AuthorCharles V. Contrada

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3 Mistakes Car Accident Victims Make

After being involved in a car accident, there are certain steps to take that are recommended for your personal injury claim. Attorney Charlie Contrada has explained each step that a car accident victim should take when filing a personal injury claim, explained in our blog post, Filing a Car Accident Claim.

Contrada & Associates feels that it is also very important to share the three most common mistakes that car accident victims make after being involved in an injury accident. By avoiding these mistakes, you can prevent putting your personal injury claim in jeopardy.

Early Mistakes in Car Accident Claims

Medical Attention:

The first mistake that people involved in car accidents make is not seeking medical attention right away. Visiting your doctor or a hospital following your car accident is not only important to your health, but also to your personal injury claim. Some car accident victims think that the pain and discomfort that they have following a car accident will go away after a few days, but then find out two weeks later that their pain has worsened. While waiting to see a doctor is somewhat of a common mistake, it can seriously jeopardize a personal injury claim. The insurance company will argue that the injuries sustained in the accident couldn’t be too serious if it takes the individual two weeks to seek medical attention.

Many individuals who are in top physical health are under the illusion that the symptoms of a car accident injury are akin to a sports injury. For example, the pain experienced after an intense weight-lifting workout that goes away after a couple of days.

Contrada & Associates’ advice: If you are injured in a car accident, seek medical attention immediately.

Recorded Statement:

It is not advised to give the other driver’s insurance company a recorded statement following a car accident. Some car accident victims make this mistake and then find that their words have been used against them later in the legal process. Oftentimes recorded statements are misused by insurance companies to somehow blame you of causing part of the accident. Generally when statements are misues, we have to file a lawsuit to sort it out. You will have to give your own insurance company a statement regarding the accident, or they can have grounds for denying coverage.

Contrada & Associates’ advice: Never give a statement to the other driver’s insurance company and consult your personal injury lawyer before giving a statement to your own insurance company.

Collect Contact Information:

In the hectic aftermath of a car accident, some people may forget to get the contact information of the other driver involved. It is helpful to obtain the other driver’s full name, address and phone number. The most important information to get is the other person’s insurance company name.

In many cases because of injuries, you are physically or mentally unable to obtain this information. In many jurisdictions, the police no longer share information about the other driver. So, if you are unable to get the information yourself, you may not be able to find out who caused your accident or what insurance company they have until you are able to receive a copy of the police report.

If there are witnesses to the accident, it can also help your claim to obtain their information so your personal injury lawyer can contact them.

Contrada & Associates’ advice: Keep a small booklet and pen in your glove box with the list of all information that you must obtain if involved in an accident so you don’t forget to collect something. Ask to see their insurance information, which by law should be kept in their vehicle.

Car Accident Lawyer

One of the best things that you can do after being involved in an accident is to contact a personal injury lawyer. There are several legal matters that can be addressed immediately following the accident, so having the guidance of an experienced lawyer is very important.

To ask a personal injury lawyer at Contrada & Associates about your car accident, call 419.841.4400. You can discuss your accident over the phone or come into the office for a meeting with attorney Charlie Contrada. Our office believes in offering clients the personalized service that they deserve, helping them to fully understand their legal options and the car accident settlement process.

Defective Product Caused Personal Injury

There are several things that can happen to someone if they are injured by a defective product. The results of such products can not only include personal injury, but also death. The personal injury lawyers at Contrada & Associates help victims of defective products file legal claims and seek compensation for the injuries that have affected their lives.

Contrada & Associates has extensive experience with product liability claims. This specific type of claim is issued when a defective product causes injury to an individual. The injuries that may result from defective products vary, but may include things such as fractured bones, severe sprains, burns, blindness, and serious injuries to the head.

Product Defect Liability

The manufacturer or seller of a product may be held liable in a product defect claim. Reasons for product liability lawsuits include the following:

  • Design defects – obvious flaw in design that caused individual harm
  • Manufacturing defects – defects in the manufacturing of the product
  • Marketing defects – failure to warn of hazards related to the product; improper safety instructions (example: cars, tires, small appliances)

When injured by a defective product, our personal injury lawyers remind you to NOT dispose of that product. It is imperative that you keep the defective product and take photos of the product itself and the injuries that it caused. You must have the product to pursue a defective products claim.

Personal Injury: Product Liability Claim

If you have by injured after using a defective product, you have the right to pursue a product liability claim. The first step in pursuing a claim and seeking compensation for the injuries that you’ve sustained is to contact a personal injury lawyer with extensive knowledge and experience in product liability.

Contrada & Associates handles claims involving defective products and have helped many victims receive compensation for the injuries they have sustained. We work closely with all of our clients to ensure that they are fully informed throughout the entire legal process. To speak to a personal injury lawyer at our office, call 419.841.4400 and will be able to review your accident and injury directly with a lawyer and learn the next steps that you should take toward compensation.

Dog Bite Attack: What are my options?

Dog bite attacks can be very serious, often resulting in injuries as well as permanent damage. Our personal injury lawyers have seen the result of dog bite attacks that range from multiple scratches to permanent disfigurement.

Ohio’s dog bite law states that the owner of the dog is liable for the injury of another individual if it is caused by the dog. This means that if you are attacked by a dog and suffer injuries, you can pursue legal damages against the owner of the dog. However, most people cannot pay for medical bills and injuries, so unless there is home owners or renters insurance, most lawyers will not take the case because they will be unable to get you compensation. Usually the dog bite lawyers at our office would refer those individual to small claims court.

Dog Bite Claim

When involved in a dog bite attack, there are certain steps that our dog bite lawyers recommend taking in order to ensure that your claim will result in the compensation that is deserved.

Seek Medical Attention for a Dog Bite

The first thing t do after a dog bite attack is to seek medical attention. Generally most people choose to visit a doctor or emergency room for their dog bite injuries. This puts you in a better position for your health and they can professionally clean the wounds.

Take Photos of the Dog Bite Injuries

Take photos of the dog bite injuries before and after receiving medical attention. This will show evidence of the harm that the dog caused you after your injuries begin to heal. You will also want to present these photos to your personal injury lawyer.

Generally, if you go to the emergency room, they are required to report the dog bite.

File a Police Report

Filing a police report after a dog bite is required by Ohio law. This helps to support your dog bite injury claim, as well as prevent the dog from attacking another individual in the future. You can visit your local police station to file the report of where the dog bite attack happened, the date and time of the attack, where you suffered injuries, and the name and address of the dog owner.

Dog Bite Lawyers in Ohio

The personal injury lawyers at Contrada & Associates have helped dog bite victims to receive compensation for their injuries and the effect that the dog bite attack had on their lives. If you would like to speak to a personal injury lawyer about your dog bite attack, call our office at 419.841.4400. We will help you to file a dog bite claim and ultimately receive justice for your injuries while preventing the same thing from happening to another individual.

Types of Compensation for Wrongful Death Case

When an individual loses a loved one in an accident, they are often able to purse damages for their loss. Those who are able to pursue compensation in a wrongful death case include spouses, children, and parents, and there are five different types of damages that are awarded to the loved ones of the decedent.

Wrongful Death Case: Types of Damages

The five different types of damages that are pursued in a wrongful death case include the following:

  1. Loss of Support – this type of damage compensates loved ones for the lost earning capacity of the decedent. To determine the amount awarded for loss of support, there are several factors that are taken into account.
  2. Loss of Services – the beneficiaries of the decedent are able to pursue this form of compensation. The loss of services include things such as household chores, work performed at a business, or things such as a grandparent offering daycare services to a grandchild. The beneficiary would be able to pursue damages that amount to the value of the services that will no longer be provided by the decedent.
  3. Loss of Society – losing a loved one does not just mean losing their financial contributions, but also the loss of their companionship, care, advice, guidance and more. This type of wrongful death damage allows loved ones to receive compensation for the things that cannot be directly related to a dollar amount.
  4. Loss of Prospective Inheritance – when someone’s life ends sooner than expected, there is a loss of prospective inheritance as the inheritance received by beneficiaries will differ had they lived a full life.
  5. Mental Anguish – when unexpectedly losing a loved one, there is a great deal of pain associated to the loss. Mental anguish allows beneficiaries to pursue damages for the emotional pain that results from the death of their loved one.

Filing a Wrongful Death Claim

It is important to realize that only the estate of the deceased can bring on a lawsuit. The estate can bring on the wrongful death lawsuit on behalf of all the beneficiaries. If the beneficiary cannot decide how to allocate the proceeds from the wrongful death claim, the probate court decides.

If you have lost a loved one in a wrongful death accident, it is very important to seek the guidance of a wrongful death lawyer. In order to ensure that the proper claims are made for damages, beneficiaries should hire an experienced lawyer.

Contrada & Associates is able to work on behalf of your family to help you receive the compensation that is deserved for the loss of your loved one. To speak to a wrongful death lawyer at our office about your wrongful death case, call 419.841.4400.

What to Do at the Scene of a Car Accident

When involved in a car accident, things can seem to be moving a million miles a minute. It is important to stay calm, ensure the safety of you and your passengers if on a busy road, and get information from the other motorist involved.

Call the Police after a Car Accident

Immediately following your car accident, you should call the police. Doing so will allow a police officer to get to the scene of the accident, ensure that everyone is safe, block traffic if necessary, and file a police report.

Exchange Information with Other Driver

It is very important to try to exchange information with the other driver if they are willing after a car accident. When doing so, make sure you get the following:

  • Name
  • Address
  • Phone number
  • Insurance information
  • Car insurance information

Following the accident, ask to see the other driver’s car insurance card. Having all of the necessary information will make the insurance process much easier.

Taking Pictures of the Accident

Taking photos of the scene of the accident can be important for your car accident claim. If you are physically able to do so, use your cell phone to take photos right after the accident, documenting the damages that resulted. When doing so, take a picture of the location of the vehicles, documenting where they came to rest after the collision. You will want to share these photos with your car accident attorney because the more information that they have, the stronger that your case can be.

Our personal injury attorneys remind you that your physical health is more important than capturing photos of the accident, so do not risk further injury by taking photos.

Seek Medical Attention

It is a good idea to seek immediate medical attention following a car accident because for most people, the adrenaline will kick in and they may not experience symptoms at the scene of the crash. In attorney Charlie Contrada’s experience handing car accident cases, he has seen the onset of symptoms vary:

  • 40% of people experience injury symptoms at the scene of the crash
  • 20% experience symptoms later that day
  • 30% do not experience symptoms until the following morning
  • 10% do not experience symptoms for a day or two after the accident

Attorney Charlie Contrada believes that most family practice physicians would agree with the percentages above. If you experience any injuries or pain at the scene of the car accident, it is imperative that you see a medical professional.

Many car accident victims do not seek medical attention because they think “the pain will go away,” or that “it’s not that serious,” but this way of thinking can negatively affect your personal health if you don’t receive medical attention.

Personal injury attorney Charlie Contrada has seen many instances of men and women in excellent health and good shape that are under the illusion that their injuries following a car accident are similar to the pain following an intense physical workout. What these car accident victims do not seem to realize is how many thousands of pounds of force it took to crush their car in or push their car forward an entire car length from a resting stop. For example, our office did a fundraiser for a local high school where people could pay to take a sledgehammer to a car. Only the strongest high school students were able to put a dent in the car with a sledgehammer. It takes a lot of force to damage a vehicle.

The insurance companies will look closely at how soon you seek treatment following your car accident and use it against you if you delay treatment for very long. When it comes to receiving treatment for car accident injuries, it’s always better to be safe than sorry.

Contact a Car Accident Attorney

If injuries have resulted from your car accident, contacting a car accident attorney will not only make things much easier for you, but also increase your chances of receiving a favorable personal injury settlement. They will work on your behalf, communicate with the insurance company, and go through all of the necessary legal steps.

Car Accident in Toledo

When involved in a car accident, doing the above will help your car accident claim. If your accident occurred in the Toledo area, call Contrada & Associates for guidance regarding your car accident claim. Our attorneys have handled thousands of car accident cases and can help you to receive the compensation that you deserve. Call 419.841.4400 to speak with an attorney about your accident and receive advice regarding the steps that you should take.

Can I handle my personal injury case myself?

There are many forms of personal injury that an individual can suffer from, one of the most prevalent being injuries sustained in a car accident. When someone is injured and pursues a personal injury case, they should do so under the guidance of an experienced personal injury attorney. Filing a personal injury claim allows an injured individual to receive compensation for the injuries sustained to cover things like medical bills, time off work, emotional distress, and pain and suffering. Personal injury claims can also include missing out on things such as family weddings and get-togethers, losing vacation due to the injury, and having to pay for service that wouldn’t be needed otherwise, such as housekeeping and transportation. If a professional is not working on your behalf, you may not receive the compensation that you deserve.

Paying a Personal Injury Attorney

What many people do not realize about hiring a personal injury attorney is that the attorney doesn’t get paid unless you do and the money that the attorney receives from working on your case is based on the settlement amount. Therefore, you will not find yourself in a position in which you have to pay an attorney for their services with money that you do not have. An attorney will likely help you to ultimately receive more compensation than you would otherwise, even after they receive their payment. This type of payment is referred to as a contingent fee. Most attorneys base their services off of contingent fees since most working people could not afford to pay their lawyer on an hourly basis. Contingent fees are good for the client of a personal injury case because they will not have to pay their attorney until the time of the settlement. These fees are also good for the attorney because they are motivated to get their client the most favorable settlement possible as their payment is directly associated with the compensation that is received.

Personal Injury Attorney in Toledo

If you have been involved in an accident that has resulted in a personal injury and you would like to pursue a case, your best option is to contact a personal injury attorney. Having a professional working on your behalf will help you to receive the most compensation in the long-run and will make the entire personal injury legal process much easier. To speak to a personal injury attorney at Contrada & Associates, call 419.841.4400. When calling our office, you will not only be able to review your case with an attorney, but also receive the advice and guidance to help you with your case.

How does a preexisting injury affect a car accident claim?

Many people live with injuries that could possibly affect their claim in the event that they are involved in a car accident. Some of the injuries that would be considered a “preexisting condition” in this type of situation would include a bad back, previous neck pain, knee injuries, and many other things.

Personal Injury Claim: Preexisting Conditions

A great number of people live with preexisting conditions. For example, if a 25-year-old man suffered a back injury five years prior from playing football with friends, he may experience days every now and then in which his back aches, but nothing to the extent of him being unable to walk or perform daily responsibilities. However, if that man was then involved in a car accident today, he may suffer a more severe injury to his back that affects his daily life and could possibly cause him to take time off work, short-term or long-term. While this is a definite change in the everyday pain and burden the injury has on the man’s life, the insurance company would consider this an “aggravation of an existing condition.” The injured man would not receive the full amount of compensation from his car accident claim that he would have received had the back injury five years prior not occurred.

Preexisting conditions can be defined in a car accident case even if the individual themselves are unaware that they have the condition. There are some people who may have arthritic changes in their neck or back; changes that do not cause pain or affect the individual in any way. For example, if a 60-year-old woman was involved in a car accident that caused a neck injury, she would go see a medical professional for treatment. Tests would be done to identify the extent of the injury and the results would be shared with the woman, as well as the insurance company. If this woman was beginning to experience arthritic changes in her neck and spine, once again changes that do not affect her in any way at this point in her life and would not have affected her for years, the insurance company would still consider this to be a preexisting condition. The young woman would not receive the same amount of compensation due to the defined “acceleration of an existing condition” that the tests would show.

The notion of a preexisting condition is foreign to some car accident victims. Many individuals do not realize that an injury experienced on the football field years ago, or a shoulder injury that happened in the past can significantly affect their settlement if involved in a car accident.

Preexisting conditions can also be the result of a previous car accident. There is a chance that someone suffered an injury in a car accident at one point in their life and then was involved in a second car accident, whether it be years later or just a short time after. This once again could significantly affect the compensation that the individual might receive in a car accident settlement had they not been involved in a prior accident.

If you find yourself in a situation in which you have been involved in a car accident and have suffered an injury that may be considered a preexisting injury, it is imperative to seek the guidance of a car accident attorney. To speak to attorney Charlie Contrada regarding your accident, the injuries suffered, and what your legal options are, call 419.841.4400.

 

Does Health Insurance Cover Injuries from a Car Accident?

A question that car accident victims may have is whether or not they have coverage for injuries in the event that they are in an accident with an uninsured or underinsured driver.

Health insurance should cover medical expenses that are related to your car accident, but the insurance company will normally expect to be reimbursed. Since the injuries are caused by another individual, the health insurance company would expect to receive a portion of the settlement that is given for the car accident, which is referred to as subrogation.

There are also instances in which your health insurance would pay for your medical expenses once your car insurance coverage has been exhausted.

Don’t Give Car Insurance Info to Medical Providers

There is an unfortunate trend of medical providers asking car accident victims for their car insurance information. Our car accident attorneys consider this to be unfortunate because hospitals ask car accident victims for this information sometimes as they are being wheeled into the emergency room on a backboard – they are not in the right state of mind and are not fully aware of why they are being asked this question, but they often answer anyway.

Giving your car insurance information to a medical provider can often result in them billing your car insurance company instead of your health insurance because they are able to get more money by going this route. However, this is not the best scenario for the individual who is being treated and may result in them experiencing a financial burden.

Healthcare Providers Billing Car Insurance

Oftentimes the medical providers refuse to bill the health insurance company in a car accident even though they are required to do so. Healthcare providers realize that they may be able to get more money billing the car insurance than by billing your health or medical insurance.

It is our personal injury attorney’s advice to never give any healthcare provider any information regarding car insurance. Give them your health insurance information only.

As we explained above, medical providers may ask for car insurance information right in the emergency room. If the medical provider does go through your car insurance for payment, they will get paid through the medical payments insurance of your policy that is meant for deductibles and copays. This can then result in you having to pay future medical bills out of your own pocket.

The situation explained above is yet another reason why hiring a car accident attorney is so important. They can help guide you through the legal process as it can become very complicated.

To speak to an experienced personal injury attorney about the accident that you were involved in and the options that you have regarding your personal injury claim, call Contrada & Associates at 419.841.4400.

 

Protect Yourself from Car Accident Medical Expenses

To protect yourself from medical expenses that result from a car accident, the best thing to do is to ensure that you have uninsured and underinsured motorist coverage. This type of car insurance coverage will protect you in the event that you are in an accident with a motorist who has minimum liability coverage or no car insurance at all.

If you check the minimum automobile liability in your state, you can gain a better understanding of how important uninsured and underinsured motorist coverage is. If the minimum liability is low, there is an even greater need to protect yourself by purchasing uninsured and underinsured motorists coverage.

Minimum Liability & Uninsured/Underinsured Motorist Coverage

The minimum liability for car insurance in your area affects the need for uninsured and underinsured motorist coverage. The lower the minimum liability, the greater the financial strain for someone who is injured by a motorist with minimum coverage.

For example, the popular advertisements that you hear on the radio for low car insurance that can be obtained in just 15 minutes or less can result in major headaches and financial issues. While minimum liability keeps a driver legal for the road, it does not do much in the event that a serious car accident actually occurs.

When a motorist with minimum liability causes a car accident that injures another individual, it is likely that they do not have the insurance to cover the injured individual’s medical expenses. This is why it is very important for car insurance policies to include coverage above the minimum, including uninsured and underinsured coverage, along with other car insurance policy add-ons.

Purchasing Car Insurance 

Attorney Charlie Contrada stresses the importance of meeting face-to-face with your insurance agent when purchasing your car insurance policy. It is imperative to have the coverage that protects you and your family. The additional coverage is often a minimal cost per month but can make a significant difference if you are involved in an accident.

To learn more about the importance of a car insurance policy with full coverage, refer to our blog post that highlights the types of car insurance and the necessary components for your policy. As explained above, it is important to purchase car insurance under the guidance of your car insurance agent in a face-to-face setting so you can be sure that you are purchasing the policy that will protect you and your family.

What is my personal injury case worth?

The value of a personal injury case depends on a variety of things. There are many factors that will affect the compensation that may be received in a personal injury settlement, ranging from the cause of the personal injury (i.e. car accident), to the severity of the injuries sustained.

Factors Affecting a Personal Injury Settlement

Below Attorney Contrada has listed the common factors that go into determining how much a personal injury case is worth.

  • The incident – The incident that caused the personal injury affects the worth of the case. For example, if a car accident caused your personal injuries, there will be several things considered, such as the seriousness of the accident, the impact of the collision, liability (who is at fault) and property damage that resulted. A car accident attorney can help you to gain a better understanding of how the car accident you were involved in will affect the worth of your personal case.
  • Injuries – The injuries that may result from an accident vary. An individual in a vehicle may suffer severe injuries after a collision, while another passenger in that same vehicle could only suffer from minor injuries. For example, a past case that attorney Charlie Contrada handled involved a car accident with four boys in on of the vehicles – two of the boys suffered no injury, one suffered whiplash, and the fourth died in the accident. The injuries that are sustained are specific to each individual and play a major role in the worth of the personal injury case.
  • Medical Expenses – Just as the severity of the injuries affect the worth of a case, so do the medical expenses. If multiple surgeries are required and the individual must undergo months of physical therapy, their personal injury case may be worth more in order to cover those expenses. Pre-existing conditions can also play a role in the value of the case. For example, someone who has a bad back prior to a car accident then aggravates the pre-existing condition in the accident. While their symptoms worsen as a result, the value of the case lessens because it is a pre-existing condition. To ensure that the proper compensation is received to cover all the medical expenses from an injury, it is imperative to hire an experienced attorney to guide you through the process.
  • Lost Wages/Time off Work – When an injury causes an individual to take time off of work, resulting in lost wages, the value of their personal injury case increases. Oftentimes individuals must take time to recover after injuries, resulting in either lost or reduced pay. There are also instances in which an individual can no longer return to their job at all. This lost earning potential plays a major role in the value of a personal injury case, however it does depend on the career of the individual.
  • Pain & Suffering – Injuries sustained in a car accident can cause significant pain and suffering for an individual. This includes many things, such as the inability for a parent to attend their child’s sporting events due to their condition, or no longer being able to travel long distances to see family members due to pain experienced from the injury. A car accident attorney can help to document the effects of your accident, which then affect the value of your personal injury case.
  • Emotional Distress – The emotional effects of a personal injury can cause a significant impact on an individual’s life. This is also considered to be a factor when determining the value of a personal injury case.

Hiring a Personal Injury Attorney

It is very important to your personal injury case that you have an attorney representing you. With so many factors affecting the value of a case, having a professional working on your behalf increases the chances that you will receive a favorable settlement.

The personal injury attorneys at Contrada & Associates have helped countless personal injury victims to receive the compensation that they deserve. Attorney Charlie Contrada has over 30 years of personal injury experience, helping clients throughout Northwest Ohio. If you would like to speak to attorney Contrada about the incident that caused your personal injury, call 419.841.4400. You will be able to speak directly with Charlie, explain the accident that occurred, and receive guidance on the steps that you should take regarding your personal injury claim.