It’s a typical Tuesday. You are out grocery shopping at your favorite chain store, looking at your list, and thinking of the million or so items you want to tackle on your to-do list this evening. You come around the corner of an aisle, slip in a puddle and find yourself bewildered on the floor. You are hurting, and aren’t totally sure what is causing the pain. It’s hard to think clearly. What do you do next, if you are injured in a store?
Regardless of the type of injury you face, there are certain steps you can take to help ensure your welfare in the moment, and later on down the line. Depending on your particular circumstances, you may be entitled to compensation for your injury.
The first thing you should focus on if injured is your safety – do you need immediate medical attention?
Have you hit your head? No matter what else you have facing you, making sure you are safe and well should be your top priority. Be careful moving around if you are in pain, as it may make your injuries worse. Ask for help from other patrons or store staff, and call 911 if you need it.
Once you have established what you need to do medically, try to puzzle out what happened, and obtain any evidence available.
Look around to see if the premises is safe, if you see any obvious hazards (like a wet floor) and check to see if there are any signs or warnings about these hazards. Take photos of the area where the incident happened. Premises liability lawsuits are usually contingent upon proving that the business was aware of a hazard and didn’t take proper steps to convey this warning to patrons, so if you can show evidence of this, it can truly make your case. The right evidence can help prove negligence.
If there was anyone present at the time of your accident, ask for their contact info as a witness.
If it comes to a court case between you and the store, having a third party that is impartial can be a huge aid in your favor.
One of the most important steps in this process is filing a report with the store. If you have not been approached by an employee at this point, then find one, preferably a store manager. Do your best to simply state the facts of the indecent, and withhold from responding emotionally, or speculating on why it occurred. Remember, the store wants to avoid being responsible at all costs, and will use any errant thought spoken aloud against you if they can. Whatever you do, DO NOT sign any paperwork at the store. Many managers or corporate departments will try to get you to sign a liability waiver after you have been injured in a store, and this can negate your case if you do sign.
The next step is to seek medical treatment if you haven’y already.
The most important reason to do this is to make sure you are truly well, even if you feel okay. Sometimes, back, neck, and joint injuries may not show symptoms for some time, and it is always safer to have a medical professional give you the all clear.
Beyond making sure that you are well, it is important to have a medical report if you have sustained injuries. For example, if your injury causes you to miss work, the store is responsible for paying your lost wages – if you can prove that your injuries made you miss work, rather than it seeming like a spontaneous vacation. This report can be a solid asset in your case.
The last step can also be the simplest – with all of the above steps covered, it may be time to consult with a personal injury attorney.
Being injured in a store can be awfully distressing, and if you choose to take it to court to seek compensation, overwhelming too. Depending on the size of the store, they likely have a firm on hand who is well versed on doing everything they can to clear the store of any liability – and push your claim off into obscurity. Representing yourself in these matters may cost you much more than a headache – it could cost you the compensation you deserve.
Here at Cowan & Hilgeman, we have the experience, resources, and dedication necessary to work your case. We believe that you have suffered enough, and will do everything in our power to settle your claim to satisfaction. You don’t have to handle this alone. Call us for a free consultation today at (937) 222-2030.
Summer is upon us in all of its temperate glory and it has many people seeking out a tried and true way to cool off – by a nice swim in the pool. This long held American tradition is almost an ideal image for most: beautiful blue water, a few floats or lounge chairs, and maybe even a drink or two to help enjoy the overall relation. On a scorching hot Saturday afternoon this summer, chances are high that a few neighbors will suggest gathering at your beautiful in-ground pool for shenanigans, and maybe some BBQ to boot. It all sounds like good clean fun, right? Of course! But as a homeowner or business owner in Ohio (or just as someone who enjoys a few laps at the public pools) it is important to be aware of the consequences of what can go wrong during a pool day.
According to the CDC, ten people die every day from unintentional drowning. Of these ten, two are still kids, usually aged 14 or less.
For our youngest and most vulnerable offspring, kids aged 1-4, accidental drowning becomes the number one cause of unintentional injury – and most of these children were being cared for by their parents, at home, and were left unsupervised for 5 minutes or less. What is even more concerning is that for every child that drowns, five more are hospitalized and require further care than the initial emergency room visit, and 50% of all drowning victims will suffer long term health consequences. Some all too common pool related injuries include Traumatic Brain Injury (insert link to previous article here), pneumonia, disembowelment, and even evisceration. These particular injuries typically lead to chronic care treatment that is necessary ( and expensive) for the rest of the victim’s life.
There are many factors that can reduce the risk of injury while enjoying the pool – mainly, proper supervision. The U.S. Lifesaving Association reported that lifeguards “prevented more than 564,000 water-related injuries” on average in recent years. However, most homeowners will not have a lifeguard on duty (and may not even have an adult trained in CPR present) and not all public pools will have a lifeguard either. You can also ensure that you have pool safe toys, a deck built with non-slip materials, and avoid owning a diving board. You can make sure the pool is covered when not in use, and child safe gates ( at least 4’ tall with self-closing latches that open outward) and locks prevent unsupervised entry into the pool area.
Yet even with these preventative measures in place, you may still be liable in the event of injury at your pool.
In the state of Ohio, homeowners can also be held liable under the attractive nuisance law for injuries to a child trespassing on your property. Read more about Ohio private swimming pool laws here.
Here’s what you should know:
Stay Safe; Stay Aware – Know Ohio swimming pool laws.
Supervise children at all times.
If a child goes missing while in your care, always check the pool first.
Keep proper safety equipment, such as a grab pole and a telephone, in case emergency services are needed.
Keep children away from skimmer openings, drains and other places they could get trapped.
Learn CPR for both children and adults
There are Ohio swimming pool laws and federal laws to protect your rights if you or a loved one have suffered an injury related to a swimming pool, hot tub, or spa. Don’t just assume that your homeowner’s insurance will cover a pool related injury – talk to your coverage provider and see what is actually covered, or if your plan includes an umbrella policy within it. If you or a loved one have been injured in a public or private pool, you may very well be entitled to compensation. Call us today for a free, no obligation consultation on your case – (937) 222-2030.
One of the first questions many people have is: Is an Ohio personal injury lawsuit expensive? How much will this cost me? Can I afford it?
Dealing with a personal injury lawsuit is a tumultuous and potentially difficult time in one’s life. Not only are you dealing with all of the difficulties entailed in being injured and recovering, but you have the additional stress of potentially missing work, finding a lawyer to work with, and filing a suit. One of the main worries those injured face is the cost of the lawsuit.
Many people do not understand that depending on your individual circumstances, the lawsuit can become costly very quickly. There are many factors that determine the price you will face when you file, but here are some rough guidelines to help you get a ballpark of the typical cost of an Ohio personal injury lawsuit.
To begin with, feel free to shop around for your attorney. Most will offer free consultations or case evaluations and can give you a better idea of a quote when you are actually in front of them giving the details of your claim. Next, ask them about contingency fees.
In layman’s terms, a contingency fee is the fee an attorney collects if, and only if, the client has money recovered for them (usually by a settlement or even a jury verdict) by the firm representing them. This practice can help to let you focus on recovering rather than worrying over the cost of your suit.
In the circumstance that the lawyer doesn’t recover any compensation, then the claimant may not pay for anything, except court filing fees or similar costs. Contingency fees are usually based on a percentage that equals about a third of the money recovered in the suit – which is only taken out after the money is awarded. If your lawyer chooses to use contingency fees, you will sit down with them and write out the rate and terms in a contract.
Under Ohio law, these contracts must follow the guidelines set by the Ohio Rules of Professional Conduct. The Court Statistics Project states that the average cost of an auto accident lawsuit averages $40,000 and that a simple slip and fall lawsuit can be up to $50,000. In many cases, big insurance companies or individuals will attempt to drag out litigation in hopes that the victims will give up, or accept a smaller settlement that they may be entitled to.
Beyond the costs of litigation, one must also be aware of the time frames involved in the type of suit you are filing for. In other words: how long do you have to file your suit. In Ohio, these are your guidelines for typical claims:
Personal Injury: Two years from the date of injury
Medical Malpractice: One year, the “clock” starts to run at the time the injury is discovered, or when the doctor/patient relationship for the treated condition ends.
Product Liability: Within two years after “cause of action” accrues.
Wrongful Death: Two years from the time of the victim’s death or from the date it was discovered that negligence was involved in the death.
Since these time frames are relatively short, if you plan on filing a personal injury suit it is paramount that you begin your research as soon as possible. In most cases, victims will have better chances of filing a suit and settling it in a timely manner with a personal injury attorney on their side.
At our firm we believe that everyone has a right to proper representation with the clients best interest at heart. We care about our neighbors in Ohio, and do everything in our power to make sure they are compensated fairly. We strive to ensure our clients can focus on what matters most – getting back to feeling well- as opposed to staying up at night, worrying over their case. We hope that this information has helped answer any questions you might have about if an Ohio personal injury lawsuit is expensive. If you have any questions about your potential claim, call us today at (937) 222-2030 to schedule your free consultation.
When you are injured in a car accident or at a place of business, it is important that you take action right away against the negligent party. This means finding a lawyer who will keep your best interests in mind, who will also get you the settlement you deserve. In order to ensure that you get everything you need out of your attorney, we have put together a list of things to look for in a great Ohio personal injury lawyer:
Find someone with plenty of experience
You need a lawyer who can prove that they have successfully handled and won cases like yours before. One of the best ways to ensure that your lawyer is someone who can be trusted is to find them through ‘word of mouth’. If you know someone who has gone through a similar situation as you are going through now, ask them who represented them and landed them the settlement that they deserved.
Find an Ohio personal injury lawyer who is passionate about helping people
If you hire a lawyer, you want to make sure it is someone who is passionate about getting you the outcome you desire. You want someone who understands what you have been through and who also have the drive to get you the results you deserve. If an attorney makes you feel as though you are just one of dozens of clients they are representing, move along.
Find someone who will stay in touch
Having a lawyer who is reliable is a must. If your representation hardly ever answers their phone or returns your calls, how will they ever render the settlement you know you are entitled to? Make sure your attorney is frequently available and eager to answer questions.
Ensure that each lawyer you consider is a specialist in personal injury.
Every Ohio personal injury lawyer was trained, at some point during their education, on the theory of personal injury law. This is very different from the practice of it, and extremely different from being able to win great results for their clients. At Cowan & Hilgeman Law, we exclusively practice personal injury law.
Find someone who is honest and respected in their field
Make sure you check reviews! We take enormous pride in the fact that we are one of Dayton’s top rated personal injury lawyers, across all review platforms. We’ve earned these ratings for a reason: because we care about our clients, and we get the results to prove it.
It can be incredibly difficult to find a great Ohio personal injury lawyer when there are simply so many to choose from. The good news is, you can speak with one of our personal injury attorneys for free, with no obligation, to see if we would be a good fit for your case. Call (937) 222-2030 today to schedule your consultation with one of Dayton’s top rated personal injury attorneys.
As the Coronavirus escalates, public roadways and highways have become empty in recent weeks as more people opt to stay in the safety of their homes. In an effort to reduce transmission among law enforcement officers, many police departments have also reduced the number and frequency of speed traps on highways. Many drivers appear to be taking advantage of the more open roads and lack of law enforcement, which has led to a dramatic increase in fatal car accidents nationwide.
A recent report released by the Governors Highways Safety Administration indicates a significant spike in speeding facilitated by the open highways. Many drivers have apparently completely thrown caution out the window, regularly hitting speeds of up to 100 mph. This, of course, makes the car accidents that do occur more dangerous.
The Governors Highways Safety Administration cautions every road user to adhere to set traffic safety laws, particularly during these unprecedented times where emergency response times may be longer and hospital resources are already stretched thin. The association is reminding road users to remain vigilant and follow all laws to avoid car accidents and reduce additional strain on hospital emergency rooms.
Recent car accident reports for 2020 to-date indicate that 17% of all traffic-related incidents involve pedestrians.
At the same time, the study indicates that pedestrians and bicycle riders have increased substantially in recent weeks following the decrease in motor vehicle traffic. More people sequestered at home means that more families are taking walks, going for bike rides and using our streets for entertainment rather than a means of conveyance. Drivers should be extra cautious of the increase in foot traffic.
The Governors’ Report suggest a significant increase in the number of speeding tickets issued in recent weeks.
Notably, some states have reported a reduction in crashes, but the few recorded accidents have turned out to be severe or even fatal, mainly because of over-speeding and reckless drivers. You may be tempted to put your foot down on a clear, unobstructed stretch of highway, but you should avoid this temptation at all costs.
Whether you are a driver or a pedestrian, obeying traffic rules is vital to keeping our roads and highways safe and accident-free as the country grapples with fighting this national pandemic. If you have been unfortunate enough to be involved in a car accident, you need an experienced car accident attorney on your side. Cowan & Hilgeman Law is one of Dayton’s top rated car accident attorneys. Call (937) 222-2030 today to schedule your FREE, no obligation phone or video consultation. If we don’t win your case, you don’t pay a penny.
At the offices of Cowan and Hilgeman we believe that our clients are more than just a case.
When you come to our firm we will treat you with the dignity and respect that every human being deserves. We will help you to make sense of this difficult time in your life, treating each case individually with an approach catered to your needs. More than that, we will dedicate ourselves tirelessly on your behalf, providing the stalwart service our clients have come to expect since 1994.
At this firm, we have high standards, which is why we are consistently rated as one of the top law firms in Dayton.
Yet the most satisfying achievement for us is the trust our clients have in us and the satisfaction they have with our representation. We are touched that so many individuals have entrusted their cases with us, and we just wanted to thank all who have sought out our help, and taken the time to share their experiences. We could list our strengths all day, but don’t take our word for it. Listen to what your neighbors have had to say about us:
If you have experienced an injury at no fault of your own, and are unsure what steps you need to take next, give us a call at 937-222-2030 for a free case evaluation today. We’re one of the top rated law firms in Dayton for so many reasons.
"I obtained the services of Jack and they made sure that everything was taken care of to aleviate stressors, and made my tragedy much easier to cope with without the extra mental burden of my pending case. The staff is always friendly and helpful and you couldnt find a better team to defend you or your family." Daniel U U
Contact Us
New Clients: (937) 729-0000 Existing Clients: (937) 222-2030 Fax: (937) 224-7182 Email: Jack@cowanhilgemanlaw.com Visit our Office.: 12 W. Monument Ave., Suite 100
Dayton, OH 45402
