When a car accident happens, the last things on a person’s mind are usually the first things the TDP Law Firm thinks about. When you hire TDP to represent you, we handle the insurance company, instead of letting the insurance company handle you. Unfortunately, after a car accident, insurance companies know that you are not thinking about your legal rights, you might not have a car to get to work, or you may be coping with doctor visits. At TDP Law Firm, we don’t let the insurance companies use your situation to their advantage. We work hard to get you paid for all of your damages by investigating each accident, securing your medical records and billing, talking to the proper experts, and exploring all sources of recovery, whether it is an employer, a secondary insurance policy, or even your own insurance policy, and litigating your claim if needed.
CAR ACCIDENT FAQ
WHY DO I NEED AN ATTORNEY FOR MY CAR ACCIDENT CLAIM? CAN’T I JUST HANDLE IT MYSELF?
Usually, we respond to this question by asking our own question. Would you try to diagnose cancer yourself? The attorneys at TDP handle various types of injury claims and have in-depth understanding of how insurance companies value claims and the fair money value of certain injuries. The average person may only be injured once in a
lifetime in a car crash. The attorneys at TDP Law Firm see car accident claims every day. The truth is that insurance companies can use an injured person’s inexperience to their advantage. Having a TDP attorney on your side not only levels the playing field with the insurance company, but it also sends the message that if the compensation is not adequate, you have a lawyer that will file a lawsuit. Most injury victims that “go it alone” settle their claims for far less than they are entitled to and fail to consider all aspects of their damages, including third party subrogation rights, hidden bills, lost wages, out of pocket medication expenses, and other types of losses too numerous to mention.
The first thing you should do is notify the police that you have been in a crash and have them document the crash in a police report. Second, you should request the driver’s license of the other driver and take a picture of it with your phone. At a minimum you should write down the driver’s
I’VE JUST BEEN IN A CAR ACCIDENT AND I THINK I AM HURT, WHAT DO I DO?
name, driver’s license number, license plate, and the names and phone numbers of any witnesses. Unfortunately, police officers sometimes take down incorrect information or fail to identify witnesses to a crash, so it is up to you to make sure you get this information. Third, you should call the attorneys at TDP Law Firm. We can help you notify your own insurance company that you have been in a crash, and start the claims process with the other insurance company. After the police have been notified, you should “listen” to your body. If you think you have been injured, you need to seek medical attention for your injuries right away. After a crash, your adrenaline may be at a high level and until this adrenaline resides, you may not be aware of your injuries. You may be in shock. Sometimes, injuries may not become apparent until days after the crash, however, as soon as you become aware that you have been injured in any way from a crash, you need to seek the advice of a medical professional. Now is not the time to “tough it out.” If your injuries get worse later on, you will have the medical documentation you need to prove that they were caused by the crash. Whether right or wrong, insurance companies are more likely to pay full value for your injuries if they have been properly documented by a medical professional when your injuries occur.
I HAVE BEEN HURT IN A CAR ACCIDENT, WHO IS GOING TO PAY THE BILLS FOR MY TREATMENT?
The most important thing for anyone who has been injured in car accident is to take care of his or her health first. Unfortunately, this often comes at a cost. The attorneys at TDP Law Firm will help you figure out the best way to handle your medical bills while your claim is being processed or litigated. Sometimes, your health insurance may be the best option, sometimes your own automobile insurance company may be able to pay the bills, other times, we can try to work with your medical provider to stop collections activity until your claim has been resolved. When you call TDP Law Firm, we can discuss all the possibilities and advise you about the best course of action for you.
Despite the fact that Ohio requires drivers to maintain minimum insurance coverage, many drivers drive without insurance. Often, a driver’s own insurance policies contain underinsured/uninsured motorist’s insurance coverage, sometimes referred to as UM/UIM insurance. This insurance will pay for your injuries if you are hit by an
THE PERSON THAT HIT ME DOES NOT HAVE INSURANCE OR FLED THE SCENE AND I AM HURT, WHAT DO I DO NOW?
uninsured driver or a “hit and run” driver. It will also pay for a portion of your injuries if the person that hit you does not have as much insurance coverage as you do. If you were a passenger in a car, you may be covered by your own UM/UIM insurance or the owner’s or driver’s UM/UIM insurance. Even if you were not in a car when you were hit (as a pedestrian, or just exiting your car) if the person who hit you is uninsured, you may be covered by your own UM/UIM insurance for your injuries. When you call TDP Law Firm, our attorney’s will help determine all the potential insurance coverage that may be available to you to help get you compensated for your injuries.
HOW LONG WILL MY CASE TAKE?
If you ask ten attorneys this question, you will most likely get ten different answers. Some cases can be resolved quickly while others take months or even years. There is not a “one size fits all” approach to how fast a claim can
resolve. All types of factors come into play when determining how long a claim will take to resolve. Claims with multiple parties or complex issues of liability or claims with significant medical treatment and bills, or claims with slow moving insurance companies/adjusters can all take longer to resolve. Claims that result in a lawsuit almost always take longer to resolve. There are many good reasons, though, not to rush your injury claim. First, you only get one chance at your claim, once your claim is resolved through settlement or trial, you cannot go back for more money if it turns out you were more injured than you thought. It makes sense to resolve your claim once you are sure of the scope of your injuries and bills. Second, insurance adjusters are people and can sense if someone appears desperate. If the insurance company thinks you are desperate, it may reflect in the amount of money it is willing to pay for your claim. The attorneys at TDP Law Firm will keep you updated about your case and will work diligently to resolve it with all these factors in mind.
HOW MUCH IS MY CASE WORTH?
Unfortunately, this question is hard to answer even though it is asked invariably by every client. So many factors come into play in valuing a case that no attorney can honestly say he knows exactly how much a case is worth. Every case is different and even cases with similar facts and injuries can have different outcomes. Different insurance companies use different models to assess case value and claim value can be affected by the type of injuries, the quality of medical treatment, the speed of recovery, and the facts of the case among other factors. To complicate matters of case value, no attorney can predict what a particular jury may award for a particular claim on any given day. The attorneys at TDP Law Firm have significant experience handling car accident claims and use their experience, client input, and other resources including jury verdict reporters to help guide them to reaching an estimate of a case’s value. The entire TDP Law Firm works diligently to make sure that every factor that affects case value is maximized in favor of its clients.
AN INSURANCE COMPANY CALLED ME AND WANTS A RECORDED STATEMENT, WHAT SHOULD I DO?
Insurance companies often call accident victims right away to get them to give a recorded statement about what happened. The other driver’s insurance representative will make it seem like it is “no big deal,” but it is a big deal. What you say on the phone (or don’t say on the phone) to the other driver’s insurance company can be used to deny your claim or used against you in a lawsuit should one
become necessary. Usually, a recorded statement only helps the insurance company and not you. If the other driver’s insurance company calls you, you are under no obligation to give a recorded statement and, at this point, you should call an attorney at TDP Law Firm to discuss your rights and responsibilities prior to giving a recorded statement.
***If your insurance company calls you for a recorded statement, you are probably required to give a recorded statement to them. Most insurance policies have a “cooperation clause” or requirement that an insured “consent to a recorded statement upon request.” If you fail to give your own insurance company a recorded statement within a reasonable amount of time, it may deny you insurance coverage for the crash if you are ultimately determined at fault or it may deny your uninsured/underinsured motorist’s insurance. If you have been in a motor vehicle crash that you believe was not your fault and your insurance company calls you for a recorded statement, call TDP Law Firm and we can help you understand the process of the call and protect your rights.
The answer is maybe. While it may seem odd that you can recover against your family member for injuries they caused to you in a car crash, some better insurance policies will allow you to make an insurance claim for your injuries to a household family member caused by another member of your household while driving your insured car. This is not medical payments coverage, but rather a direct liability claim under the policy that will pay for things like pain and suffering, lost wages, and medical bills. In fact, the
I WAS IN AN ACCIDENT WITH MY [HUSBAND, WIFE, CHILD, ETC.] DRIVING MY CAR AND MY [HUSBAND, WIFE, CHILD, ETC.] WAS AT FAULT, CAN I MAKE AN INJURY CLAIM?
Ohio Legislature has recently enacted a law that states that even if your policy excludes this type of coverage, if a family member has been killed as a result of this type of crash, the insurance company must provide coverage (with certain exceptions) (O.R.C. 3937.46) This area of insurance coverage is not widely advertised and may vary depending on the policy, therefore, if you have been hurt by a member of your family in a car crash, call TDP Law Firm right away so we can help you determine if insurance coverage exists in your situation.
COMMERCIAL VEHICLE ACCIDENT FAQ
Car accidents involving commercial vehicles (delivery trucks, semi trucks, box trucks, etc.) maintain many aspects of a car versus car crash, but they also can present different legal issues because they often involve different laws, much larger insurance limits, corporate defendants, and employer/employee issues. The attorneys at TDP Law Firm use their knowledge of these differences to pursue all avenues of recovery for their clients. Whether a commercial vehicle failed to comply with weight and size requirements, or a driver failed to take mandatory breaks, or a driver failed to follow internal company policy are all issues, among others, that TDP Law Firm may consider when it advocates for its clients involved in commercial vehicle accidents. If you have been injured by a commercial vehicle, call the attorneys at TDP Law Firm right away, so we can begin investigating the crash for you and protect your claim and your rights.
MEDICAL MALPRACTICE
FAQ
When health care providers make medical mistakes, many times the result is serious injury or death. Many medical malpractice victims do not get straight answers from their providers and can be frustrated into thinking that their medical outcome was just a bad result instead of medical malpractice. Often medical malpractice victims seek the advice of an attorney because they cannot get an answer from their doctor about the reasons for their medical condition. If you think you have been a victim of medical malpractice, it is important to seek the advice of a medical malpractice attorney at TDP Law Firm immediately. In Ohio, people who have been injured by medical malpractice have very short time frames to file a lawsuit to protect their claim and seek compensation from the doctor that hurt them. When you call the attorneys at TDP, we will give you a candid evaluation of your claim and discuss your options. Unfortunately,
medical malpractice claims can be very expensive to litigate and most doctors fight these claims at every turn. For this reason, the attorneys at TDP Law Firm cannot take every case, but for the cases we do decide to handle, our clients can be confident that we will aggressively pursue their claims using all the resources at our disposal to get the answers they deserve and just compensation for their injuries.
PREMISES LIABILITY
FAQ
When a person is injured on a rental property or the property of another person, the person may be entitled to compensation for his or her injuries. Premises liability claims can present themselves in a variety of ways, a fall on broken steps, injury from a broken shower, unnatural accumulations of ice that cause a fall, or injury from defective shelving. Landlords and businesses have various duties to keep their properties safe to renters and/or the general public. When they fail in their responsibilities and injuries result, TDP Law Firm will hold them accountable for the injuries they cause. If you have been injured on a rental property or a business property, call TDP Law Firm right away. As time passes, it can become more difficult to secure the evidence you will need to get you the best compensation for your injuries. When you call us, we can assist you in finding out who is the “true” responsible party and help you document the conditions that resulted in your injury.
CATASTROPHIC INJURES
AND WRONGFUL DEATHS
FAQ
Sometimes, a defendant’s negligence results in serious injuries or death to a loved one. These types of cases are often complex and the stakes are very high. Catastrophic injury cases and death cases often require the use of additional experts including life care planners, vocational rehabilitation experts, and economists. The attorneys at TDP Law Firm will work with these experts to make sure that their client’s damages are properly assessed and documented to maximize their recovery.
