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Personal Injury FAQ

Personal Injury Frequently Asked Questions

The personal injury attorneys at Minnillo Law Group understand that being injured in an accident can be a confusing and overwhelming experience. You probably have a lot of questions about what to do next and how to protect your legal rights. To help you get started, we have compiled a list of answers to some of the most frequently asked questions about personal injury law.

A personal injury is any type of physical or emotional injury that occurs due to the negligence or wrongdoing of another person or entity.

You may have a personal injury case if you were injured due to someone else’s negligence or intentional misconduct. One of our experienced personal injury attorneys in Cincinnati and the surrounding areas can evaluate your case and advise you on how to proceed.

Compensation for a personal injury can include damages for medical expenses, lost wages, pain and suffering, and more.

When the weather turns cold and holidays are looming, you likely hustle and bustle between a lot of different stores to get everyone close to you the perfect gift. Along the way, you may encounter some icy sidewalks or parking lots in your shopping adventures.

If you slip and fall and literally break your leg outside one of these stores, what are you supposed to do? Is the store liable for your injury?

Premises liability

First, you should know that you are not alone. Slip-and-fall accidents lead to 1 million emergency room visits yearly in the United States. About 5% of those who fall fracture a bone.

Second, Ohio and Kentucky business owners are expected to keep their sidewalks and parking lots clear of ice during business hours. They also are supposed to insure to wipe up wet spots on their floors, so customers don’t fall. Business and property owners have premises liability for injuries that occur because of their negligence.

Proving negligence

If you receive an injury because after falling because of ice or snow outside, or on a slippery floor, you’ll need to prove the business owner was negligent in keeping the surface outside or inside their business clear. Sometimes, weather conditions change so rapidly a business owner may not realize ice has developed on a sidewalk or parking lot. If a spill inside a business just occurred a couple minutes ago, a business owner likely isn’t negligent for not cleaning it up immediately.

To have a business owner held liable for your slip-and-fall injury, you will need to prove:

  • That any obstacle or hazardous condition was present long enough for a store employee to take care of it.
  • That there wasn’t a warning sign alerting you of a slippery floor, icy sidewalk, or another hazard.
  • That you fell because of poor lighting.

A store owner may dispute your claim and try to show how regularly they clear their sidewalks, parking lots, and floors to prevent customer falls. In Kentucky, a judge may decide you were partially responsible for your fall. However, you still may receive some damages to help cover the costs of treating your injury and for your pain and suffering.

Holding a business owner accountable for failing to maintain the safety of their customers is important. It’s not only to your benefit if you win your personal injury claim, but it also will likely prevent future customers from facing the same dangers.

After you’ve filed a claim with your insurance company, a denial can seem like the end of a conversation. However, that does not have to be the end of your claim. Working with an attorney throughout this process can ensure that you have the documentation you need and that insurance companies take your appeal seriously.

Consider the reason why

The first thing to consider after your claim was denied is why the claim was denied. Your claim may have been denied for a wide range of reasons, but knowing the reason that your insurance company gives can give you an idea of what your next steps will be. You might think it’s too early to contact an attorney immediately after your claim has been denied, but the truth is that an attorney can help you determine what course of action will be best for you.

Appealing the claim

One option available to you is appealing the denied claim. Most insurance policies have a process for appeals, and an attorney can help you collect the documentation and evidence required for that appeal. They will also negotiate on your behalf to ensure that you are paid fairly for your claim.

If you believe that your insurance provider has acted in bad faith—whether by refusing to investigate or accept evidence, fabricating evidence in order to avoid paying for the claim, or other unfair actions—your attorney can also help you file a lawsuit. Because these lawsuits have a statute of limitations, contacting an attorney as soon as possible can be essential.

If you are injured in an accident, the first thing you should do is seek medical attention. Even if you don’t think you are seriously injured, it is always best to have a doctor take a look. Once you have been seen by a medical professional, you should contact an experienced personal injury attorney.

Minnillo Law Group has experience handling all types of personal injury cases including car accidents, truck accidents, motorcycle accidents, slip and fall accidents, and more. We will investigate your case, gather evidence, and work to secure the maximum compensation possible for your injuries.

Even if the other driver doesn’t have insurance, you may still be able to recover compensation for your injuries. Our personal injury attorneys will work with you to explore all of your options and help you get the financial relief you need and deserve.

Distracted driving includes a variety of driving behaviors drivers unfortunately engage in every day. There are generally three types of distracted driving including cognitive distractions, manual distractions and visual distractions. Cognitive distractions remove the driver’s attention and focus from the roadway, manual distractions remove the driver’s hands from the steering wheel for example, and visual distractions remove the driver’s eyes from the roadway. Texting while driving is considered particularly dangerous because it combines all three forms of distracted driving behaviors.

While the criminal justice system will move to begin punishing the other driver, you may find yourself in a hospital or recovering. You may not necessarily know what is going on with the criminal case, but you should understand that the criminal case has nothing to do with your injury. Criminal law is between the government and the individual at fault.

Your injury, however, is between you and the other driver. If you have:

  • Serious injuries such as broken bones, burns or traumatic brain injuries
  • Lost time at work while recovering
  • No longer have transportation
  • Significant challenges ahead as you move on

Then you may have the basic qualifications for a personal injury suit. The next step for you is to reach out to an attorney to find out exactly what your next steps should be.

Many personal injury attorneys work on a contingency fee basis, which means that you will not owe any fees unless the attorney recovers compensation for you. Minnillo Law Group offers free initial consultations, so you can learn about your legal options without any obligation.

After getting into any kind of car accident, everyone knows that you should get medical treatment, take pictures of the accident and, of course, contact an attorney. But once you speak to an attorney, what happens? When you choose someone to represent you, how much control do you have?

Everyone in Ohio and the rest of the country has the right to use the legal system to get the compensation they deserve after an injury. The relationship you have with your attorney after you’ve hired them is somewhat up in the air. That doesn’t have to sound scary. All this means is you get to decide what you want from your attorney.

What do you want from your attorney?

The claims process is a part of how you reclaim your control after an accident. You might feel out of your depth, but that’s the wrong mindset. Put yourself in the driver’s seat and ask yourself:

  • Do I want to be involved in every step?
  • Do I want a fast process?
  • What is my goal?
  • How far am I willing to go?

These seem like simple questions to answer, but they can guide you through what may be a particularly trying moment. For some people, it may be that they want an attorney who will do everything and tell them how it turned out when it’s all over. Others may want an attorney that keeps in contact with them throughout the entire process from beginning to end.

You probably have questions of your own relating specifically to your situation. In a free consultation, an experienced attorney at our firm can answer your questions and explain how they can help you get the personal injury compensation you deserve.

Get Your Personal Injury Questions Answered with a Free Consultation

Contact us today to arrange a free initial consultation with an attorney in a no-pressure setting. We have convenient locations near you with offices in Cincinnati and Dayton.

DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.