Catastrophic is a big, four syllable word that has very unique implications in the legal world.
While there is no specific legal definition of catastrophic injury, you
hope never to have it apply to you or someone you love. It typically
includes someone whose injuries require multiple surgeries, a lifetime
of medical treatment and the inability to return to work. If someone
else caused you to end up like this, a sophisticated lawsuit might be in
your future.
In these lawsuits, there are large damages (the amount of money) which
necessitate lots of legal work. Insurance companies rarely roll over and
fully compensate folks who have sustained catastrophic harms and
losses. The creativity of the arguments and how your evidence is
presented will make a huge difference in the level of compensation you
obtain.
A key factor in determining if an injury is “catastrophic” is how
debilitating the injury is and to what extent it is expected to
continue. If you are unable to perform activities of daily living on a
long-term basis, you need to accurately and meticulously show this in
order to make sure you don’t get short-changed.
If your injury causes a permanent disability that prevents you from
earning a living, it is your obligation to obtain sufficient
compensation to take care of your family’s financial future. While the
law says the defendant is required to pay damages that “make the
plaintiff whole,” getting that evidence and presenting it to an
insurance company or jury is hard work.
In order to receive enough money to pay for all of the medical expenses,
lost income, pain and suffering and loss of quality of life, multiple
medical, vocational, economic and other experts must be utilized.
Be educated and picky when choosing an attorney to represent you. Your
attorney needs to have a thorough understanding of the legal, medical
and insurance process to obtain for you the “right” result. When your
injury is “catastrophic,” turn to a law firm with a proven track record
of representing its clients with experience, insight, dedication,
compassion and relentless drive.
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How You Can Help Your Personal Injury Attorney and Your Case
When you hire a personal injury attorney, you count on him to use his skills, knowledge, and insight to handle your case in a way that gives you the best opportunity to obtain the most compensation you deserve. While you are right to expect this from your attorney, there are things that you can do to help him do the best job possible. Here are four important considerations that will help your case:
- Get Information and Evidence. Gathering as much information and evidence immediately after the crash/incident can help preserve important details and can give your attorney a head start in assembling the evidence he or she will need to put on a strong case. Take pictures, get the names and contact information of any witnesses, and preserve any physical evidence you can.
- Don’t Delay Hiring an Attorney. If you have any desire to seek justice or get the help you need to recover from your injuries, retaining an attorney as soon as possible after your crash/incident is crucial. There are time limits for filing claims which differ based upon what happened to you – and some are extremely short. Also, memories fade, evidence disappears, and any insurance company involved is diligently working to find ways to avoid or minimize the amount they have to pay. Don’t give them that head start.
- Do NOT Negotiate or Enter into an Agreement with an Insurance Company. Insurance companies aren’t charities. They are in business solely to make money. One way they try to maximize their profitability is to resolve claims as quickly and cheaply as possible. They want you to settle for significantly less than your claim is actually worth so they tempt you with quick cash-flow. Don’t be tempted. If you start to negotiate with them without an attorney, you could be costing yourself significant amounts of compensation – even if you later choose to hire an attorney.
- Tell Your Attorney Everything and Listen to Him. Your attorney is there to fight for you. By working on a contingency fee basis, the attorney only gets paid if he wins. So he has an incentive to work extremely hard for you. In order to thoroughly understand your situation and develop the best strategy, he will need you to provide full and complete information about your ordeal and your injuries. Do not hold back anything; especially any information that you believe may hurt your case. It is important that you let your attorney know that now because it will come out at some point. Everything you and your attorney discuss is protected by the attorney-client privilege. Remember that. Also, if your attorney asks you to see a doctor or take (or not take) any other steps they deem advisable, they are doing so for a reason. A good attorney will explain what steps they need you to take and fully explain why those steps need to be taken.
The Goodman Law Firm: Experience, Success and Compassion in Ohio Personal Injury Law
Attorney Grant Goodman and his staff at the Goodman Law Firm in Cleveland focus only on personal injury, wrongful death and malpractice claims. With this focus comes skill that has led to millions of dollars in settlements and verdicts for our clients. Along with results, the Goodman Difference is passion and a personal touch. Let us show you what the Goodman Difference is about. Let us help guide you along the path so we can tell the best story to the insurance company, judge or jury. Call 216-928-9990 for a free consultation.
This article has been prepared by the Goodman Law Firm for informational purposes only and does not, and is not intended to, constitute legal advice. The information is not provided in the course of an attorney-client relationship and is not intended to substitute for legal advice from an attorney licensed in your jurisdiction.
Construction Zone Collisions. Some Tips for Staying Safe.
Road construction is still in full swing in Northeast Ohio. The statistics regarding accidents, serious injuries, and deaths in Ohio highway work zones are chilling. The National Transportation Safety Board and ODOT report that:
- 56,945 vehicle crashes occurred in Ohio work zones between 2003-2012
- 169 people died in vehicle crashes in Ohio work zones between 2002-2011 28 people died in 2002, the highest number of vehicle crash deaths in a single year in Ohio work zones
- 7 ODOT employees have been killed in construction zones in Ohio in the last decade from 2003 to 2012 19,988 of the total vehicle crashes were rear end collisions
Nationally, fatalities in highway construction and maintenance work zones averaged 778 from 1994 through 1999, 1060 from 2000 through 2006, and 669 from 2007 through 2012. In attempts to reduce these numbers, Ohio imposes steep penalties and fines for driving infractions in highway work zones. Fines for speeding are doubled, and drivers who kill a highway worker or others as the proximate result of committing a reckless operation offense in a construction zone can be charged with aggravated vehicular homicide, a third degree felony that can result in a prison term of up to five years and mandatory license suspension for three years to life
The most common causes of construction zone collisions are speeding, tailgating, disregarding signs and signals, inattentive driving, and improper or reckless merging. The Ohio Department of Transportation has a number of tips for driving safely in work zones, including:
- Don’t Speed. Obey reduced speed limits in work zones. It takes less than a minute more to drive through a two-mile work zone at 45 m.p.h. than at 65 m.p.h. One of the most common causes of work zone crashes is excessive speed. (Excessive speed has directly resulted in more than 1,500 work zone crashes since 2003 according to ODOT)
- Don’t Tailgate. Most collisions in work zones are rear-enders, totaling 19,988 of the total vehicle crashes on Ohio work zones between 2003-2012
- Stay Alert. Dedicate your full attention to the roadway. The traffic pattern in a work zone may be shifted, and lanes may be closed. Watch for orange work zone directional signs, obey flaggers and be aware of workers and equipment which may be moving in a lane near you.
- Be Patient. Traffic delays in work zones are unavoidable, but patience can prevent crashes.
As frustrating as construction delays may be, the few minutes you may lose by adhering to common-sense (and statutory) safety rules in construction work zones is nothing compared to what you, other drivers, and construction workers could lose in an avoidable collision.
The Goodman Law Firm: Experience, Success and Compassion in Ohio Personal Injury Law
Attorney Grant Goodman and his staff at the Goodman Law Firm in Cleveland focus only on personal injury, wrongful death and malpractice claims. With this focus comes skill that has led to millions of dollars in settlements and verdicts for our clients. Along with results, the Goodman Difference is passion and a personal touch. Let us show you what the Goodman Difference is about. Let us help guide you along the path and tell your story to the insurance company, judge or jury. Call 216-928-9990 for a free consultation.
This article has been prepared by the Goodman Law Firm for informational purposes only and does not, and is not intended to, constitute legal advice. The information is not provided in the course of an attorney-client relationship and is not intended to substitute for legal advice from an attorney licensed in your jurisdiction.
Nursing Home Abuse and Neglect in Ohio: When Trust is Broken
The decision and process of moving a loved one into a nursing home or assisted living facility can be emotional and difficult. When families ultimately find a place where they believe their loved one will be comfortable, safe and cared for, they put all of their faith and trust into the employees.
Sometimes, however, that trust is betrayed. When this happens, seniors suffer the pain, injuries, and indignity that comes from abuse, negligence and indifference. Their families are left with worry, anger, guilt and worse.
Nursing Homes and Assisted Living Facilities Often Have Serious Deficiencies
These facilities should provide our loved ones with comfort, safety and superior medical care. Unfortunately, a recent study conducted by the Kaiser Foundation found that 88% of Ohio’s assisted living facilities were deficient in some way. Many nursing homes are poorly staffed, caregivers often lack adequate training while others fail to ensure they are properly screen candidates to ensure they possess the medical knowledge and personal temperament required to care for our most tender generation.
Seniors and their families often spend a great deal of time researching a nursing home or facility and its personnel before making a decision to entrust them with the senior’s care. Nevertheless, that diligence may not reveal many of the problems that can wind up causing grievous harm to the facility’s residents.
There are a number of acts and omissions that put nursing home residents at risk and cause them serious injury. These can form the basis of claims for damages against the home or facility. These include:
- Medication mistakes
- Wrongful death
- Bedsores
- Physical abuse
- Financial misconduct and theft
- Malnutrition
- Sexual abuse
- Falls and drops
- Dehydration
- Inadequate care for Alzheimer’s disease and dementia
Claims Against Negligent Nursing Homes and Their Employees
Depending on the circumstances surrounding your situation, it may be possible to bring a lawsuit against several individuals and entities, including the facility, its employees or its owner. In addition to meeting with a personal injury attorney with experience handling nursing home and elder abuse cases, any abuse or neglect should also be reported to the Ohio Department of Health (ODH), Division of Quality Assurance, Complaint Unit.
Goodman Law Firm: Cleveland Nursing Home Abuse and Neglect Lawyer
The Goodman Law Firm in Cleveland represents individuals and families who have suffered the pain, trauma and indignity of nursing home abuse and neglect. The Goodman Law Firm zealously pursues accountability and compensation for the victims of nursing home or assisted living misconduct and negligence, and works with families to ensure that their loved ones are treated with the respect, dignity and care that they deserve.
Attorney Grant Goodman and his staff focus only on personal injury, wrongful death and malpractice claims. With this focus comes skill that has led to millions of dollars in settlements and verdicts for our clients. Along with results, the Goodman Difference is passion and a personal touch. Let us show you what the Goodman Difference is about. Call 216-028-9990 for a free consultation.
This article has been prepared by the Goodman Law Firm for informational purposes only and does not, and is not intended to, constitute legal advice. The information is not provided in the course of an attorney-client relationship and is not intended to substitute for legal advice from an attorney licensed in your jurisdiction.