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William Shatner
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What Should I Do If I Get in an Accident with a DoorDash Driver?

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What is DoorDash and How Does it Work?

DoorDash is a popular meal delivery service like Uber Eats and Grubhub. When consumers use the DoorDash app, they can order food from a local restaurant for delivery. Then, a contract driver, using their own personal car, goes to the restaurant to pick up the food and deliver it to your selected address.

2023 data analysis shows that DoorDash (and its subsidiary Caviar) is now the dominant food delivery company in the United States, making up for over 60% of all meal delivery sales. In second place is Uber Eats, followed by Grubhub (and its subsidiaries) and ASAP.

What Should You Do Directly After an Accident with a DoorDash Driver?

If you’re ever in a collision with a car, whether they’re DoorDash or unaffiliated with any delivery company, the very first thing you must do is check yourself for injuries. Then, check your passengers for injuries. If everyone is well enough, check other motorists or pedestrians for injuries.

At this time, you or someone else should have called 911. You may need medical attention, and law enforcement is required at the scene of the car crash, regardless of how hurt someone may or may not be. While awaiting the arrival of police and paramedics, document the accident with photographs, videos, and recordings with eyewitnesses. Do not let the DoorDash driver leave before law enforcement arrives. They may claim that there was no significant damage and that they’re still bound by a delivery time, but they must not leave, or it will be considered fleeing the scene of an accident.

When the police arrive, they will want you to complete a police report. The police report will be valuable evidence when you file your car accident claim.

Next, contact your insurance company. While you are doing that, the DoorDash driver is likely doing the same thing. Ohio law requires that DoorDash drivers carry a minimum amount of personal car insurance. The DoorDash company also carries insurance for each of its approximately 2,000,000 drivers, covering excess liability beyond the DoorDash driver’s insurance policy cap.

You should seek medical treatment, even if you think you feel fine. Some injuries may only appear later. Please seek medical aid early to ensure your chances of recovering compensation for your accident claim.

Next, fill out an accident report on the DoorDash official website.

Finally, if you have not done so already, speak with experienced car accident lawyers. Your attorneys can help you navigate the complexities of your car accident case and help you recover maximum compensation for your DoorDash accident case.

What Causes DoorDash Car Accidents?

DoorDash drivers are expected to dash from a restaurant to the delivery address. Speed is implied in their name. DoorDash drivers may drive over the speed limit to make as much money as possible. While there is no denying the breaking of a law, it must be said that DoorDash drivers do not make as much money as they deserve, so one can understand where they feel this drive to perform faster.

DoorDash drivers are also constantly referring to their phones or other electronic devices for directions, new orders, and notes from consumers. This can lead to distracted driving, which may result in an accident.

What Are Common DoorDash Accident Injuries?

DoorDash accident injuries are similar to any other auto accident injuries. They may include the following:

  • Broken bones.
  • Burns.
  • Catastrophic injuries.
  • Disfigurement.
  • Internal bleeding.
  • Loss of limbs.
  • Paralysis.
  • Spinal cord injuries.
  • Traumatic brain injuries.
  • Whiplash.
  • Wrongful death.

Do You File a Claim Against DoorDash or the Driver?

The answer to this question depends on whether the DoorDash driver was on duty during the accident.

If the at-fault DoorDash motorist was not on duty at the time of the collision, then their personal car insurance policy will be responsible for covering all damages. The DoorDash company is not held liable when one of their drivers is in an accident during their off hours.

If, however, the car wreck happened while the DoorDash driver was on duty, either in transit to the restaurant or delivery address, then the DoorDash company’s insurance coverage will kick in. The company’s insurance may step in if you sue the driver and their policy does not cover all your damages. You may elect to sue DoorDash, which has a $1 million insurance policy covering medical bills, property damage, pain and suffering, and wrongful death.

What is the Importance of Hiring an Experienced Car Accident Attorney?

With a car accident involving a company like DoorDash, there exists multiple liable parties which you may be able to file a lawsuit against. However, DoorDash also has a team of lawyers on staff to represent their interests. While you may be in the right, it may be a more complex legal case.

That’s why it is crucial that you retain professional legal counsel to be in your corner every step of the way.

Our personal injury law firm has experience representing clients with DoorDash accident claims. To learn more, please contact our law offices.

Schedule Your Free Consultation Today

The Attkisson Law Firm has extensive experience representing clients across Ohio in personal injury and car accident cases. To discuss your DoorDash accident case, please contact our legal team to schedule a free consultation.

Our law firm operates on a contingency fee basis, meaning you only pay if we win. Please take advantage of our no-obligation free case evaluation today and call us at (937) 918-7555.

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What is a ‘Wrongful Death?’

In Ohio, a personal injury suit can typically only be filed by the victim of an injury caused by someone else’s negligence. For example, if a car accident resulted in catastrophic injuries, the accident victim or their representative would have the right to seek damages by filing a lawsuit afterward. If the accident is too severe and the injuries too extreme, the victim may tragically lose their life, meaning they cannot possibly pursue damages with a claim. In such cases, what would’ve normally been a personal injury claim shall become a wrongful death claim.

In Ohio, wrongful death is defined as a fatality caused by another individual’s wrongful act or negligence. If a survivor of such an accident of negligence or reckless behavior would have been entitled to seek compensation with a personal injury claim, their surviving loved ones may have the right to pursue compensation with a wrongful death claim.

Wrongful death cases can be settled out of court or taken to the courtroom for trial. If your claim goes to trial, you want experienced lawyers to represent your case. The Attkisson Law Firm is home to three trial attorneys with extensive experience. To learn more about our legal services, please contact our Ohio law firm to schedule a free case evaluation.

What Are Common Wrongful Death Cases?

Nobody makes it out of this world alive, but we cannot predict when our time is up or how we will go. When another person’s wrongdoing causes death, the surviving loved ones can file a wrongful death lawsuit. And while death can result from any type of accident, if things go wrong just the right way, some accidents more commonly see fatalities than others.

Common causes for wrongful death cases include the following:

  • Amusement park and hotel resort accidents.
  • Assault and battery.
  • Aviation accidents.
  • Bicyclist accidents.
  • Boating accidents.
  • Car accidents.
  • Commercial truck accidents.
  • Construction site accidents.
  • Defective products.
  • Dog bites and animal attacks.
  • Drowning accidents.
  • Exposure to toxic chemicals.
  • Medical malpractice, anesthesia accidents, and accidental overdoses.
  • Motorcycle accidents.
  • Nursing home abuse and neglect.
  • Pedestrian accidents.
  • Premises liability cases.
  • Slip and fall accidents.
  • Workplace accidents.

Who Can File a Lawsuit in a Wrongful Death Case?

In many states, a surviving family member of the deceased may file a wrongful death claim against the at-fault party. In Ohio, however, a wrongful death lawsuit must be filed on behalf of the deceased’s estate, sometimes by the decedent’s representative or executor.

If the deceased had written a will, the estate executor should have been named in that will. This named individual would then have the right to sue for wrongful death on the estate’s behalf. If the deceased did not have a will, the courts will appoint someone to serve as the estate’s executor.

Once the compensation is determined, the awarded financial recovery will be distributed to the surviving family members and heirs who suffered losses after the person’s death. These family members usually include the surviving spouse, children, parents, and other dependents.

Defense attorneys may argue that a family member did not suffer losses due to the wrongful death and thus does not deserve to recover compensation. Similarly, parents who have abandoned their children cannot hope to recover damages on their child’s wrongful death claim.

What Types of Financial Recovery Could Be Awarded with a Successful Wrongful Death Lawsuit?

With well-presented evidence, a wrongful death lawsuit may recover a financial settlement for the bereaved. While no financial recovery can ever hope to restore the lives of the family members we’ve lost, a fair compensation can go a long way toward paying off the debts the deceased left behind. It is possible to recover both economic and non-economic damages with a solid case. And, in cases where you can prove malice or cruelty, you may also be entitled to punitive damages.

Economic damages may include compensation for financial losses such as:

  • Funeral and burial expenses.
  • Lost future income.
  • Medical expenses for the cost of medical treatment made necessary after the accident.
  • Property damage.

Non-economic damages may include:

  • Loss of companionship.
  • Loss of consortium.
  • Mental anguish.
  • Pain and suffering.

Schedule a Free Consultation with Experienced Personal Injury Lawyers

If you’ve tragically lost a loved one due to the negligence or recklessness of other parties, let us be among the first to offer our most sincere condolences. While seeking a fair settlement from the at-fault parties, please consider that you should be allowed time to grieve. Let us be the ones to represent your interests and pursue maximum compensation for your wrongful death claim.

Our Ohio law firm has years of experience representing clients at some of the worst moments in their lives. We understand that compassion and empathy are just as important as legal knowledge and experience. This is not just a case for you; it’s something far more personal. And our legal representation reflects that importance.

To discuss our legal services and learn more about how we can help your case, please contact our Ohio law offices for your free initial consultation today. Our law firm represents clients all over Ohio, and we would be proud to be there for you during this challenging time. Please contact our law offices at (937) 918-7555.

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How Dangerous Are Car Accidents for Children?

According to the Institute of Highway Safety (IIHS), car accidents account for 25% of all unintentional injury deaths for children aged 13 and under. Proper child safety seats have been shown to reduce child car collision fatalities dramatically. If you put a child in a booster seat in the rear, fatal injury risks are reduced by almost 75% for children up to age three and approximately 50% for children between four and eight years old.

Overall, child car accident fatalities have been halved from what they were in 1975. This correlates with the increase in awareness of child passenger safety, booster seats, and stricter laws on the roadways.

Even survivors are left scarred by car accidents, however. A study published by the National Center for Biotechnology Information (NCBI) showed that nearly half of all children who survived a car crash showed some symptoms of post-traumatic stress disorder (PTSD). And this is to say nothing of the physical injuries that a child may suffer.

Children must be protected. That’s why there are several child passenger safety laws across the country, with Ohio no exception.

What Are the Child Passenger Safety Laws of Ohio?

To ensure the safety of child passengers, Ohio has enacted several laws on safety seats, where the children are seated, and their weight class.

Children under the age of four or who weigh less than 40 pounds must be buckled into a safety seat when a motor vehicle is in motion. The children should be strapped in according to the safety seat’s instructions. Ideally, the safety seat will be rear-facing. If the children have outgrown their rear-facing safety seat, a forward-facing safety seat can be used instead.

Children between the ages of four and eight or otherwise shorter than 4’9″ must sit in a booster seat or other approved safety seat. If these children are under 40 pounds, they should be grouped into the category of children under age four.

Ohio law requires that all children between the ages of eight and 15 wear seat belts at all times, regardless of whether they are seated in the front or rear seats.

It is strongly encouraged that all infants and toddlers should ride in rear-facing safety seats. Only when the children outgrow these seats should they be switched to forward-facing safety seats.

Did you know that the majority of safety seats and booster seats are incorrectly installed? It is worth having your child’s car seat installed or approved by a professional to ensure it is installed correctly.

Why Are Booster Seats So Important?

Seat belts are designed with adults in mind. Standard seat belts endanger young children. A seat belt is only considered an effective life-saving mechanism when it fits properly across the individual’s shoulders and chest.

Most seat belts are not designed for children under 4’9″. If a child is seated in a seat designed for an adult, an accident could cause the seat belt to injure the child. Injuries to children using adult seat belts include wounds to the stomach, strain on the spine, and neck breaks.

A booster seat negates these dangers. Unlike a seat designed for adults, the booster seat is designed for children of a certain size, allowing them to ride more comfortably and safely in the automobile. They may be too big for the child safety seats they grew up with and too small for regular adult seats, but a booster seat is a happy in-between.

What is Ohio’s OBB Program?

Ohio Buckles Buckeyes (OBB) is a statewide child passenger safety program that seeks to provide safety and booster seats to eligible, low-income families. The goals of the program are to increase child passenger safety, ensure the proper installation of car seats, and raise awareness of the usefulness of child safety seats.

To obtain a seat from the OBB Program, income-eligible families must attend child passenger safety (CPS) training and educational classes. In these classes, the parent or guardian will receive helpful information about installing a car seat and keeping their children safe. To learn more, contact the OBB Program office of your county.

What Are the Penalties for the Failure to Provide a Proper Safety Seat for a Child Passenger?

Child passenger car seat laws are challenging to enforce and not all-encompassing. For example, taxis, rideshares, police cars, and other public transportation do not always require safety seats or booster seats.

The police are not permitted to stop a car for the sole reason that they suspect an underage passenger is not in the proper car seat. A ticket can only be written for the lack of a safety seat if the law enforcement officer pulled the driver over for a different violation.

The failure to use a proper child seat can be charged as a minor misdemeanor. The fines are between $25 and $75 for the first offense. On a second offense, it is upgraded to a fourth-degree misdemeanor with a penalty of up to $250 and the potential for jail time.

Schedule a Free Consultation with Experienced Car Accident Attorneys Today

Child safety seats save lives. Protect your loved ones by ensuring they’re buckled up, safe, and secure.

Our law firm offers an abundance of legal services to clients and their families who’ve experienced personal injury and tragedy. To learn more about what we can do to aid you during your most difficult times, please contact our law firm to schedule a free case evaluation. 937-918-7555.

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What is a Civil Lawsuit?

There are generally two types of court cases: civil and criminal. In a criminal case, a prosecutor representing either the state or the federal government will bring the case against the accused. They must establish beyond a reasonable doubt that the defendant committed the crime in order to secure a conviction.

Civil cases are not held to such a high standard of proof. A civil lawsuit is a legal matter between two parties. One accuses the other of committing wrongs – such as causing a personal injury in a car crash – and seeks to recover damages from them.

In a civil lawsuit, the plaintiff and their legal representative must prove that the defendant caused the accident/incident by presenting evidence to support their claim. Many civil lawsuits are settled out of court, but others may be decided by a jury in a courtroom.

What Are Common Types of Civil Litigation Cases?

Examples of civil litigation cases include the following:

  • Bicycle accidents.
  • Car accidents.
  • Construction site accidents.
  • Defective product liability claims.
  • Dog bites and animal attacks.
  • Motorcycle accidents.
  • Premises liability accidents.
  • Slip and fall accidents.
  • Trucking company accidents.

Should You Hire Professional Legal Counsel?

Legally, you are not required to retain legal counsel for a civil lawsuit. You may file a civil complaint on your own. However, this is not recommended. You stand a much better chance of winning your case with the help of a professional attorney. Plus, a lawyer can make the case go more smoothly, take less time, and even cost less than it might if the plaintiff were to represent themselves in court.

Here’s the simple truth: yes, you can represent yourself in civil litigation. But do you want to win your civil lawsuit? Then hire a lawyer.

At the Attkisson Law Firm, we work on a contingency fee basis, meaning that we only charge you legal fees if we win your case. If you don’t win compensation for your civil claim, you won’t owe us a dime in legal fees. Additionally, the law firm will even advance case expenses on our own as we pursue the maximum compensation for your case.

When is the Right Time to File a Civil Lawsuit?

It is wise to involve a lawyer experienced in civil litigation as soon as possible. The sooner you retain legal counsel, the sooner your lawyers will have the opportunity to examine the facts, gather evidence, review eyewitness accounts, and begin to craft your case. Ideally, your lawyer will attempt to establish your case early on, so there is no need to go to trial. However, if trial becomes inevitable, then you’ve come to the right place.

The Attkisson Law Firm is home to three of Ohio’s most experienced trial lawyers. If you elect to retain our legal services, you can rest assured that we have the knowledge to help you through all phases of your civil lawsuit.

What Are the Steps to Filing a Lawsuit?

The first step of a civil lawsuit involves the plaintiff filing a ‘complaint,’ a legal document that outlines the basics of the case. The complaint accuses the defendant of wrongdoing and attempts to lay out the case. The complaint is then filed with the court. A copy of the complaint is delivered to the defendant as well.

The defendant has 28 days to respond with a legal document known as their ‘answer.’ The answer contains the defendant’s dispute of the claims or maybe even includes a counterargument. The defendant may ask the plaintiff to correct their complaint or ask the courts to dismiss the complaint altogether.

After the complaint and answer have been filed, the case goes to the discovery phase. From there, the case will go to trial unless the judge believes the facts of the case do not merit a trial.

Not every lawyer is experienced in taking a case to trial. The experience of Attkisson Law Firm will be advantageous during this time, as we have some of the most experienced trial lawyers in the state.

Is There a Statute of Limitations for Filing a Civil Suit in Ohio?

There is a statute of limitations for filing civil lawsuits in Ohio. While we believe that the plaintiff should always have a voice, the state does not want anyone to feel indefinitely under threat of civil litigation for their entire lives. Plus, regardless of how you may feel about the prospect of someone who has committed wrongful acts being worried about future litigation, there is the simple fact that evidence and eyewitness testimony loses its integrity over time, so it is generally better to seek legal action sooner rather than later.

In Ohio, there is a statute of limitations of one year for civil defamation claims and a two-year statute of limitations for personal injury claims. If you attempt to file a civil suit after the statute of limitations has expired, your claim will likely be summarily dismissed.

Contact the Attkisson Law Firm to Schedule a Free Consultation

The Attkisson Law Firm is a highly respected and experienced legal practice in the state of Ohio. We provide clients with compassionate, aggressive legal representation. Additionally, work on a contingency fee basis, so you won’t owe us anything in legal fees if we fail to win a fair settlement for your case.

Please contact us at any time to discuss your case in more detail. You may schedule a free case evaluation by calling our law offices at 937-918-7555.

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What is ‘Emotional Distress?’

‘Emotional distress’ is the term commonly attributed to the effects of emotional anguish, psychological damage, and mental pain and suffering. In a word, it is trauma.

Trauma is caused by an incident or act that left a mark on the victim’s psyche. There is no standard metric to measure what may cause emotional trauma. What deeply affects one person may slide right off the next. And what we, as outside observers, may believe to be a minor accident may cause lasting mental anguish for the accident victims.

What Causes Emotional Distress?

There are many causes of emotional distress, and they vary wildly. A personal injury victim may suffer mental anguish due to the traumatic event (a violent car accident, for example), or their emotional suffering may be more related to the injuries. If an accident victim’s injuries require a long road to recovery – or if their lives are left forever altered, like instances of being left disabled or permanently scarred – those physical injuries may cause emotional pain.

Emotional distress can also arise from other, less extreme circumstances, for example:

  • Abuse, either physical or mental.
  • Accidents.
  • Addiction to drugs.
  • Assault.
  • Dangerous working conditions.
  • Dealing with ableism in the workplace when living with a disability.
  • Experiencing discrimination at home or the workplace.
  • Threats made to job security or salary.
  • Toxic, abusive behavior of colleagues or family members.
  • Unjustified job termination.
  • Witnessing traumatic events, such as the wrongful death of a loved one.

What Are Some Examples of Emotional Distress?

Just as emotional distress can have a wide range of origins, it can also come in many forms.

Common examples of emotional distress include the following:

  • Chronic migraines. Severe stress and pain can cause pounding headaches for which there seems to be no relief.
  • Anxiety disorders and extreme mood swings, irritability, and anger. Following a traumatic event, it’s fairly common for victims to suffer from an acute stress disorder (ASD. This may cause symptoms like anxiousness, panic attacks, dissociation, and rage. ASD typically fades after about a month.
  • Feelings of extreme guilt or shame. Sometimes even the accident victim may feel guilt or shame, whether from surviving while others did not or because of a diminished sense of self.
    Flashbacks to the inciting incident. Flashbacks force the accident victim to relive their experiences again and again.
  • Insomnia and night terrors. Sleeping too much, too little, or experiencing horrific nightmares are commonly associated with surviving traumatic events.
  • Negligent infliction of emotional distress (NIED) or the intentional infliction of emotional distress (IIED). Those who were negatively impacted by a traumatic event but did not suffer any injuries may have a case for NIED. And if another party intentionally harmed others emotionally, they may be charged in an IIED case.
  • Pain and suffering. The term ‘pain and suffering’ casts a wide net. But it may cover instances of lost quality of life, inability to maintain social relationships, lost companionship or consortium, and new standards of living due to disfigurement or disability.
  • Post-traumatic stress disorder (PTSD) and symptoms of depression, including clinical depression. PTSD and depression are mental health conditions that are difficult to see but deeply felt by those suffering from the ailments.

Is it Possible to Sue for Emotional Distress in Ohio?

Yes. Whether you’ve suffered physical injuries or mental anguish from an accident, you may be entitled to seek damages from those responsible for the incident. A successful case may reward plaintiffs with economic damages (such as medical bills, property damage, and lost wages), non-economic damages (like pain and suffering), and even punitive damages in cases of extreme conduct.

As with any personal injury claim, it’s wise to retain the services of legal professionals. But when seeking to prove emotional distress, it’s downright essential.

How Can a Victim and Their Personal Injury Attorneys Prove Emotional Distress?

It can take a lot to prove emotional distress, and you must hire an attorney to help make your case.

The lawyer may attempt to establish a timeline, indicating that your symptoms only began after the accident. The more severe the symptoms, the easier this will be to prove. Similarly, the more intense the inciting incident, the more likely others will be to believe your claim.

If there is any physical injury or bodily harm, then the personal injury attorneys will likely point to that as a cause for your mental distress. It’s unfortunate, but sometimes people can’t accept what they do not see, so if there’s an associated injury, it may help convince others.

It may also be necessary to speak with doctors and psychologists, then present their findings to the courts.

Schedule a Free Consultation with Experienced Personal Injury Lawyers

The Attkisson Law Firm is one of Ohio’s most experienced personal injury firms. Our lawyers have more experience than most other trial lawyers could ever hope for, so we bring a sense of accomplishment and confidence to every case. But we also strive to provide compassionate, client-first legal representation because we understand that your case is not a simple legal matter; it may very well be a defining chapter in your life. You deserve respect and care from your attorneys; we will provide you with that.

Our firm works on a contingency fee basis, meaning that we don’t get paid unless we win your case. Add to that our no-obligation, free case evaluation, and you may consider hiring our lawyers as a risk-free choice.

Call our Ohio law offices at 937-918-7555 for your free initial consultation today.

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What’s Considered “Pain & Suffering” In My Lawsuit?

If you’ve been injured in an accident, depending on the severity of your injuries, it could alter your life for months, years, or forever. Also, many injuries include a myriad of physical and (even worse) emotional scars that are much more difficult to treat medically and recover from.

All personal injury lawsuits focus on the physical pain of your inflicted injuries, which is commonly the more direct avenue most personal injury law teams will pursue. However, suppose your experienced Ohio personal injury law team feels it’s achievable; in that case, they will aggressively argue that you deserve more compensation for your less visible injuries, such as depression, broken family ties, forced changes in your life, etc.

Some common examples of conditions that would warrant compensation for pain and suffering include:

  • Chronic and often debilitating pain.
  • Constant migraines and headaches resulting from a head or neck injury.
  • Fatigue, lack of stamina, and general loss of energy.
  • Inability to pursue your present career, life-long hobby, or other activities you enjoyed but can no longer do because of constant pain or limited mobility.
  • Sexual dysfunction results in a lack of intimacy.
  • Anxiety and various forms of depression.
  • Post-traumatic stress disorder (PTSD).
  • Insomnia and diminished cognitive function.

So, it’s true that under current Ohio law concerning damages for pain and suffering, you (as the plaintiff) can sue for non-economic loss such as pain and suffering. Still, it’s usually always a challenging legal path to follow.

Your personal injury lawyer will explain that various disorders may qualify for compensation but are not as easily diagnosed, treated, or able to put a monetary number on.

So, if you are to be successful in this type of lawsuit and wish to obtain the total compensation needed, you must work with an experienced, knowledgeable, aggressive, and trial-tested Ohio personal injury law team. Many personal injury lawyers rarely go to trial, but cases involving compensation for pain & suffering often must.

Your trial-tested personal injury lawyer will know exactly what’s needed to ensure you and your family have the total compensation you must have to move forward with your lives.

Do the Ohio Laws For “Pain & Suffering” Differ From Other States?

The simple answer is yes; in some ways, they do. Commonly, in Ohio, the court (or the jury) will determine separate verdicts and findings for the following:

  • The total compensatory damages recoverable.
  • The total economic damage incurred.
  • And the total noneconomic damages incurred, including those for future medical care, recovery costs, and much more.

The court, when determining your noneconomic damages, will not consider the following:

  • The negligent party’s wrongdoing or guilt.
  • Any evidence of your opponent’s wealth or financial resources.
  • And all other evidence that is offered to punish your opponent.

In all cases, the court will consider the totality of the circumstances that surround your accident and the credibility of all the pertinent and convincing evidence gathered by your law team.

Of course, each personal injury lawsuit is unique, but your case becomes far more complex when attempting to obtain substantial damages for pain & suffering. Your empathetic, thorough, and diligent local personal injury law team may work months (or more) to gather the evidence needed to obtain total compensation for you and your family.

Are There Any Limitations On Non-Economic Damages in Ohio?

Again, yes, this is a factor that your law team must contend with.

In Ohio, if you are seeking noneconomic damages, there are several limitations to what you can receive, for example;

First, there is the “statute of limitations.” This refers to the time you and your lawyer must file your lawsuit. This varies but is typically two years beginning on the date your accident occurred or your injuries manifested themselves.

Another limitation is “Damages caps.” These Ohio laws may limit the amount of damages you can receive. Commonly in Ohio non-economic damages lawsuits, the court applies damages caps on all monetary awards (some exceptions may apply).

Finally, there are “negligence standards” to contend with. These standards are applied to your case when you and the negligent party may share fault. Commonly, in Ohio, you will only receive compensation if you were at most 50 percent at fault.

The complexities are numerous, and another reason to only use a local Dayton or Cincinnati personal injury law team with the necessary experience and winning history in these cases.

How May My Personal Injury Lawyer Prove “Pain & Suffering?”

Commonly, physical pain caused by injury can be easily diagnosed and proven. However non-economic damages (such as pain & suffering) are much more subjective. Therefore, “proving” them is directly affected by the case that your empathetic and aggressive personal injury law team mounts to convince the jury (or the defendant’s insurance company or lawyer) to award you the compensation you are due.

Some common means your lawyer will provide proof of “pain and suffering may include:

  • Your medical records – X-rays and other visual test results can be compelling in making a valid case for your injury and very plausible for the jury. That said, the more complete and comprehensive your medical records are, the more likely you will be awarded damages for pain and suffering.
  • Your previous social media posts, texts, and emails – Social media can be a “double-edged sword” and often make or break your case for non-economic damages. You experienced personal injury trial lawyer will know when and how to use them correctly.

For example, posting a video of yourself water skiing on vacation can undermine your claim that you are suffering. Alternatively, evidence that you joined a group to deal with a particular type of pain, recovery, or psychological issue could enhance your doctor’s testimony.

There are a few examples, but your lawyer will use many legal tactics to help you win your case. The strength, depth, trial experience, and thorough knowledge of proving and winning these cases by your aggressive personal injury lawyer will make all the difference in the outcome of your case. 

I Feel I’m Due Damages for Pain & Suffering; What Should I Do?

You must only attempt to file these complex legal cases with professional help. Also, remember that the trial experience of your personal injury law team is paramount in helping you obtain all the compensation you are entitled to.

Usually, obtaining a free consultation on your case is your best path to understanding how to proceed. The winning, empathetic, and trial-hardened personal injury law team at the Attkisson Law Firm possesses the skills to help you and your family with the money you deserve.

Call them today at 937-918-7555, and they will provide you with the personal service you expect and fight diligently to get you what you deserve. Don’t wait; start today, and get the professional help you must have at this critical time for you and your family’s future.