stage: A Collision Occurs

When you are injured in a motor vehicle collision the very first thing you should do is to seek treatment immediately! If you are hurt, go to the emergency room or see a doctor so that they can determine the extent of your injury and recommend a treatment program. Delaying treatment can delay your physical recovery, signal to the insurance companies that the injury “wasn’t that bad,” and can also impact the believability of the claim, and in turn, affect the amount of the settlement or verdict. Additionally, delaying treatment can also call into question whether the injury was sustained during the incident or at another time.

The Claims Stage

In order to open a case, the injured person meets with an attorney todiscuss the case and share information regarding the collision and subsequent injury. During the initial consultation, the attorney gathers pertinent information to your case, including medical treatment, insurance coverage, names and information of the at-fault party, potential witnesses and photographs of the vehicles involved in the collision and evidence of your physical injuries. Once the initial meeting concludes and the attorney is retained, the attorney then delivers letters of representation to the appropriate parties, which typically include the at-fault driver’s insurance company and your insurance company. While the investigation is taking place, you should continue treating for your injuries and share all case-related information with your attorney or his assistant.

The Investigation Stage

After meeting with your attorney and providing all pertinent information, your attorney will take over. During this period, all the important parts of the claim are investigated, which may include speaking with your doctors, expert witnesses, fact witnesses, defense attorneys, and insurance adjustors. Your attorney’s primary responsibility is building a case on your behalf, utilizing the attorney’s specialized knowledge and experience. The role of the attorney at this stage is to do whatever needs done to maximize the client’s monetary recovery.

The Effort to Settle

Once the investigation is completed and you have been released from further medical care, the attorney will then compile a settlement package for the at-fault party’s insurance company. The settlement package is an orderly presentation of documents that demonstrate the loss you experienced as a result of the at-fault party’s negligence. These documents may include witness statements, medical bills, medical records, wage loss documentation, photographs, expert reports, and any other document that the attorney believes will fully demonstrate your loss (including inability to perform your usual activities, pain, loss of enjoyment of life, etc.). Once the package is submitted, the negotiation process begins. If the adjuster ultimately offers an acceptable amount of compensation, the case will be settled, but only with your consent. A Settlement typically requires the execution of a release of liability. However, if no agreement is reached, which is often the case at this stage, the attorney will likely recommend filing a lawsuit against the at-fault party.

Settlement during The Litigation Stage

The litigation stage begins when the attorney files a lawsuit on your behalf. Once the lawsuit has been properly served, the insurance company will hire an attorney to represent the at-fault party, who will file an “answer” on behalf of his/her client. The defense attorney will also submit written: “discovery requests” to your attorney, which are essential questions that you will need to answer and requests for copies of documents. Your attorney will also likely submit “discovery requests” to the at-fault party as well. Once discovery is complete, but some time before it is complete, depositions of the parties are typically scheduled. A deposition is a legal device utilized by attorneys to obtain testimony under oath from the other party or a witness prior to trial. The testimony is recorded by a stenographer that can later be transcribed for use at trial or in support of a motion. Depending on the complexity of the case, the litigation process can take anywhere from six months to two years to be completed.

Resolution Before or After Trial

Once a lawsuit has been filed, there are 4 primary ways that your case will be resolved: 1) an out-of-court settlement through informal discussions with the defense attorney or insurance adjuster or 2) a formal settlement conference with a trained mediator (referred to as a mediation), 3) the issuance of a “summary judgment” (granting judgment in favor of one party on a legal issue), and, finally 4) by a jury verdict. Many times, before a jury trial, the at-fault insurance company will make a final effort to resolve the case. If both parties accept the settlement, then the case is resolved, and the lawsuit will be dismissed. If the parties are unable to reach a settlement, either informally or at mediation, and summary judgment has not been granted to one of the parties, the case will proceed to a jury trial. Jury trials can take as little as two days to complete, or in a complex case, multiple weeks to complete.

Animal injury cases can be complicated. If you are the victim of an animal attack, your legal rights and options may be affected by the actions you take immediately following the attack. For the best course of action, follow these steps and then contact an attorney who has experience with animal attacks.

What to Do If You Are Attacked by an Animal

Victims of animal attacks may be able to recover damages for their injuries, as well as medical and psychological expenses, loss of income, and, in some cases, punitive damages.

If you are attacked by an animal, follow these steps to protect your legal rights:

• Seek medical attention as soon as possible.
• Take photos of the injury.
• Keep track of your medical providers and medical expenses.
• Get the owner’s information (name, address, and phone number).
• If there were any witnesses to the attack, get their information as well.
• Ask for proof of rabies vaccination or have the animal tested for rabies.
• Contact an attorney with experience in animal attacks before signing or agreeing to anything.