What are the damages that can be claimed in a personal injury case?

What are the damages that can be claimed in a personal injury case?

In the realm of personal injury claims, the term “damages” signifies the financial compensation that a plaintiff seeks through legal action. These damages aim to alleviate the hardships caused by an injury or harm, aiming to restore the injured individual to their pre-incident condition.

We understand the importance of comprehending the various types of damages available in personal injury cases, especially here in Columbus, Ohio.

Types of Personal Injury Damages

In personal injury cases, there are three primary types of damages:

  1. Special Damages
  2. General Damages
  3. Punitive Damages

While special and general damages are commonly grouped as ‘compensatory damages’, each serves a distinct purpose in addressing the losses incurred by the injured party.

Let’s go over each of these.

A graph showing the types of personal injury damages

What Are ‘Compensatory Damages’?

Compensatory damages are intended to do just what the name says, “compensate” the injured party for the losses they’ve suffered due to the injury.

These damages come in two forms: special and general.

Special damages – encompass measurable economic losses, such as medical bills and lost wages. These expenses directly correlate with the financial impact of the injury on the plaintiff.

Examples of Special Damages
– Medical Bills: Costs incurred for necessary medical care.
– Rehabilitation Costs: Expenses related to therapy and recovery.
– Lost Earnings: Income lost due to missed work.
– Property Damage: Costs for repairing or replacing damaged property.
– Out-of-Pocket Expenses: Additional costs resulting from the injury.

How Are Special Damages Calculated?
Calculating special damages involves a thorough evaluation of all economic losses stemming from the injury. Detailed records of expenses, including medical bills and lost wages, are essential for an accurate assessment.

General damages – address non-economic losses that are not easily quantifiable, such as pain and suffering or loss of enjoyment of life.

Examples of General Damages
– Pain and Suffering: Physical discomfort endured due to the injury.
– Emotional Distress: Psychological impact caused by the injury.
– Loss of Enjoyment of Life: Impairment of daily activities and hobbies.
– Disfigurement or Physical Impairment: Permanent changes resulting from the injury.

How Are General Damages Calculated?
Calculating general damages involves considering various factors, including the severity and duration of pain and suffering, emotional impact, and impact on daily life.

What Are ‘Punitive Damages’?

Punitive damages, also known as exemplary damages, are awarded to punish the defendant for reckless or intentional misconduct. These damages serve to deter similar behavior in the future.

Examples of Punitive Damages
– Gross Negligence: Extreme carelessness resulting in harm.
– Fraud: Intentional deception causing injury.
– Defamation: False information damaging reputation.
– Malicious Conduct: Intentional harm inflicted on the plaintiff.
– Violations of Rights: Egregious disregard for the plaintiff’s rights.

How Are Punitive Damages Calculated?
The calculation of punitive damages considers the severity of misconduct, harm caused, defendant’s financial status, and comparative case law.

A personal injury attorney can get you the full amount of compensation possible.

If you’ve been injured due to someone else’s negligence, you may be entitled to compensatory and punitive damages. Charles Bendig is dedicated to helping you navigate the complexities of your case. We offer free consultations and personalized guidance to ensure you receive the justice and compensation you deserve.

Reach out to us today to discuss your case and explore your legal options. Your journey toward justice begins with us.

Can You File a Personal Injury Case Against Governmental Entities?

Can You File a Personal Injury Case Against Governmental Entities?

Can You File a Personal Injury Case Against Governmental Entities like the City of Columbus, the Town of Springfield, or COTA?

Accidents resulting in personal injuries can occur unexpectedly, anywhere, and to anyone. Whether you slip and fall in a government-owned facility or in a collision involving a government-operated vehicle, the question arises: can you pursue legal action against the responsible government entity?

In general, yes, you can initiate a personal injury lawsuit against a governmental entity… if you can substantiate that their negligence or misconduct led to your injury.

This article will explore the possibility of filing a personal injury lawsuit against governmental entities.

1. Make sure you have grounds to file.

The first prerequisite is establishing that the governmental entity’s employee was performing duties within the scope of their employment when the injury occurred. For instance, if a municipal employee causes a vehicular accident while operating a city-owned vehicle during work hours, you may have grounds to file a lawsuit against the municipality for the damages sustained.

2. Consider the statute of limitations.

In most instances, the timeframe for filing a claim against the government is shorter compared to filing against a private entity. It is imperative to submit a notice of claim or intent to sue within a stipulated period, as failure to do so could result in the dismissal of your claim. The initial requirement is to submit a notice of claim or intent within a designated timeframe, typically ranging from 30 days to 6 months, contingent upon the specific agency involved.

3. Proof of negligence is crucial.

Dealing with governmental entities adds further complexity to the process of filing a personal injury lawsuit. For example, COTA operates as a quasi-governmental entity, affording it some level of immunity from lawsuits. However, if you can demonstrate that COTA’s negligent or intentional actions directly contributed to your injury, you may be eligible for compensation.

To summarize, while it is feasible to pursue a personal injury case against the government, the process is intricate. You must adhere to specific procedural requirements, including filing a notice of claim or intent to sue within the prescribed timeframe, establishing that the government employee acted within the scope of their employment, and demonstrating that their negligence or wrongful conduct resulted in your injury.

If you have sustained a personal injury, you need guidance from an experienced personal injury attorney to navigate the complex claims process and pursue rightful compensation. We have over 40 years of experience pursuing personal injury claims against the government. Don’t wait. Give us a call.

Filing a Personal Injury Claim: A Comprehensive Guide

Filing a Personal Injury Claim: A Comprehensive Guide

If you or a loved one suffered an injury due to someone else’s negligence, you may be considering filing a personal injury claim. While the process might seem daunting, it can be navigated step by step with the right guidance.

Understanding the Basics of a Personal Injury Claim

Before initiating a claim, it’s essential to cover the fundamentals. A personal injury occurs when an individual sustains physical or mental harm as a result of someone else’s actions or negligence. However, merely being injured does not automatically entitle one to compensation.

To have a valid personal injury claim, it must be established that the injury occurred due to the fault of another party.

For instance, if a reckless driver causes an accident resulting in injuries to other motorists or pedestrians, those individuals may have grounds for a personal injury claim.

Assessing Your Case: Key Considerations

Determining whether you have a viable personal injury claim involves asking critical questions about the circumstances surrounding your injury:

– Was your injury caused by someone else’s negligence or recklessness?
– Do you require extensive medical treatment for your injuries?
– Are you facing a prolonged recovery period?
– Have you experienced financial hardships as a result of the incident?
– Have you missed work due to your injury?
– Is there evidence demonstrating negligence or lack of care during the incident?

If you answered yes to any of these questions, you may have a valid basis for pursuing a personal injury claim. However, it’s crucial to seek guidance from a qualified attorney to assess the specifics of your case thoroughly. Call us.

Examples of Valid Personal Injury Claims

Personal injury claims can arise from a wide range of scenarios, including but not limited to:

Wrongful Death: Losing a loved one due to another party’s negligence or misconduct.
Car or Truck Accidents: Collisions involving motor vehicles resulting in injuries or property damage.
– Motorcycle Accidents: Incidents where motorcyclists sustain injuries due to the negligence of others.
– Nursing Home Abuse or Neglect: Instances of mistreatment or negligence in nursing care facilities.
Workplace Injuries or Workers’ Compensation: Injuries sustained while performing job-related duties.
– Medical Malpractice: Errors or negligence by healthcare professionals leading to patient harm.
– Premises Liability: Injuries occurring on another party’s property due to unsafe conditions or negligence.
– Slip and Fall Accidents: Injuries sustained from slipping or tripping on hazardous surfaces.
– Product Liability: Injuries caused by defective or dangerous products.
– Animal Attacks: Injuries resulting from pet or animal-related incidents.

How to File a Personal Injury Claim

Filing a successful personal injury claim involves several essential steps:

1. Seek Medical Attention: Obtain prompt medical treatment for your injuries and document all medical records and expenses.

2. Consult with a Personal Injury Attorney: Schedule a consultation with a reputable personal injury attorney to assess your case and explore your legal options. Call us: (614) 878-7777

3. Provide Notification: Notify the relevant parties involved in the incident of your intention to file a claim, adhering to specific legal requirements.

4. Gather Evidence: Collect relevant evidence, including medical records, witness statements, photographs, and documentation of financial losses.

5. File the Claim: Submit your claim to the appropriate insurance companies or legal entities, following the prescribed procedures.

6. Negotiate Settlement: Next, we will engage in negotiations with insurance adjusters or opposing parties to reach a fair settlement agreement.

7. Consider Arbitration: Explore the option of arbitration as an alternative dispute resolution method to expedite the resolution process.

This may seem daunting, but if you rely on the expertise and guidance of your personal injury attorney to navigate complex legal matters and advocate for your rights, you can pursue a personal injury claim with confidence and strive to obtain the compensation you deserve.

I’m Charles Bendig and I am dedicated to helping you through every aspect of your personal injury case and fighting for the justice and financial relief you need.

When parents battle over school districts

When parents battle over school districts

Divorce and custody battles can be emotionally challenging for parents, and one crucial aspect to consider is determining the school district for the child. This decision has a significant impact on the child’s education and stability.

Let’s explore some practical steps and considerations to help parents navigate the process of determining the school district during custody disputes.

  • Understand Legal Framework: Familiarize yourself with the legal framework governing custody and education in your jurisdiction. Consult with a family law attorney who can provide guidance on relevant laws, regulations, and court precedents regarding school district determination.
  • Review Custody Agreements or Court Orders: Carefully review the existing custody agreements or court orders related to the child’s education. These documents may outline specific provisions regarding school district determination. Understanding the terms agreed upon or mandated by the court is crucial before initiating any changes.
  • Prioritize the Child’s Best Interest: Regardless of the custody battle, prioritize the child’s best interest. Courts typically make decisions based on factors such as proximity to the child’s current residence, quality of education, stability, and continuity. Consider these factors when evaluating different school districts.
  • Assess School Districts: Research and assess the school districts in question. Look into academic performance, extracurricular activities, special education programs, and other relevant aspects. Consider the child’s specific needs, such as language support, special education services, or specific extracurricular interests.
  • Communicate and Seek Mediation: Open communication with the other parent is essential. Try to reach a consensus regarding the school district, keeping the child’s best interest in mind. If direct communication fails, consider involving a mediator to facilitate discussions and find a mutually acceptable solution.
  • Obtain Expert Opinions: In complex custody battles, it might be beneficial to seek expert opinions. Educational consultants or child psychologists can provide valuable insights into the child’s educational and emotional well-being. Their professional input can help courts make informed decisions.
  • Gather Supporting Documentation: Collect relevant documentation to support your case. This may include school records, academic reports, extracurricular involvement, and any other evidence demonstrating the child’s current educational environment and potential for success in a particular school district.
  • Present Your Case in Court: If an agreement cannot be reached, prepare to present your case in court. Provide clear, concise, and well-organized arguments supported by evidence. Highlight the child’s best interest, emphasizing how the chosen school district will provide the necessary resources for their education and overall development.

Determining the school district for a child during custody battles can be a challenging process. By understanding the legal framework, prioritizing the child’s best interest, conducting thorough research, and engaging in open communication, parents can increase their chances of finding a resolution that benefits their child’s education and well-being. While the process may be emotionally taxing, keeping the child’s needs at the forefront will help guide parents toward a successful outcome.

When it comes down to it, the determining factor will be what is in the best interest of the child. That means giving the child the best education available.

It’s always wise to speak with a family law attorney that can help guide you through the process of determining school placements.

How Do Pour-Over Wills Work?

How Do Pour-Over Wills Work?

What is a Pour-Over Will?

A pour-over will is a last will and testament that transfers all of the deceased person’s property, upon death, into a revocable living trust. Simplifying; a pour-over will directs that all property that passes through the will be transferred (poured over) into the trust. The pour-over will serves as a safety net for the trust. The property that is transferred through a pour-over will must still be probated, but the process will be shortened and taxes minimized.

Visualize that a trust is a bucket and the grantor’s (the person who creates the trust) assets are held in that trust bucket. Any assets that are outside of the trust bucket when the grantor dies are subjected to probate. The pour-over will scoops up any assets that are outside of the trust bucket at the time of the grantor’s death, then pours them into the trust bucket.

Is a Pour-Over Will Private?

If someone values their privacy, nothing will be revealed throughout the probate procedure. The probate will just state that the assets were moved to a trust and that the trust’s provisions are still private. Additionally, it keeps the estate plan basic because once the assets are transferred into the trust, they will be subject to the same rules as the assets already held in the trust at the time of the grantor’s death. The grantor’s assets will be governed by a single document. Because of this, any estate plan that makes use of a revocable living trust must include the pour-over will.

Additionally, using a trust-based estate plan, parents can designate guardians for their minor children. If the parents do not name guardians for their minor children in the pour-over will, the court will decide who should be responsible for raising the children in the event that the parents pass away. Naturally, parents would prefer to appoint guardians for their children rather than leave this decision up to the court and run the danger of having their kids raised by someone they would disapprove of.

Pour-Over Wills and Probate

A pour-over will provides benefits over a standard probate procedure even though it does not prevent probate. One of the benefits is that the grantor’s payouts are kept confidential. The only thing that will be revealed throughout the probate procedure is that the assets ought to be transferred to the trust. Since the trust is not a matter of public record, none of its provisions will be made available to the public. The only thing the court needs to ensure is that the assets have been transferred into the trust, not that all of the beneficiaries have received notice or distributions. Thus, the probate is kept brief and minimal.

Here’s an example:

Imagine establishing a trust as part of an estate plan, but the grantor forgets to add an investment account or newly purchased property to the trust’s holdings before passing away.

There is now a significant asset that is not covered by the trust agreement and, in the absence of a pour-over will, would be distributed by the court as if the decedent had passed away intestate, which means that he or she had no estate plan in place.

In this situation, the investment account’s money could end up flowing to people who they never intended to benefit. With a pour-over, the probate judge is instructed to pour the asset into the trust, where it will be managed and dispersed in accordance with the trust document. It will preserve the grantor’s wishes.

If you have any questions about pour-over wills, trusts, probate, or estate planning contact attorney Chuck Bendig for a consultation.