Dayton Personal Injury Attorneys

Even when someone does not intentionally harm another person, they can still be required to pay for their carelessness. Car accidents, motorcycle accidents, and other personal injury incidents can have significant consequences for victims. You may be experiencing painful injuries that keep you out of work and result in expensive medical bills. You do not have to shoulder this burden alone. The Dayton personal injury lawyers with Amourgis & Associates, Attorneys at Law are here to help.

Our firm is dedicated to fighting to protect the rights of accident victims. Our experienced personal injury attorneys in Dayton, Ohio help regular people like you stand up against insurance companies and defendants who try to minimize the value of their claims for their own financial interest. Contact our personal injury lawyer today to learn more about your legal rights and options during a free case review.

Negligence Laws in Ohio

Most personal injury cases are tried under the theory of negligence. Negligence arises when someone violates a legal duty they owe to someone else and causes harm to that person. If a person is found negligent, they can be required to pay compensation to the injured party.

One of the most important negligence and personal injury laws in Ohio to understand is comparative negligence. Before comparative negligence was the law in Ohio, the state’s contributory negligence law was in place. Under that personal injury law, an accident victim could not recover any compensation if they contributed at all to the accident. Today, the rule is that an accident victim can recover compensation even if they contributed to the accident if they are not more than 50 percent at fault. However, their damages are reduced by their proportion of fault.

Suppose you are driving down a road and going 5 mph over the speed limit when another driver suddenly turns left in front of you. A jury may find that the other driver is mostly at fault for the accident because they failed to yield the right-of-way. Let’s say they are found 80 percent at fault. However, because you were speeding, the jury finds you are 20 percent at fault for the accident. If you suffered $100,000 of damages, your degree of fault (20 percent) would reduce your award to $80,000. Under the old system, you would recover $0.

While this concept certainly works and makes sense in motor vehicle accidents, it can also apply in other situations. For example, it can apply to motorcycle accidents, pedestrian accidents, slip and fall cases, and any other personal injury case where negligence principles apply.

Generally, the insurance company with whom you have filed your claim will investigate the accident and determine the degree of fault of each party. However, the insurance company’s objective is usually to limit their insured’s liability as much as possible so they can pay out less in settlements. If you disagree with this division of fault, your personal injury lawyer can demand more compensation or take your case to court, where a judge or jury can determine fault and legal responsibility.

Types of Cases Our Dayton Personal Injury Lawyers Handle

The personal injury lawyer at Amourgis & Associates, Attorneys at Law handles the following types of personal injury cases:

• Car accidents
• Motorcycle accidents
• Truck accidents
• Slip and fall accidents
• Dog bites
• Pedestrian accidents
• Wrongful death
• Train derailment
• Catastrophic Injuries

If you or a loved one was injured in any of these accidents, contact our personal injury lawyer today to learn more about how we can help.

What to Do After Being Injured Due to Someone Else’s Negligence

If you are injured in an accident caused by someone else’s negligence, try to stay calm and think clearly. The most important thing you need to do is protect your health. You can do this by:

• Calling for an ambulance for assistance
• Reporting the accident to authorities
• Conducting an assessment of your situation to determine if you need to move to a safer location
• Checking for any signs or symptoms of injuries
• Seeking prompt medical attention

Some additional ways you can protect your personal injury claim are to:

Collect Information

Try to determine who was responsible for the accident. Ask for that person’s or entity’s name and insurance information. If any witnesses observed the accident, ask for their contact information. When collecting information, be careful about what you say because anything you say could potentially be used against you. Do not admit fault for the accident.

Take Pictures or Video

While your Dayton personal injury attorney will launch a prompt investigation, some evidence may be lost if it is not immediately documented. However, you may be able to preserve this valuable evidence by taking pictures and/or video of the accident scene with your cell phone. Try to record the following:

• The accident scene
• Closeups of factors that could have contributed to the accident
• Your injuries
• The conditions affecting the accident scene

Request a Formal Accident Report

If you were injured in a motor vehicle accident, you likely contacted police. They probably prepared an accident report. If the accident involved a business, your report of the accident should also be written down. Ask your personal injury attorney to request the written accident report, as you will need it for your insurance claim.

Write Down Your Narrative

Being injured in a personal injury incident can be a nerve-wracking experience. In the immediate aftermath, you might be confused, worried, panicked, or experiencing many other difficult emotions. After the initial shock wears off, it can be helpful if you write down what you remember about the incident. It is often best to do this shortly after the accident while your memory is fresh.

Some details to include in your narrative include:

• What were the actions immediately before the accident?
• When did you know the accident was going to occur?
• What were you experiencing during the accident?
• Where did the accident occur?
• Who was present at the accident scene?
• Did the at-fault party take responsibility for the accident and your injuries?

Writing down this information might jar your memory and remind you of important details that can help your personal injury case.

Keep a Pain Journal

You may also want to keep a written record of your recovery. It could be months or longer before your personal injury claim is resolved. You could go through significant changes during this time. A written record can help preserve information while it is occurring.

Some information to include in your daily pain journal include:

• A daily rating of your pain and other symptoms
• Changes in pain and other symptoms
• Your treatment and response to treatment
• How the accident affects your daily life
• How the accident affects your quality of life
• Whether you have lasting impacts from the accident
• How the accident affects your ability to work
• Whether the accident has affected your personal or professional relationships

Consult with an Experienced Personal Injury Attorney

Personal injury attorneys understand the complexities of these types of cases. They can provide you with legal support and guidance so you can focus on your recovery.

Contact our personal injury lawyers in Dayton, Ohio to discuss your case during a free consultation.

Evidence Needed in an Ohio Personal Injury Claim

The evidence needed for a personal injury claim depends on the specific type of personal injury case you are dealing with and the specific circumstances. Some types of compelling evidence our personal injury attorneys will try to use may include:

Accident Reports

Accident reports can include important information about the incident, including:

• The defendant’s name and address
• Where the accident occurred
• A description of the accident
• Witnesses’ names and contact information

An official report is often helpful in initiating an insurance claim and establishing that a compensable accident occurred.

Witness Statements

Witness statements can often be valuable because witnesses are objective parties who do not have a stake in the matter. Therefore, their statements are often viewed as credible and may help bolster your case.

Photos and Video

You may have taken photos at the accident scene. These pictures may help tell a story about how the accident occurred.

These days, nearly everything is recorded, so there might be videos from nearby traffic cameras, dash cameras, surveillance videos, or home recording devices. These visual depictions can often help show how the accident occurred.

Medical Records

Medical records can be crucial for two reasons. First, they establish how the accident affected you. Your medical records should note the specific injuries you suffered and when they occurred. They should connect your injuries to the accident. Detailed doctor’s notes and other medical records can establish the following information:

• The type of injuries you suffered
• The extent of your injuries
• The treatment you underwent
• Any complications you experienced
• Your response to treatment
• Your expected period of recovery

Second, your medical records will also include your medical bills and how much money you have paid for your treatment. Keep all medical bills and receipts for:

• Emergency treatment
• Hospital stays
• Transportation costs for medical appointments
• Follow-up care
• Rehabilitation services
• At-home care services
• Medical device purchases
• Prescriptions

Employment Records

Your injuries may have caused you to miss work. You can pursue compensation for your lost wages, as well as any reduction in your long-term earning potential. Keep pay stubs, tax returns, and other employment records that show these losses.

Your Dayton personal injury lawyer can help identify and gather important evidence in your case.

Statute of Limitations on Ohio Personal Injury Claims

The Ohio statute of limitations for personal injury cases is generally two years from the date of the accident. This means that you usually only have two years from your date of injury to file a lawsuit against the negligent party. If this deadline passes and you have not filed your case, you can be barred from seeking relief through the court system, no matter how clear it is that the defendant was responsible for your injuries.

This is one reason why it is so essential to contact a Dayton personal injury lawyer as soon as possible. A lawyer can monitor your case deadlines and ensure you file your case within the relevant timeframe. Additionally, personal injury attorneys are also aware of exceptions that may lengthen or shorten the timeline and can advise you of these situations.

Talk to Our Experienced Dayton Personal Injury Attorneys Today

If you were injured in any of the types of accidents described above, contact Amourgis & Associates, Attorneys at Law for help. We guide people throughout the claims process and build individualized legal strategies to help our clients recover maximum compensation for their personal injury claims. We have offices in Dayton and throughout the state. Contact us today for your free consultation with an experienced personal injury lawyer in Dayton, Ohio.