Common Types of Personal Injury Claims

 

       Personal injury is a very broad field of law that includes several types of injury. Some may not know what you can file a personal injury claim for, so we are going to go a bit further into this field of law and explain some situations that may happen that you can and should file for if you fall under one of these categories.     

        

    The first instance would be a motor vehicle accident. Each year, millions of people are either injured, or killed in motor vehicle accidents. If you have been injured in a car accident, either as a driver, the passenger, or the pedestrian, you may be entitled to monetary compensation for your personal injuries and financial loss. Getting the right attorney could make a world of difference when filing these types of claims.

    Another instance would be if you have experienced medical malpractice. When a doctor, nurse, hospital, or other medical professional is being careless it often causes serious injury. Medical malpractice happens when a medical professional misdiagnoses you, gives you improper treatment, makes surgical, medical, or pharmaceutical errors, or causes injury to your child at birth (these are mistakes that are made during the delivery of your baby.) If you have experienced anything like this, then you could file a personal injury claim.

    There are many things that fall under the personal injury category, such as a wrongful death, nursing home abuse and neglect, animal bites, and food poisoning to name a few, but we want to talk about one more that we see get overlooked way too often and that is a workplace accident. When you get hurt while on the clock, generally you are not allowed to bring a personal injury lawsuit against your boss, instead you need to claim workers compensation. In doing this, your employer will be required to provide benefits to that injured employee. This can include medical treatment, temporary disability, temporary total disability, or a lump-sum payment. If you are ever injured at work do not hesitate to file. 

    

    At Badnell & Dick Co. L.P.A. we have personal injury attorneys with over 25 years of experience. If you are in a situation where you need help and don't know where to turn for your personal injury case, call us. We can help you win your case and the money that you deserve. 

    

      Disclaimer: The materials on this website are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. 

Workers Compensation: Are You Entitled to It?

 

    Accidents can happen at the most inopportune times. Being involved in a workplace accident is one of those times. Something happened at work and now you are injured or sick. What steps do you need to take to see if you are eligible for workers compensation? 

    First, take care of your injury. If you injury or illness requires medical attention, seek it out immediately. Secondly, report the injury to your supervisor, in writing if at all possible. Some states require that notice to the employer should be in writing, while others allow a verbal notice. A few states have a short filing date (referred to the statue of limitations), you need to file sooner rather than later so you do not lose any legal rights to workers compensation benefits. Try to do it within 30 days just to be safe. In lots of cases, an employee will fail to report their injuries because of fear of losing their job. That is why it's super important to find a skilled attorney if you have been denied the proper benefits or if you have just failed to receive adequate compensation.

    In Ohio, the statute of limitations is within 2 years from the date of injury or death; within 2 years from the date of payment of any compensation or wages in lieu of compensation; or within 2 years of authorized medical care.

    Now for the most important part of getting the correct workers compensation: the doctors report. This report will have a big impact on whether or not you receive the benefits you deserve or if you will be left with nothing. Please keep in mind that the doctor paid for by your employer's insurance company is not their for your benefit. Unfortunately, in the desire to get further business with your employer, a doctor may minimize the severity of your injury or try to pin in on a pre-existing condition. 

An attorney can also make sure that physicians other than the employer-approved doctors examine the claimant. This ensures the employee has the medical documentation needed to support their claim for benefits.

Most injured employees will be granted the maximum  benefits from workers compensation insurance when they use an experienced attorney. If you are located in Ohio, this is a result of the lawyer knowing a comprehensive understanding Ohio workers’ compensation system and can navigate their client through the process.

    Don't hesitate and miss out on your workers compensation benefits. Let the experienced attorneys at Badnell & Dick Company help you with your claim. We have the trial experience and proven results to try your case to a jury. Our experienced attorneys and staff  have the resources and know-how to help you obtain the maximum amount of benefits to which you are entitled. Call us at 800-234-9511 when you are in need. .

    

What To Do in the Case of a "Slip and Fall"

Slip and Falls can happen anywhere and anytime.

 Imagine yourself walking around the grocery store. Drifting in-between the aisles looking for items on your shopping list. You come across the frozen food section and as you're browsing the food in the fridge, you slip and fall on an unsuspecting puddle of water leaking from the air conditioner above. This is a prime example of a "slip and fall" case as it was the negligence of the grocery store that caused your accident and they will likely be responsible for the medical expenses and personal injuries you incurred from the incident. 

    To determine if your Slip and Fall should be pursued legally, you should speak to a personal injury attorney as soon as possible. Next, you should report your accident to the property owner or the highest ranking person in order to protect your legal rights and compensation amount. The liability of the Slip and Fall case usually falls squarely on the shoulders of the owner of the property in which the accident occurred. However, you must show that the owner was negligent and that the accident could have been avoided in order to continue with a case. 

    After contacting a personal injury attorney and solidifying the basis of your claim, it's time to help your attorney by collecting as much evidence as possible so that they can build a strong case and get you the financial settlement you deserve. 

   The important pieces of evidence you should always try and collect are: 

• Your clothing and shoes
• Any surveillance footage 
• Pictures of your injuries
• Medical records
• Pictures of the object or dangerous condition that caused your accident
• Witness statements
• Accident report

Be aware of comparative negligence and how it will affect your case. This is a procedure used in personal injury cases to determine what percentage of fault rests with the plaintiff and what percentage rests with the defendant. The amount of damages the plaintiff is rewarded will be reduced by their percentage of fault for the incident. 

    

    Let the experienced attorneys at Badnell & Dick Company take your claim and help you get legal coverage you deserve. We never work with insurance companies. We only represent injured people. While your medical bills add up due to the injury, insurance companies will try and force you to settle quickly, often far less than what your claim is worth. If your personal injury claim cannot be settled, the Badnell & Dick Company personal attorneys have over thirty years combined experience with proven results to try your case to a jury. Come visit our offices in Mansfield, Columbus, Dayton, Lima and Canton to hire one of our qualified and experienced personal injury attorneys 

    

Dog Bites Are Not Minor

Maybe you are walking along the street in your neighborhood, riding your bike, or getting out for that jog. As you are moving, you see that house that you don't really want to pass. You see it. The dog that lives there. The dog sees you and starts giving chase, and before you have a chance to react, you've been bitten. Perhaps the owner saw and reacted, or maybe they did not. Regardless, you are now injured.

A dog’s front teeth will grab and compress your tissue, and their smaller teeth can also tear your skin. The result is an open, jagged wound, so you need to immediately follow these 7 steps to care for the injury. 

1. Wash the wound. Use mild soap, and run warm tap water over it for five to 10 minutes.
2. Slow the bleeding with a clean cloth.
3. Apply over-the counter antibiotic cream if you have it.
4. Wrap the wound in a sterile bandage.
5. Keep the wound bandaged and see your doctor.
6. Change the bandage several times a day once your doctor has examined the wound.
7. Watch for signs of infection, including redness, swelling, increased pain and fever.

The last step is the most important because, according to Cleveland Clinic emergency medicine physician Stephen Sayles III, MD, infection is the biggest danger from a dog bite. No matter what, make sure you see a doctor within eight hours of a dog bite, he says. Waiting longer raises your infection risk. If you have diabetes or are immunocompromised, your infection risk is even greater.

After that, you need to report the dog attack to animal control, identify any possible witnesses, and speak to a personal injury lawyer who has experience with cases that involve dog attacks.

Be sure to document the attack with photographs or a video recording. Take photos early and often with a cell phone or whatever you may have available. This will show the severity of the wound and can help during the case.

In Mansfield, Lima, Dayton and Columbus, the attorneys of Badnell & Dick, LPC stand ready to help you. Our attorneys will handle all telephone calls, correspondence and negotiations with insurance companies on your behalf. We will also find healthcare providers to treat your injuries. There is never a fee to you unless you are awarded a settlement for your case. You are entitled to aggressive representation to protect your rights.