Learned Hand, Federal Judge
Legal Aid Society of New York 75th Anniversary, February 16, 1951
Personal injury is the general term used to describe any case in which a person is injured by the actions of another. Typically, these claims stem from a negligent (careless) action, such as when a person is rear-ended by a driver who is not paying attention to traffic, however, there are times when someone is injured intentionally, such as in an assault. In addition, some personal injury claims stem from something called strict liability, which is where you don’t have to prove that the person causing harm was negligent, such as in a dog bite case.
In Ohio, the law says that persons who suffer physical injury at the hands of another are entitled to be made whole, which is the legal term for returning someone to their pre-injury state. Since, unfortunately, there is no way to turn back time and prevent the injury from occurring, the only way a person can be made whole is to compensate them with money.
There are many types of claims that fall under the umbrella of personal injury. Here are a few examples:
When a person is injured their life can often feel like it has been turned upside down. Unfortunately, some insurance companies try to capitalize on the vulnerabilities of injured persons, who may not be fully aware of their rights. They quickly persuade the injured person to settle a claim for a small amount of money before the full extent of the injuries are even realized. It is not unusual for these initial insurance company offers made to individuals to omit certain damages to which an injured person may be entitled.
Having professional representation by a trustworthy lawyer provides a protective wall around the injured person and their family. A lawyer can also educate you on your rights, such as the types of damages you can claim, the different methods of recovery and theories of liability, and the time limits in which claims must be brought. In addition, there are often other issues that must be addressed during an injury claim, such as medical insurance payments and reimbursement, which insurance companies frequently do not disclose to an unsuspecting injured party.
Not all injury claims require legal representation, but even for those who choose to proceed with the claim on his or her own, it can still be very helpful to speak with a qualified attorney about your rights prior to dealing directly with the insurance company.
If you or a loved one have been injured, contact us to learn about your rights.