Car Accident Lawyer Dayton, OH

Car Accident Lawyer Dayton, OH

There are many reasons why car accidents can happen.  Some of the reasons include not looking where one is going, being in a hurry to work or school and one not looking where they are going, attempting to run through a red light, having to stop for a car that suddenly stops in front of someone, causing a pile up, and more. Moreover, what is important to consider about car accidents, is the kind of suffering that can happen. This relates to physical and mental. For physical injuries, this can widely depend on the impact, which can range from minor injuries, such as scratches, to something more serious, such as whiplash, broken bones, internal injuries, etc.  

Furthermore, another important aspect to focus on is ensuring that when it comes to physical injuries, people get x-rays, to ensure that any injuries that may not be visible at the moment, are taken care of.  One of the strongest examples of this pertains to whiplash. When people get into car crashes, neck injuries can happen, but signs may not be visible from the start. As such, it is important to get x-rays for issues regarding whiplash, because if a person does not, the physical consequences could be permanent. Then, there is also mental trauma as well, which can range from flashbacks, built, unresolved grief, and more. If you or a loved one have suffered an injury as a result of a car accident, you need a car accident lawyer in Dayton, Ohio, that is experienced and trusted.  For nearly three decades, the car accident lawyers at Cowan & Hilgeman have helped injured clients recover compensation.  

What Is a Car Accident Injury Case?

A car accident injury case is a civil action.  This means that the other party was at-fault for the car accident and you or a loved suffered injuries from the accident.  The injured party is legally entitled to recover monetary damages.  Furthermore, when it comes to a car accident injury case, some of the questions that a car accident lawyer would ask would focus on when the car accident took place, how it happened, why it happened, who was responsible, injuries that were suffered and who was involved, and more. These aspects further aid in refining the case.   

Settlements and court awards in car accident personal injury cases can vary greatly with amounts ranging from thousands of dollars to millions of dollars.  There are many factors that can affect the value of a car accident personal injury case, so consulting with an experienced and trusted car accident injury law firm in Dayton, Ohio, is important. 

The four elements that you must prove to have a successful car accident injury case are: (1) duty; (2) breach of duty; (3) causation and (4) damages.  In other words, the at-fault party must breach a duty to another person which causes injury.    

Do I Have a Car Accident Injury Case?

Car accident injury claims come in all shapes and sizes.  Regardless of the size of a car accident injury claim, all cases undergo two basic evaluations:  liability and damages.

Liability: Legal obligation or duty of a party to the person injured.

Cause:  Proving that the liability caused the damages.

Damages:  The amount of money the law provides for the breach of an obligation or duty.

  • Compensatory Damages:  Money paid to compensate someone injured in a car accident.
    • Economic Damages:  Medical Bills, Co-Pays, Deductibles and Lost Wages
    • Non-Economic Damages:  Pain and Suffering; Permanent Injury; Disfigurement; Scarring; Emotional Injury; and Physical Deformity.
  • Punitive Damages:  Money paid to an injured party as a punishment for willful, wanton or reckless conduct.   

Any experienced car accident lawyers Dayton Ohio has to offer will be able to determine if the defendant was liable for damages, the size and scope of the damages and how best to recover compensation for car accident victims in Dayton Ohio.  The best car accident lawyers will listen to the facts of your case, develop a strategy that fits your needs and communicate effectively to achieve success.  

A good Dayton Ohio car accident lawyer will be able to quickly evaluate your potential car accident case to determine the various types of claims.  For example, if the at-fault party was distracted on a cell phone, surfing the internet or sending text messages at the time of the car accident, this may give rise to punitive damages in addition to compensatory damages.  Obtaining this information can be time sensitive and apply additional pressure on insurance companies to settle cases for maximum value.  The Cowan & Hilgeman car accident lawyers are relentless in their pursuit of justice for clients which means winning the maximum amount of compensation in the case.   

What if I Was Partially at Fault?

Don’t hesitate to speak with an experienced car accident lawyer Dayton, OH residents trust simply because you’re concerned that you may have been partially at fault for your crash. In the state of Ohio, injury victims are permitted to pursue financial recovery from others whose negligence, recklessness, or intentionally harmful conduct directly contributed to the causes of their harm, as long as the victim in question was not more than 50% responsible for that harm.

This means that the experienced legal team at Cowan & Hilgeman may be able to secure considerable compensation on your behalf even if you were partially to blame for your injurious circumstances. It is also worth noting that you may be mistaken in regards to the degree of fault that you are assuming rests on your shoulders. There may have been many forces “at play” leading up to your accident that you are not yet aware of. Once our Dayton car accident lawyer team investigates the circumstances of your crash, we’ll be able to assess what share of the blame falls to you, what the value of your case is worth, and what compensation you remain entitled to pursue under the law.

Should I Reach Out to My Insurance Company or a Lawyer First?

If you haven’t already reached out to an insurance company or returned calls from an insurance representative who has contacted you, it is generally a good idea to avoid speaking with any insurance company employees until you have spoken with an attorney. This is because insurance companies have a fiduciary duty to act in the interests of their shareholders. Meaning, they have a legal duty to try to make a profit and that legal duty sometimes gets in the way of treating accident victims fairly. Allowing an attorney to speak with insurance representatives on your behalf will better ensure that our time-tested negotiating skills can secure you the maximum amount of compensation you are owed. Otherwise, an insurance representative may try to twist something you have said to devalue or reject your claim outright.

What if I’ve Already Been Offered a Settlement?

If you have already been offered a settlement, don’t sign any paperwork until a lawyer has evaluated the terms of the offer you have been extended. Approving a settlement will likely make it so that you cannot sue for damages in the future. As a result, if the settlement offer is not fairly valued, you’ll want to reject it. Speaking with our legal team will help you to make informed choices about the offer that has been proposed.

What if My Wreck Was Work-Related?

If your wreck was work-related, you may be entitled to receive workers’ compensation benefits. The legal team at Cowan & Hilgeman can help to assess your eligibility and prepare your application for benefits.

Can I Pursue a Lawsuit and Workers’ Comp Simultaneously?

You can pursue both a personal injury lawsuit and workers’ compensation benefits under certain circumstances. Namely, you’ll need to both be entitled to workers’ compensation benefits due to your eligibility and the work-related nature of your injuries and you’ll need to be able to name a third party other than your employer as a defendant in your lawsuit. A Dayton car accident lawyer at our firm can advise you as to the feasibility of this dual-recourse option.

Dayton Ohio Car Accident Lawyers with Experience.

Cowan & Hilgeman has some of the top car accident lawyers Dayton Ohio has to offer.  The legal system can be intimidating and confusing which is why consulting with the respected car accident lawyers at Cowan & Hilgeman can help put your mind at ease.  With decades of experience helping thousands of clients, our Dayton Ohio car accident lawyers will handle your case from start to finish.  This includes dealing with the insurance companies, filing lawsuits and litigation, and trial.  

Tips for Picking a Car Accident Lawyer Dayton Ohio Residents Can Trust.

#1  Do Your Research.  Not all car accident lawyers are the same.  Insurance companies rely on specially trained claims adjusters to deny, delay, confuse and refuse to honor legitimate car accident injury claims.  You need an aggressive Dayton Ohio car accident lawyer to properly present your case, avoid traps and maximize the value of your case.  The experienced Dayton Ohio car accident lawyers at Cowan & Hilgeman have helped thousands of clients navigate the claim and court system to achieve success in maximizing the value of their cases.     

#2  Track Record of Success.  It is important that your car accident lawyer is respected by other lawyers, judges and insurance adjusters so that your claim gets the attention it deserves.  If your lawyer does not have the respect of insurance companies and their lawyers based on past experience, you will never maximize the full value of your case.  

#3  Recognitions and Awards.  National publications and services routinely recognize our lawyers as some of the best car accident lawyers in Dayton OhioWith recognition from Martindale-Hubbell, America’s Top 100 High Stakes Litigators, The National Trial Lawyers and Super Lawyers, our Dayton Ohio car accident lawyers are uniquely qualified to help on cases of all sizes.  

Tips for Picking a Car Accident Lawyer Dayton Ohio Residents Can Trust

How To Find the Best Car Accident Lawyer Dayton Ohio Has To Offer?

Injured victims need aggressive car accident lawyers with experience that will go to battle for them.  When deciding to hire a car accident lawyer, is the car accident lawyer answering the tough questions? Or, do they avoid answering the question? Can the personal injury lawyer walk you through the entire claim process and provide detail about each phase of the claim? Will the personal injury lawyer be accessible? If you have any doubts about these questions, then you need to find a new personal injury lawyer.

Reviews from past clients are a great way to evaluate how the lawyer is likely to treat you throughout the claim process.  Many lawyers will tell clients what they want to hear during the initial telephone call or meeting, but a detailed review from a previous client will give you great indication of what to expect from start to finish. Also, will your case get the attention it deserves or lost in the mix with all the other cases?

Common Injuries in Car Accidents

Car accidents occur on a daily basis on Ohio roadways and can cause a wide range of injuries. Some of them are minor while others are life-threatening. That is why it is important for everyone to seek immediate medical care after a vehicle collision. Here are the most common car accident injuries.

  • Traumatic brain injuries. The force of a vehicle collision can cause injury to the brain. Traumatic brain injuries are one of the most common types of car accident injuries and can drastically change your life. The injury can affect your cognitive ability, memory and emotions. Sometimes brain injuries require long-term rehabilitation.
  • Broken bones. During a car accident, your body can hit different parts of your vehicle. This can result in broken bones in your arms, legs and other body parts. Although broken bones aren’t life-threatening, they can cause excruciating pain. If a bone is broken in more than one place, you may need surgery.
  • Whiplash. If your head moves back and forth suddenly during a car accident, you may sustain whiplash. The injury can cause neck pain and stiffness, dizziness and shoulder pain. It’s not uncommon for people to feel fine right after suffering whiplash. You may experience symptoms days or weeks after the car accident.
  • Scrapes and Cuts. You can suffer scrapes and cuts if loose projectiles hit your skin during a car accident. These injuries might not seem as serious as other car accident injuries, they should not be taken lightly. They can be quite painful and result in infection if not treated promptly.
  • Burns. Sometimes vehicles can catch fires after accidents. As a result, you may suffer burn injuries. In addition to being extremely painful, burns can cause permanent scarring. You may need a skin graft.
  • Chest injuries. These injuries are common among drivers. They may suffer chest injuries if their chest hits the steering wheel during a car accident. Chest injuries can cause bruising and internal injuries.
  • Emotional injuries. Many people associate car accidents with just physical injuries. However, as a car accident lawyer in Dayton, OH can attest, the accidents can also cause emotional injuries in some accident victims. For instance, you may suffer anxiety following a car accident and may be afraid of getting into a vehicle again. Emotional injuries can prevent a person from living a normal life.

What Are Common Reasons Why Car Accidents Happen? 

Many factors lead to car accidents, some of which are directly the fault of a driver, and othertimes are another entity’s fault like the government. We’ll explore seven common reasons why car accidents occur:

  1. Distracted Driving 

Distracted driving comes in many forms and while we often think of texting while driving, distracted driving has other causes as well. Eating or drinking while driving, being in a loud car with friends, changing the radio station, and dealing with rowdy children may all constitute distracted driving. Essentially, anything that takes a driver’s attention or focus off the road is distracted driving and can lead to minor fender benders or devastating crashes. 

  1. Reckless Driving 

Reckless driving is when a driver drives their car in a dangerous manner—often intentionally. Speeding, running through red lights or stop signs, passing cars in tight spaces, etc., may all constitute reckless driving. Not only does reckless driving mean a driver is usually breaking traffic laws, but it also means they’re putting themselves and other drivers at risk. If you spot a reckless driver in advance it’s best to move out the way if you can (such as pulling over) and notify the authorities. 

  1. Driving While Under the Influence

According to the NHTSA, DUI incidents contribute to about 40 percent of car accident fatalities in the states. Even a few drinks too many can greatly hamper a driver’s judgment and ability to respond. DUI also contributes to reckless driving as a driver may engage in driving behaviors they normally wouldn’t do when sober. Even having one too many drinks when visiting a friend can lead to serious consequences. 

  1. Drowsy Driving 

Whether you’re driving across the country or around the corner, a driver should always be alert. Unfortunately, drowsy driving is a very common reality for many drivers, such as driving after a long day at work or school. In particular, drowsy driving greatly impact truck drivers who often work long shifts driving on the road with very few breaks in between. 

  1. Weather Conditions 

Bad weather conditions also contribute to car accidents. A heavy rainstorm at night can greatly hamper a driver’s visibility. Of course, snowstorms are especially dangerous. Besides driving in an initial snowstorm, driving in a snowstorm’s aftermath is also dangerous. Icy and even frozen roads cause even sturdy, four-wheel vehicles to sometimes swerve. While interstates and highways get cleared out relatively quickly, roads in some towns and rural areas can remain undrivable or extremely risky for many vehicles for several days. 

  1. Road Conditions 

Some roads have crumbling infrastructure, narrow lanes, and numerous pathways. Additionally, some roads are improperly marked such as having unexpected, confusing, or missing signage. When an accident happens due to bad road conditions, sometimes the government might be held liable versus the drivers themselves. Regardless, whenever a car accident occurs you’ll want a lawyer skilled at handling car accidents by your side. 

To learn more about how we can help you, please call today!