AuthorCharles V. Contrada

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Don’t you want a real attorney representing you? Why you should always meet your attorney in person.

Hiring a personal injury attorney can be a stressful and tough process. How do you know you are hiring the right attorney for you and your case? Do your research. Make sure the attorney you hire has a local office and is willing to meet with you in person to discuss your case.

Some law firms tend to advertise themselves as a local city attorney, yet come to find out their main office is in a different city hours away. This can be tricky when you don’t meet with your attorney in person. Your initial consultation will be over the phone and your contact will be faxed to you.

Once you sign the contract, they may send an adjustor to look at the damage your vehicle sustained in the accident. This may seem convenient but what they don’t tell you up front is that they charge you for the adjustor’s mileage to and from their office to your location.

Not meeting your attorney in person can also make it difficult to build rapport and a trusting relationship with them. You can only get to know a person over the phone so well. Constant faxing, e-mailing and phone calls takes away precious time in your life, especially when you can discuss details and documents in person, all at once with a local attorney in person.  It can also make you feel unprepared when you need to give statements and testimonies. This can potentially reduce your chances at getting a good settlement.

Benefits of meeting with your attorney in person

There are so many more benefits to hiring a local attorney that you meet with in person from the get go. You immediately can build rapport and trust with your attorney right off the bat from your initial consultation. You will have no hidden charges or fees for travel miles, etc. You can go over the contract in person with your attorney and ask any and all questions necessary at that time. Your local attorney can prepare you for everything relating to your case in person, from giving testimonies and statements, to going through an independent medical exam. They will be with you every step of the way in person. Would you feel better about your case when the first time you met your attorney in person was in court?

Attorney Charles V. Contrada is your local NW Ohio and SE Michigan personal injury attorney and he has handled cases throughout both states. The difference is Charles goes out of his way to meet with every single one of his clients in person to build an honest and trusting relationship. He will make sure you are prepared and comfortable with every step of the legal process regarding your case.

If you have been involved in a car accident, contacting a personal injury attorney as soon as possible will make the claims process much easier.  Attorney Charles V. Contrada will explain your legal options, guide you through the process. To speak to attorney Charles V. Contrada about a car accident in Ohio or Michigan, call 419.841.4400. Charles has helped thousands of individuals with car accident claims and will explain the legal options that are available to you. Call Contrada & Associates for comprehensive legal guidance that will help you to receive the most favorable outcome.

 

2 Apr 2015 Continue Reading

Nagging Phone Calls & Mailings after a Car Accident

One of the saddest things that happen after an accident is the 50 phone calls, 50 mailers and door drops. The calls alone will drive you crazy.

By law lawyers aren’t allowed to solicit by phone. However, some have gotten around this rule by having a recorded message. The vast majority of lawyers find this type of solicitation appalling.

You may wonder where they got your information. Generally, they get it from police reports which are public information. You can view anyone’s police report if you have the time and desire.

The reason this practice is allowable is the Ohio Supreme Court ruled that it is unfair that the at-fault party’s insurance company could contact you, and tell you information that may not be 100% accurate, and not a lawyer.

The intention of the Ohio Supreme Court was good, but the unintended consequences are awful. Most of my clients find the phone calls worse than the mailers. A client actually got 50 cell phone calls 2 days after the police report went online. For those who answer those phone calls, it is much worse.

Originally, when this practice started, the calls came from chiropractor’s offices. Then some of them would say they would even put you in touch with a lawyer to represent you and have you sign a legal contract right in the Chiropractor’s office. Now, it is not just Chiropractors contacting you, it is marketing firms as well. These marketing firms are very aggressive to get your business. Generally they will not precisely identify themselves, for example: a “wellness clinic”. In some cases, they will even represent themselves as the driver at fault’s insurance company.

In addition, some of the callers have indicated they already have made an appointment for you to come in and get checked out making it seem like they are the insurance company. This is a very sneaky approach to getting your business.

Another approach, they will offer is for you to come in for a free evaluation to see if you were injured in your accident. When this happens, they will always find that you were indeed injured in the accident.

The best offense to these rouge tactics is to not answer the phone, or be intimidated by them or engage with any of them at all. All mailers should be thrown in the garbage and all phone calls left unanswered.

We at Contrada & Associates do not condone these practices and do not engage in them.

If you have been involved in a car accident, contacting a personal injury attorney as soon as possible will make the claims process much easier.  Attorney Charles V. Contrada will explain your legal options, guide you through the process and assist you in dealing with insurance companies and sneaky companies trying to take advantage of you.

To speak to attorney Charles V. Contrada about a car accident in Ohio or Michigan, call 419.841.4400. Charles has helped thousands of individuals with car accident claims and will explain the legal options that are available to you. Call Contrada & Associates for comprehensive legal guidance that will help you to receive the most favorable outcome.

 

 

19 Mar 2015 Continue Reading

Are you properly insured when traveling in a company car?

Do you travel in groups for work in a company car? You should ask your employer about their automobile insurance coverage and if you will be covered while traveling in the company car before anything happens. If you are in an accident in a company vehicle, your personal auto insurance may not cover you.

If you work in Ohio and travel to Michigan for work more than 30 days in the calendar year, you should also check to see if your employer has a rider/endorsement policy on the company vehicle you travel in. This will help protect and cover you under Michigan’s no fault insurance laws.

When you travel in groups (3-5) in a large company car you will want to make sure the vehicle has a commercial vehicle policy that will be enough to substantially cover all the employees riding in the car in case of an accident. You will also want to see if your company vehicles come with a liability insurance policy, so if the other party tries to sue your company for additional damages, you’re covered.

Employers: What types of Insurance do I need to properly cover my employees riding in a company car?

In order to properly insure your employees while traveling in a company car, you will need a substantial policy in order to cover the maximum number of parties the vehicle can hold (usually 5-7). You should look into a commercial auto insurance policy. These policies usually include physical damage insurance, liability insurance, and other coverage including medical payments, towing & labor, rental reimbursement and auto loan or lease gap coverage.

The types of additional coverage you should look for in a commercial auto policy are collision insurance, comprehensive insurance, uninsured motorist coverage, underinsured motorist coverage. Talk with an insurance agent to see what types of coverage will fit your business best based on the traveling you and your employees do.

Liability Insurance: Why it is so important

Business auto liability insurance is an important safeguard for your business. If you or an employee is sued following a serious accident, liability insurance helps protect your company’s assets.

If you are wondering if the minimum commercial auto liability coverage is enough, the answer is probably not. Most companies opt for more than state-minimum coverage. The reason? If an injured party sues your company for a larger amount than you are covered for, you are liable to pay the amount you are not covered for. This could potentially put your business at risk financially.

If you have been involved in a car accident involving a company vehicle, contacting a personal injury attorney as soon as possible will make the claims process much easier.  Attorney Charles V. Contrada will explain your legal options, guide you through the process.

To speak to attorney Charles V. Contrada about a car accident in Ohio or Michigan, call 419.841.4400. Charles has helped thousands of individuals with car accident claims and will explain the legal options that are available to you. Call Contrada & Associates for comprehensive legal guidance that will help you to receive the most favorable outcome.

 

12 Mar 2015 Continue Reading

Company Car Accident: Who Pays?

If you are hit by someone driving a company car and you sustain injuries or property damage, what effect does this have on a subsequent lawsuit? Normally, these accidents are solely decided by the Law of Negligence. Negligence means fault.

Considerations such as speed, weather conditions, driver impairment and driver conduct are considered in all accidents. However, if you are injured by someone driving a company car, other considerations may apply. In these situations, the Law of Agency may apply.

In general, if you are injured by an employee driving a company car and they are acting within the course and scope of their employment, the company can be held liable under the theory of Respondeat Superior. The theory is that since the employer was performing the company’s work at the time of the accident, the company, in addition to the employee driver, should be responsible for any negligence of the employee.

Who is responsible?

If you are unable to settle your claim, your attorney will file a complaint on your behalf against the person driving the company car. Also be aware that other considerations come into play. For example, what if the employee was driving a company car, but it was off hours and they were using the vehicle for personal, not company business? Who is responsible then, the person or the company?

The company owner of the car could still be found liable in this situation. A car owner including a company is required to use due care when allowing someone to drive the vehicle. If the company failed to check the employee’s driving record or should have known that the employee had medical or other conditions that impacted the operation of the vehicle, it can be found liable for negligent entrustment of the vehicle. Vehicle owners can also be found liable if the accident was caused by the owner’s failure to properly maintain the vehicle. Depending on whether the car is owned or leased, an additional company could be responsible for vehicle maintenance.

However, there are many companies which have policies stating that the employee is not allowed to drive the car on their personal time. These situations make it difficult to figure out what exactly the employee was doing at the time of the accident. Hiring a personal injury attorney will help determine if the at fault party was using the company car for work or on their personal time in order to get the case settled.

If you have been involved in a car accident with a person driving a company vehicle, contacting a personal injury attorney as soon as possible will make the claims process much easier.  Attorney Charles V. Contrada will explain your legal options, guide you through the process and assist you in dealing with insurance companies and the company of the party involved.

To speak to attorney Charles V. Contrada about a car accident in Ohio or Michigan, call 419.841.4400. Charles has helped thousands of individuals with car accident claims and will explain the legal options that are available to you. Call Contrada & Associates for comprehensive legal guidance that will help you to receive the most favorable outcome.

5 Mar 2015 Continue Reading

Independent Medical Examinations

In very limited circumstances, if you are involved in an accident, the insurance company or the defense lawyer may request that you undergo an “independent medical examination”.  Needless to say, there is nothing independent about these examinations and, in many ways, they are a total mockery of the doctor/patient relationship.

 

Why do they want an Independent Medical Exam?

The insurance companies want you examined by their doctor to evaluate the extent of your injuries and oftentimes to determine what injury was caused by the crash, as opposed to a pre-existing condition that the victim had before the automobile accident.

Why they are not Independent

The main reason that the so-called independent medical examinations are truly a defense medical exam is the defense lawyer, or insurance company, gets to hand-pick whatever doctor they choose to examine you. I am sure it’s not hard to believe but many times insurance defense lawyers or insurance companies pick doctors that have a bias in their favor.  In particular, they often pick doctors over and over again and thus have a pretty clear notion of what the doctor will say and what the doctor will find. The doctors love the extra cash they make.

For example, there are some doctors that will testify that a muscle injury caused by an automobile collision, such as whiplash, can last longer than 6-10 weeks. Of course, this is nonsense and I have seen so many cases where people have lifelong injuries from whiplash that it breaks my heart. However, the defense and insurance companies will get these doctors to tell the jury that nobody has long-lasting muscle injuries.

Statewide Doctor

There is now a doctor, who had been doing defense and insurance medicals out of Columbus, Ohio and making millions of dollars doing so. He is now opening shops in Toledo, Cleveland and possibly Cincinnati to do even more defense insurance medical exams and to make even more money. We hope that the juries can see through this sort of flim-flam, where the same doctor does report after report for the same defense lawyers.

A Fairer Approach

For attorney Charles Contrada, who has handled thousands of cases over 35 years, he believes a fairer approach would be to independently pick doctors off of a list of physicians who actually treat patients with injuries and have them examine the injured person. In that way, these would be truly independent examinations and the insurance company could not hand-pick the doctor ahead of time. If the doctors were randomly picked and they had biases, either for or against certain types of injuries, it would at least be the luck of the draw and not a foregone conclusion that the entire exam would be used against the victim.

How to Prepare for an Independent Medical Exam

It is important to time the different portions of an exam. Sometimes there is a period where you have to answer written questions. Be careful not to answer them if you do not understand them. Second, there is usually a period of question and answer by the doctor.Third, there is a physical examination. It has been our experience that most of the exams are quite short.

If you have been involved in a car accident, contacting a personal injury attorney as soon as possible will make the claim process much easier. Attorney Charles V. Contrada will explain your legal options, guide you through the process and assist you in dealing with insurance companies and Independent Medical Exams.

To speak to attorney Charles V. Contrada about a car accident in Ohio or Michigan, call (419) 841-4400. Charles has helped thousands of individuals with car accident claims and will explain the legal options that are available to you. Call Contrada & Associates for comprehensive legal guidance that will help you to receive the most favorable outcome.

27 Feb 2015 Continue Reading

The 6 Steps to File a Personal Injury Claim

1. Determine grounds to file a Personal Injury Claim

Usually, if you have been injured because of another person’s negligence or faults, you have grounds for a claim, possibly a lawsuit. It is very important to know that if you accept any type of settlement and sign a release from the insurance company, you waive your right to collect any additional compensation even if your medical condition changes.

2. Gather evidence

In order to file a Personal Injury claim, you need proof. Make sure you collect as much evidence relating to your accident as possible. Types of evidence you can easily collect include a police report (if one was filed), photographs of the accident scene, your vehicle and the other party’s vehicle. Gather photographs of your injuries, and any additional relevant documents proving that your injuries sustained in your accident led to lost wages. You should even ask to take a photograph of the other party’s driver’s license and insurance cards.

Always remember to take pictures of your vehicle plus the other vehicle at all angles (front, back, and both sides).  What actually happened versus what the other party might tell their insurance company could be different. Having photographic evidence will provide truth in what really happened. This same rule applies to any photographs taken of injuries. Take injury photographs on each side on the injury and at different angles. This will help corroborate your story. Also, take photographs of injuries in the sunlight as they will show up better.

3. Contact Personal Injury Attorney

The earlier you contact a personal injury lawyer, the better. Every state has a statue of limitations specifically for personal injury lawsuits. In Ohio, an injured person has 2 years and Michigan, 3 years from the date of the injury to go to court to settle or file a lawsuit. Contact Attorney Charles V. Contrada at 419-841-4400 to set up a consultation to discuss your case.

4. Review your case with your Attorney

Once you select your personal injury attorney, you will need to review your case and share all injury related evidence and documents you have collected. Disclose all information relating to your case to your attorney. Do not present misleading information to make your claim look stronger for example not stating a prior accident or injuries. At Contrada & Associates, honesty with our attorneys is the key to getting the best outcome possible.

5. Consider the option of settlement

Before you decide to file a claim, meet with your lawyer to discuss a settlement proposal. In a settlement, both sides meet to settle the claim without going to court. If you decide to try and reach a settlement agreement, it is a good idea to go through this process with your personal injury attorney so they are able to examine the settlement and negotiate with the other party to ensure the best result for you.

6. Filing A Lawsuit

If you and your personal injury attorney agree that your case is strong enough, or if your pre-lawsuit settlement negotiations do not end up being sufficient, you may then decide to file a lawsuit. If you choose this option, your attorney will file the lawsuit on your behalf. It is extremely difficult but not impossible to file a lawsuit on your own. Your outcome may not be as favorable as if you were working with an attorney on your behalf.

If you have been involved in a car accident, contacting a personal injury attorney as soon as possible will make the claims process much easier.  Attorney Charles V. Contrada will explain your legal options, guide you through the process and assist you in dealing with insurance companies.

To speak to attorney Charles V. Contrada about a car accident in Ohio or Michigan, call 419.841.4400. Charles has helped thousands of individuals with car accident claims and will explain the legal options that are available to you. Call Contrada & Associates for comprehensive legal guidance that will help you to receive the most favorable outcome.

 

 

22 Jan 2015 Continue Reading

The Insurance Company Totaled My Car. What’s Next?

Were you in an accident? Did the insurance company decide to total your vehicle? A total loss simply means the cost of repairs exceeds the value of the vehicle. Either your insurance company or the over driver’s insurance company can decide to total your vehicle, not you. If either insurance company considers your vehicle totaled, you must obtain a salvage title.

What if you think your car is repairable but the insurance company deemed it totaled?

The Ohio salvage laws can be a little murky. Attorney Charles V. Contrada can help you navigate through these laws and dealing with the insurance company.  Generally, the difference between a repairable vehicle and total loss is 80% of a vehicles value. For example, if you car is worth $2,000 and it would cost $1,600 to repair, the insurance company would generally consider your vehicle a total loss.

Just because the insurance company considers your vehicle a total loss, does not mean you cannot keep your vehicle. Under Ohio law, you can keep your totaled car, but the insurance company will not pay you anything until you have a salvage title. When you keep your car, you have to either get a salvage title or do or get the repair work done to get a rebuilt salvage title. When the insurance company takes possession of your car, they will sell it to a scrap yard and will be paid for whatever salvage value the car may still have.

When your vehicle is totaled and you want to keep the car, the first thing you must do is go to a title bureau to get a salvage title. To get your title switched to a salvage title you must bring the original title of the vehicle with a personal form of identification to DMV office that handles these specific types of titles. Note: once a salvage title for your vehicle has been issued, you are no longer able to drive it on any roadway.

I repaired my totaled vehicle, how do I get it back on the road?

If you repaired your totaled vehicle and want to get it titled to be legal to drive again you must apply for a Rebuilt Salvage Title. In order to get a Rebuilt Savage Title you must first get an inspection from the Ohio Department of Public Safety.  The Ohio State Highway Patrol will inspect the vehicle, including establishing proof of ownership and an inspection of the motor number and the VIN, and documentation or receipts for the materials used in restoration by the vehicle owner.  In Northwest Ohio, you must call the Findlay, Ohio DMV branch or the Highway Patrol and make an appointment. Once your vehicle passes inspection and a Rebuilt Salvage Title is issued, your vehicle is now legally allowed back on the roadways. For more information about the inspection process to get a rebuilt salvage title, please visit the DMV.

If you have been involved in a car accident and your vehicle was incorrectly considered a total loss by your insurance company, contacting a personal injury attorney sooner than later will make the legal process much easier.  Attorney Charles V. Contrada will explain your legal options, guide you through the legal process and assist you in dealing with your insurance company.

To speak to a personal injury lawyer about your car accident, call Contrada & Associates at 419.841.4400. When calling our office, you are able to speak directly with a lawyer about your car accident and the legal options that you have. You will also enjoy personal attention and face-to-face meetings with your lawyer throughout the entire legal process.

 

8 Jan 2015 Continue Reading

Does your Ohio Car Insurance Policy Include A Rider?

What is a Rider you ask? An auto insurance rider is an endorsement or change that is added to your insurance policy that adjusts coverage to better meet your needs.

The Most Important Car Insurance Coverage

Probably the most important type or rider coverage is uninsured/underinsured insurance. Uninsured / Underinsured coverage means that it pertains to drivers who do not have minimum coverage or do not have auto insurance at all. Uninsured/underinsured motorist coverage protects you and your family in case you are involved in an accident with a driver who is inadequately insured or not insured at all, but only up to specific limits. The Underinsured / Uninsured Coverage acts to increase the limits of the at fault driver’s. These types of riders could also help you if you are in an accident in a state that has a “no fault” accident laws such as Michigan. Underinsured / Uninsured Coverage is actually the least expensive rider you can add to your policy and is by far the most important when it comes to fully protecting yourself and your family.

What other riders are available to add to my insurance policy?

Other additional riders that could be available to you based on your insurance provider are roadside assistance which allows you to call your insurance company if your car breaks down and they will tow your car to a local repair shop to be assessed. Rental reimbursement will pay for all or some of your rental bill depending on the rider you choose, if your car is in an accident.

Why should I add a Michigan rider to my policy?

If you are an Ohio resident who travels to Michigan more than 30 days a year for a job, family, or recreational reasons, our car accident attorneys recommend asking your agent whether your car insurance policy will cover you in full for Michigan no-fault benefits if involved in a Michigan car accident. Explain your situation to your car insurance agent and they will be able to guide you in making the best choice regarding your policy coverage. If your car insurance agent is aware that you travel to Michigan on a regular basis and does not recommend providing coverage, you may later suffer financial consequences for not having this coverage, so know your options. If you were involved in a Michigan accident and are denied coverage, you could possibly take legal action against your car insurance agent.

If you have been involved in a car accident, contacting a personal injury attorney sooner than later will make the legal process much easier.  Attorney Charles V. Contrada will explain your legal options, guide you through the legal process and assist you in dealing with your insurance company.

To speak to attorney Charlie Contrada about a car accident in Michigan as an Ohio-insured driver, call 419.841.4400. Charlie has helped thousands of individuals with car accident claims and will explain the legal options that are available to you. Call Contrada & Associates for comprehensive legal guidance that will help you to receive the most favorable outcome.

30 Dec 2014 Continue Reading

Is Your Vehicle Under Insured?

The state of Ohio has changed the minimum liability coverage for all licensed drivers for the first time since Richard Nixon was president. If you have not updated your automobile policy since before 2013, you should take notice. The new minimum liability coverage policy was put into effect March, 2013.

Under the previous requirements, all drivers in Ohio must have insurance liability coverage that will pay up to $12,500 per person to cover injuries and medical expenses as well as $25,000 per accident and $7,500 for property damage per accident.

The new requirements double the injury liability and more than triple the property damage amount. Broken out, that means all Ohio drivers now must have insurance liability coverage starting at a minimum of $25,000 injury per person, $50,000 per accident, and $25,000 to cover damage to other driver’s vehicles and property. Check with your current insurance provider to make sure your auto insurance policy is in line with the new state minimum requirements.

What Happens If I Get Into An Accident And Only Have Minimum Coverage?

Purchasing more coverage than the minimum requirement could protect your assets in the event a very serious accident occurs. If you do not have adequate coverage, the law does allow the victim to take any assets the liable party has in their name in order to cover the costs of the damages.

Other than the minimum insurance requirement, you may also purchase optional insurance policies to help cover you in the case of an accident. Optional policies you can purchase as an addition to the minimum requirements are Collision, Comprehensive (other than collision) and uninsured / underinsured coverage.  It is important to note that uninsured / underinsured coverage amounts have not gone up even though the state minimum requirement has. Be sure to look at increasing the amount you have insured to be able to cover the new state minimum requirements.

If you have been involved in a car accident and are not sure if you or the other party is properly insured, contacting a personal injury lawyer sooner rather than later will make the legal process much easier. A personal injury lawyer with experience handling car accident cases similar to yours can help guide you through the legal process.

To speak to a personal injury lawyer about your car accident, call Contrada & Associates at 419.841.4400. When calling our office, you are able to speak directly with a lawyer about your car accident and the legal options that you have. You will also enjoy personal attention and face-to-face meetings with your lawyer throughout the entire legal process.

23 Dec 2014 Continue Reading

How long will my Personal Injury Lawsuit Take?

There is no definite answer to the length of time that a personal injury lawsuit takes to settle. The time is determined by multiple factors, including the client, your personal injury attorney, the case itself, and the amount of money that the case is worth.

Settling a Personal Injury Lawsuit

When going through the personal injury legal process, there are three main factors that play a role in the length of time that the lawsuit will take to settle.

  1. The incident or accident – if there are legal issues or undetermined facts associated with the case, the process will take longer.
  2. The money – if the compensation for a personal injury lawsuit is large, it is likely that the case will take longer to settle. In fact, many insurance companies will not settle a larger case unless a lawsuit is filed.
  3. Your injuries and recovery – the personal injury attorneys at Contrada & Associates do not recommend that clients settle a case before they have recovered from their injuries or have reached a point in which they are at their maximum improvement.

Your Personal Injury Accident

As stated above, if there are legal issues or factual disputes related to your personal injury case, it is likely that it will take longer to settle. In instances like this, your personal injury attorney may bring in experts on your behalf, which could include accident reconstructionists, expert witnesses, and others that can support your claim. However, the more experts and individuals involved with the case, the longer the lawsuit may take to settle.

The Worth of a Personal Injury Case

The more money that your lawsuit is worth, the longer it may take it settle. The worth of a lawsuit depends on a variety of factors, including the injuries sustained, the effect on the individuals work life (time off work, temporary or permanent limitations), emotional trauma, and the pain and suffering that has resulted from the accident, among other things.

Injury & Recovery Process

Your personal injury attorney will advise you not to settle your personal injury claim until you are fully recovered from your injuries, or you are at a point in which you know the permanent damage or limitations. The reason for this is because oftentimes, the recovery process may take longer than originally expected. For example, our attorneys have had clients in the past who have had to undergo follow-up surgeries that weren’t originally expected. If you decide to settle your lawsuit before you’re fully recovered or at a place where you know you are at maximum recovery, you may ultimately receive less money than what your medical expenses amount to in the end.

Personal Injury Attorney 

The best course of action to take to be sure that your personal injury lawsuit will be handled properly is to contact a personal injury attorney. Having an attorney guide you through the legal process will ensure that you are taking the appropriate steps toward a settlement and are not jeopardizing your claim.

To speak to one of the Toledo personal injury attorneys at Contrada & Associates, call 419.841.4400. When calling our office, you will be able to review your case with an attorney and learn what your legal options are.

 

30 Oct 2014 Continue Reading