Should I get a Personal Injury Lawyer?

If you have suffered an injury and think “should I get a personal injury lawyer,” it depends. Sometimes it is necessary to seek legal action to get fair and needed compensation for your injuries. You may find that your medical expenses are mounting and that you won’t be able to return to work anytime soon, if ever. If you begin to worry that the party responsible for your injuries isn’t willing to negotiate a fair settlement or you aren’t sure how to calculate what you will need,  it may be time to make use of a qualified personal injury lawyer, like Fred Boyk.

Damages

When you retain a personal injury attorney, they will seek, on your behalf, compensation for damages. Simply put, you need to be given money in recognition of your loss, suffering, or injury. The money can be used to pay off medical expenses and towards future medical expenses. It can be money to pay your bills, mortgage, and living expenses if you are out of work recovering. The term “damages” refers to the specific dollar amount a person seeks to address this loss of time, health, and money experienced after an injury.

Damages generally fall into two subcategories:

• Compensatory Damages

This term refers to damages experienced by the individual in the monetary sense. Compensatory damages can include the costs of medical treatments incurred by the injury, the loss of income due to the inability to work, and any physical/emotional pain they’ve had to live with because of the injury.

In some cases, compensatory damages can also be sought for any loss of recreational enjoyment. If a person’s injury prevents them from engaging in a hobby, damages can be sought regardless of the activity in question. In terms of legal damages, the inability to enjoy stamp collecting ranks equally with the loss of being able to play full-contact rugby.

• Punitive Damages

Sometimes, the actions or inactions of the plaintiff towards the injured party can be seen as so careless or uncaring that punitive damages can be requested in addition to the compensatory award.  Punitive damages can be awarded if the injured party can show the plaintiff willfully ignored safety protocols, purposely put the injured party in physically/emotionally dangerous situations, forced work without compensation, or generally engaged in behavior deemed inexcusable by the law and society.

Compensatory damages get sought to compensate the injured party. Punitive damages get sought to punish the offending party for their negligent or unacceptable behavior.

Insufficient Compensation

Sometimes, when an injured party does have a solid case for compensatory and/or punitive damages, the compensation offer may be purposely insufficient. Perhaps the plaintiff has purposely misled the parties about the available financial compensation, or maybe they’ve decided to to wait to see if a lawsuit will be filed. They could decide then to argue the claim in court and refuse to pay anything until a decision has been reached.  An experienced personal injury lawyer knows these tactics and is prepared to fight for fair and sufficient compensation.

When considering suing for damages in the state of Ohio, it’s important to consider several factors when taking legal action.

Legal Deadline

According to the Ohio Laws and Administrative Rules, a person (or persons) who suffers personal injury, property injury, or  a product liability claim has a deadline of two years from the accident to bring forth legal action. While that may seem like plenty of time, it’s important to remember someone who has suffered an injury might be incapacitated for a time or have impairments and limitations that prevent them from taking quick action.

Group Consensus

If multiple parties wish to take action as a joint claim against a single plaintiff, a group decision has to be made before moving forward, which can cause delays before deciding how to move forward. For example if several employees were injured at various times due to negligence on the part of the employer, they may wish to join together to present a more powerful case.

It’s not necessary to file a joint damage claim, but sometimes a unified effort may go further in establishing the depth of damages against the plaintiff for their failure to provide a safe working environment for example.

Choosing the Right Attorney

Finally, selecting an attorney can require time. If you have a deadline, you want to be consulting with attorneys with experience and knowledge of how personal injury cases should go.  Fred Boyk has fortunately has a long list of accomplishments in and out of the courtroom. A lifelong Toledo resident, he knows the court system and how to help his clients.  He has the experience, the knowledge base, and the caring attitude to strongly represent you in your time of need.

To learn how attorney Fred Boyk can help you, contact our office today