West Virginia and Ohio Personal Injury Legal Topics by Jan Dils & Jim Leach
January 27th, 2012
Car accidents often aggravate preexisting medical conditions and injuries, including:
- Neck, back and shoulder injuries
- Joint trauma and injury
- Herniated disk
If you experience greater pain or a worsening of your condition following a car accident caused by a negligent driver, you may be able to recover compensation to pay for medical and other expenses.
If your preexisting condition has not been changed by the car accident, then you are not entitled to compensation because no injury has occurred.
As part of what to do after a car accident, you should:
- Seek medical attention as soon as possible.
- Disclose all prior injuries and medical conditions in your car accident claim.
By seeking medical attention, you are creating documentation of any injuries caused by the accident. This medical record allows your lawyer to accurately show the change in your medical condition.
You should disclose your existing condition up front, both to demonstrate the integrity of your claim and to show that an aggravation of the condition has occurred.
If you have been in a car accident in Parkersburg or the surrounding West Virginia areas, please contact the experienced car accident lawyers Jan Dils & Jim Leach, Attorneys at Law, PLLC, to schedule a consultation.
Posted in Car Accident | Comments Off
January 25th, 2012
Sometimes, a car accident involves some degree of fault by both parties. For example, you may have been traveling slightly over the speed limit when another driver turned in front of you. In this situation, it may be determined that your speeding played a very minor role in causing the accident.
If you suffered injuries from the accident, your ability to receive compensation depends on the US state in which you reside. Negligence (fault) is determined based upon:
- Contributory negligence
- Comparative negligence
- Modified comparative negligence
Most US states, including Ohio and West Virginia, have adopted a modified comparative negligence method in determining fault and compensation.
Comparative negligence recognizes both drivers can be partly at fault. Under pure comparative negligence, a judge or jury determines the degree of fault for each party, and then damages are apportioned to each party based directly on the degree of fault.
Contributory negligence is used by only five US states. Under this apportionment law, if you are at fault to any degree, then you cannot receive compensation for your injuries.
In West Virginia, the 50 percent rule of modified comparative negligence means you can receive compensation if you are 49 percent or less at fault. In Ohio, the 51 percent rule stipulates that you can be 50 percent or less at fault and still receive compensation for your injuries. In both modified negligence laws, the amount of compensation corresponds to the degree of fault.
If you live in West Virginia or Ohio, including Parkersburg and Belpre, and have been in a car accident, please contact the experienced car accident lawyers Jan Dils & Jim Leach, Attorneys at Law, PLLC, to schedule a consultation.
Posted in Car Accident | Comments Off
December 29th, 2011
If you have been injured physically or psychologically because of someone else’s negligence, you may be able to recover compensation for your personal injury expenses, as well as deter the person from repeating his or her negligent behavior.
As an initial step in the process, you will visit accident attorneys Jan Dils and Jim Leach for a consultation. During this appointment, you will discuss the details of your case.
The steps to resolving your personal injury case will likely include:
- Investigation of your claim. Attorneys Jan Dils and Jim Leach have a unique case management system, in which they act quickly to acquire timely evidence, including photographs, police reports and medical records.
- Making a claim for compensation. A claim is made to the other party’s insurance company or another entity. The claim requests compensation for your injuries. Attorneys Dils and Leach aggressively pursue the full value of compensation and provide all of the evidence with your compensation claim.
- Litigation if necessary. If the insurance company accepts your claim, you will be offered a settlement. If you are unsatisfied with the amount of the settlement, litigation may follow, which includes filing a lawsuit and gathering evidence.
- Trial if necessary. Your personal injury case may go to trial.
Jan Dils and Jim Leach act quickly and aggressively to seek compensation from the careless person who caused your injury. While assessing your case, they will make sure that you are informed of every step of resolving your case.
If you have been injured because of someone else’s negligence, please contact the experienced Parkersburg, West Virginia, personal injury lawyers at Jan Dils & Jim Leach, Attorneys at Law, PLLC, to schedule a consultation.
Posted in Auto Accidents, Personal Injury | No Comments »
December 20th, 2011
Personal injury law deals with physical and psychological injuries caused by a person’s negligence.
Personal injury is known as a “tort,” which means the act is considered civil wrongdoing as opposed to a criminal act.
Two primary aspects of a personal injury case are:
- Wrongdoer negligence.
- Presence of injury.
Personal injury law is designed to provide recovery for damages. After being injured, you could be facing many expenses even though the accident was not your fault. Typical personal injury damages include:
- Medical expenses
- Current and future lost wages
- Psychological suffering
- Loss of companionship
- Pain and suffering
An important part of your personal injury case is establishing the negligence of the person who caused your injury. When someone acts negligently, they fail to use care that a reasonable person would have used. Your injury must be a foreseeable consequence of the person’s carelessness.
If you have been injured by no fault of your own, you should not have to deal with the consequences of your injury while your offender pays nothing. Personal injury law aims to make you whole again by recovering compensation for your losses.
For legal guidance for personal injury in Parkersburg and the surrounding West Virginia areas, please contact the experienced personal injury attorneys at Jan Dils & Jim Leach, Attorneys at Law, PLLC, to schedule a consultation.
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December 16th, 2011
If you are involved in a car accident, you may or may not see an increase in your insurance rates. The chance of increase generally depends on whether the accident was your fault and the severity of the accident. A minor accident caused by the other driver is the least likely to affect your insurance premium.
There are a couple situations in which you may see your insurance go up:
- You are at fault for the car accident. Negligent drivers who cause car accidents often see rate increases of hundreds of dollars a year.
- The accident results in the DMV adding points to your driving record. For example, if you were speeding when the accident occurred, you may receive traffic violation points from the DMV, and your insurance company may increase your rates as a result.
To an insurance company, both of these situations make you appear to be a risky driver to cover. The insurance company increases your premium because they are anticipating paying for future damages.
Some insurance policies provide “accident forgiveness,” which does not fault you for a first-time accident if you have an otherwise good driving record.
Do not pay expenses for injuries caused by a negligent driver. If you have been in a car accident in Athens or the surrounding Ohio areas, please contact the experienced auto accident lawyers at Jan Dils & Jim Leach, Attorneys at Law, PLLC, to schedule a consultation.
Posted in Auto Accidents, Personal Injury, Truck Accidents | No Comments »
December 12th, 2011
Recent estimates put the percentage of uninsured drivers at more than 13 percent nationwide. 47 states, including Ohio and West Virginia, require liability insurance for drivers, yet some drivers simply ignore the law.
If you have been in a car accident with an uninsured driver, your specific course of action will depend on whether:
- You have uninsured motorist coverage. Insurance companies offer this coverage at an additional cost. The coverage will provide compensation if you are in a car accident caused by an uninsured driver.
- You do not have uninsured motorist coverage. In this situation, you will need to look to your own insurance for coverage. You should also consult attorneys Jan Dils and Jim Leach, who can review the unique aspects of your case and determine other opportunities for compensation.
If you do have uninsured motorist coverage, you should note you will not be able to receive this compensation unless the accident was caused by the other driver’s negligence.
Navigating the legal process is complex. An attorney can maximize your compensation. If you have been in a car accident in Morgantown or the surrounding West Virginia areas, please contact the experienced attorneys at Jan Dils & Jim Leach, Attorneys at Law, PLLC, to schedule a consultation.
Posted in Auto Accidents | No Comments »
November 22nd, 2011
In the case of a car accident, fault equates to negligence. Negligence can be thought of as failure to exercise the care that a reasonable person would have exercised in the same situation.
To prove negligence, the following legal aspects must be established in your case:
- Duty
- Breach of duty
- Causation
- Damages
In a car accident, a driver’s “duty” refers to the responsibility to obey traffic laws and avoid accidents. When a driver carelessly violates these duties, the duties have been “breached.” If the breach of duty leads to an accident, the breach is considered causation of the accident. Finally, you must have some sort of damages as a result of the car accident.
Damages may include:
- Bodily injury
- Lost wages
- Property damage
If the other driver is deemed negligent, you may be entitled to compensation from the driver’s insurance company. The amount of compensation will vary and depends on the expenses the accident has caused you.
Having an experienced attorney is vital to recovering compensation. Attorneys Jim Leach and Jan Dils have lengthy experience dealing specifically with the insurance companies of negligent drivers. These companies will protect their policyholder, and you need an attorney who will fight for maximum compensation.
If you live in southern Ohio or West Virginia, including the areas of Belpre, Parkersburg, Wheeling, Athens or Morgantown, and have been in a car accident, please contact the experienced accident lawyers at Jan Dils & Jim Leach, Attorneys at Law, PLLC, to schedule a consultation.
Posted in Auto Accidents | No Comments »
November 18th, 2011
Although there is always risk inherent in driving, you can significantly reduce your chances of a car accident by following these tips for safe driving:
- Never drive while intoxicated. Do not drive under the influence of drugs, and call a cab or ask a designated driver for a ride home if you have been drinking.
- “Scan” the roadway. Instead of keeping your eyes locked on the vehicle in front of you, get into the habit of also observing what is happening within all areas of your field of vision.
- Prevent distracted driving. Cell phone conversations and texting often lead to car accidents.
- Check your blind spots, especially before changing lanes. Even with the most effective positioning of your mirrors, you may not be able to see another vehicle beside you, like a motorcycle, for example.
- Do not drive aggressively. This tip is fairly general because it encompasses a variety of driver behaviors. Aggressive driving includes tailgating, speeding, changing lanes improperly, failing to yield, and cursing or gesturing imprudently at other drivers.
These are just a few of the ways you can practice safe driving and avoid a car accident. Sometimes, safe drivers are the victims of car accidents caused by negligent drivers. After a car accident caused by someone else’s negligence, you may be entitled to compensation for your injuries.
For legal guidance following a car accident in Parkersburg, West Virginia, or the surrounding areas, please contact experienced accident lawyers Jan Dils & Jim Leach, Attorneys at Law, PLLC, to schedule a consultation.
Posted in Auto Accidents | No Comments »
November 14th, 2011
Car accidents often involve some degree of human error, although the driver’s behavior may be combined with other factors in leading to an accident.
The factors contributing to car accidents include:
- The driver
- Mechanical failures
- Road design
- Road conditions
Mechanical failures of your car include problems with the brakes, steering components or tires. When these things fail, it can cause a car accident.
Negligent drivers often blame the road for accidents. Sometimes, the condition and design of the road can contribute to the situation. For example, inclement weather can make a poorly designed road even more dangerous.
More often, a driver is the cause of a car accident. After a car crash, you could be left facing serious injuries and expenses. A negligent driver puts you and your family at risk when he or she engages in any of the following:
- Speeding
- Driving under the influence of drugs or alcohol
- Inattentiveness or distraction
- Fatigue
- Tailgating
- Failure to yield
- Improper lane change
These and other behaviors can lead to a negligent driver injuring you and your passengers, and damaging your vehicle.
If you have been in a car accident in Parkersburg, West Virginia, or the surrounding areas, please contact the experienced accident attorneys Jan Dils and Jim Leach, Attorneys at Law PLLC, to schedule a consultation.
Posted in Auto Accidents | No Comments »
November 9th, 2011
Do not pay for bodily injury and property damage caused by someone else’s negligence. If another driver caused you to be involved in a car accident, you can receive compensation from the at-fault driver’s insurance company.
To receive compensation, the at-fault driver must have acted negligently and caused your injury and property damage. Neck injuries like whiplash are common car accident injuries, and property damage stemming from a car accident is usually any damage to the vehicle.
After a car accident, some people choose to simply pay the costs regardless of fault of the other driver, but as a responsible driver, you should not have to pay for another motorist’s irresponsibility and inattention.
You could be faced with many damages after a car accident, including:
- Medical bills
- Repairs for your vehicle
- Lost wages
- Pain and suffering
- Wrongful death
Car accident attorneys Jim Leach and Jan Dils aggressively pursue compensation from the insurance companies of at-fault drivers. Even though the accident was the other driver’s fault, insurance companies protect their policyholders. Attorneys Leach and Dil have the experience necessary to ensure you get the compensation you are entitled to.
If you have been in a car accident in Parkersburg or the surrounding West Virginia areas, get the compensation you deserve. Please contact Jan Dils and Jim Leach, Attorneys at Law, PLLC, to schedule a consultation.
Posted in Auto Accidents | No Comments »
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