Author: Barkan Meizlish

The immediate aftermath of a car accident is a bewildering time for anyone. You’re dealing with a lot of emotions – often some combination of shock, fear, anger, pain, and confusion.

In a state like that, it’s no surprise that you might not handle those few minutes perfectly, especially if you don’t know what you should be doing. But as experienced personal injury lawyers in Ohio, Barkan Meizlish DeRose Cox, LLP have gone through a number of car accident cases, and we have a good sense of what may help – and what doesn’t – after a car accident.

Hopefully, you never need these tips, but if you ever do, we hope you find it helpful to avoid these five common mistakes people make after a car accident.

1. Not Calling the Police

Legally, the police should be called out to nearly any car accident, regardless of whether you think you’ll be calling a car accident attorney in Ohio to file a claim or not.

The police will record what happened at the accident, which will include your testimony and that of the other driver (assuming there is one), and other relevant evidence at the scene.

This evidence isn’t just for you to use in a claim if you choose to hire a car accident attorney in Ohio. Having this information on record also protects you from potential false claims the other driver and their car accident attorney may raise against you later.

Having the police record to dispute such claims is a powerful tool, and is just the legally appropriate thing to do.

2. Admitting Guilt For the Accident

Any car accident lawyer will tell you that one of the most important aspects of a car accident personal injury case is establishing liability and fault.

So, if you get out of your car and say something like, “I’m sorry, it’s my fault,” or “I didn’t see you there,” you’re potentially shifting the blame onto yourself.

Even if hiring a car accident attorney in Ohio isn’t in your plans, even casually admitting fault for the accident may signal to the other driver that they could hire a car accident attorney against you, and win.

3. Not Getting Medical Attention

Much in the same way calling the police to the site of an accident is a great way to make sure there is an accurate record of the event, making sure you see a doctor is the best way to get ahead of any health problems that may arise from your accident.

Often, people in car accidents think they feel fine, but once the adrenaline wears off, injury symptoms can start to show themselves. If you wait too long after an accident to be examined for these conditions, it can be difficult for a personal injury attorney to link those conditions or injuries to the accident itself. The personal injury lawyers at Barkan Meizlish DeRose Cox, LLP must be able to prove the accident proximately caused your injuries. Therefore, timely treatment is very important if you are injured. 

4. Posting On Social Media

Generally speaking, you’re going to want to offer as little information as possible on your social media channels about the accident. You should offer accurate information to the police, but only as much as they ask for.

Oversharing information about your accident is a great way to have that information turned around on you in a court of law. Your Facebook posts about the cause of the accident, your injuries, or even your activities after the accident, can all be detrimental to a case if you’re looking to hire a personal injury attorney to file a claim.

5. Not Hiring a Personal Injury Attorney for your Car Accident

There are a lot of things a car accident attorney can help you with in the immediate aftermath of a car accident. There are insurance forms and claims to fill out, medical considerations, and communication with the at-fault party.

In most cases, the above will consume your time, attempt to gain an advantage over you, and possibly ignore your rights.

At Barkan Meizlish DeRose Cox, LLP, our personal injury attorneys won’t let anyone trample on your rights when you’re at your most vulnerable. Contact us at 614-221-4221 if you or a loved one has been in a car accident, and let us help you heal and get back to normal.

The decision to talk to a Columbus personal injury attorney is never one made lightly. After an accident or injury, most people consider the possibility of contacting a personal injury lawyer at least once or twice.

Sadly, many will talk themselves out of the process before they even start, thinking that they don’t have a good case, or it’s too much hassle. We’re here to tell you not to ignore your rights.

At Barkan Meizlish DeRose Cox, LLP, our role is to help you navigate a post-injury process that is often stressful, confusing, and all-important. Here’s why you shouldn’t delay in contacting a Columbus personal injury attorney.

Contacting a Columbus Personal Injury Attorney is Free and No-Risk

You likely hear the words “free consultation” thrown around so often it ends up just sounding like noise. So let’s talk about what that actually means.

If you’ve been in an accident that wasn’t your fault, there’s a decent chance that you are at least considering the possibility of talking to a Columbus personal injury attorney, but aren’t sure if it’s the right move.

You might be asking yourself questions like:

“Will I be able to afford it?”

“Can they actually help me in my situation?”

“Is this going to be more trouble than it’s worth?”

“Do I even have a case?”

You don’t have to ponder these questions yourself. These are all very natural, normal questions to ask, and you deserve answers to them. A free consultation is where you can get those answers. You don’t have to stress about them on your own – an experienced personal injury attorney will listen to your situation, learn of the factual circumstances, and help lay out what your options are for the next steps.

That may consist of retaining our personal injury lawyers to fight for you, and it may not. We will be upfront about your standing, and what your options are. If we are not the right choice to help you, we will point you toward resources that can. If we are the right choice to help you, then we will. The choice is ultimately yours, and we want to empower you to make the one that’s right for you.

In either case, the free consultation is an opportunity for you to arm yourself with information about your options and make the best decision.

The Earlier You Contact a Columbus Personal Injury Attorney, the Better

If you’ve recently been in a car accident, truck accident, slip-and-fall accident, bicycle or pedestrian accident, or been otherwise injured by negligence from another person or people, the best time to contact a Columbus personal injury attorney is “right now.”

That’s because our job as personal injury lawyers isn’t only to help you recover damages and compensation. We also help you deal with uncooperative insurance companies and sort out confusing and often predatory paperwork. One of our most important jobs is to make a difficult time in your life easier, alleviating your stress and letting you focus on healing.

The earlier you contact a Columbus personal injury attorney, the sooner we can aid you during your recovery.

If you have been injured by another’s negligence, you are being wrongfully blamed for an accident that wasn’t your fault, or you’re dealing with an insurance company that won’t cover your claim, contact the personal injury lawyers at Barkan Meizlish DeRose Cox, LLP as soon as you can so we can get on your side and start fighting for you.

On Friday, June 3, 2022, a Ross County jury awarded Barkan Meizlish DeRose Cox client John R. Gilliland the right to participate in the Ohio Bureau of Workers’ Compensation Fund (BWC) for an injury that occurred in the course of and arising out of his employment.  

The jury rejected the employer’s argument that the injury did not occur while Mr. Gilliland was on the job. The case was tried over three days and the jury’s verdict was returned in less than two hours. 

The case will now be returned to the BWC where Mr. Gilliland will be awarded benefits for the fractured neck he suffered in the work-related accident.  The case was referred to Barkan Meizlish DeRose Cox by the law firm of Knisley Brush of Chillicothe, Ohio.

The case was tried by Ohio workers’ compensation trial attorneys Sandy Meizlish and Brian Noethlich.  It was the first trial for the firm since the onset of the pandemic.  

How Our Ohio Workers’ Compensation Trial Attorneys Fight for You

We know that this victory for hard-working Ohioans is just the first of many. The COVID-19 pandemic has caused interruptions and difficulties in many parts of our lives, including litigation and the court system. So while this win is just one of several to come, it is an important landmark for our trial workers’ compensation attorneys in Ohio.

As an accomplished Ohio workers’ compensation law firm, we continue to work tirelessly to defend your rights as a worker in Ohio. Mr. Gilliland’s case was one where an employer wanted to deny him access to the Ohio Bureau of Workers’ Compensation Fund to which he was entitled and had worked for. We didn’t let that happen.

 

The level of care, detail, and preparation that we put into this case, as well as the passion we put into fighting for our client, propelled us to victory. Mr. Gilliland was in the right, and we did everything in our power to make sure the jury saw that.

This is the type of passionate work, care, and dedication you can, and should, always expect from the trial workers’ compensation lawyers at Barkan Meizlish DeRose Cox all over the state of Ohio. We are ready to take your case all the way to trial and win if that’s what’s necessary.

We Are More Than Just Ohio Workers’ Compensation Attorneys

Today, the spotlight is on our trial workers’ compensation attorneys for their big win on behalf of a hard-working and deserving Ohioan. But Barkan Meizlish DeRose Cox is also a versatile Ohio law firm with employment attorneys working on behalf of Ohio workers in areas such as wrongful termination, discrimination, and unpaid wages and hours.

Even if you have not been injured or wronged by an employer, we are also skilled Columbus personal injury lawyers and auto accident lawyers ready to fight on your behalf to help you recover after an injury, accident, or employment issue wrongfully caused by another.

June’s trial win reaffirms our commitment to fighting for Ohioans to enforce their rights under the law. If you’ve suffered an injury on or off the job, physical, emotional, or financial, contact Barkan Meizlish DeRose Cox today and let us see how we can go to work for you!

How Does Product Liability Work in Ohio?

Injuries and accidents happen all the time. Injuries caused by a defective product may qualify you for a product liability lawsuit.

The Consumer Product Safety Commission (CPSC) organizes its accident, injury and fatality statistics into the following categories.

• Amusement Rides
• All-terrain vehicles and recreational off-road vehicles
• Carbon monoxide
• Chemicals
• Electrical
• Electrocutions
• Fire
• Fuel, lighters and fireworks
• Furniture and decor
• Home appliances, maintenance and construction
• Kitchen and dining
• Nonpool submersions
• Nursery products
• Older adults
• Other children’s products
• Other furniture and décor
• Other sports
• Pediatric poisonings
• Playgrounds
• Pool and spas
• Portable generators
• Portable generators and engine-driven tools
• Public facilities and products
• Sports and recreation
• Tipovers
• Toys
• Toys and children’s products

 

As extensive as that list is, it omits cars, trucks, automotive equipment, and a whole range of other items and devices that people regularly use in their homes and at work.

The categories of consumer products that are monitored for the harms they cause exist, first, to identify dangerous and defective items. That information is then used to either make products safer or to remove them from the market.

Second, the CPSC’s list reflects the bedrock legal principle that companies and individuals who make and sell products have enforceable duties to ensure their products will not injure or kill people. Breaching those duties creates product liability.

How Does Ohio Define Product Liability?

Section 2307.71 of the Ohio Revised Code (O.R.C.) states that manufacturers or suppliers face product liability when one of the items they make or sell causes a death or injury because the item

• Was poorly designed, formulated, constructed, assembled, repaired, or tested;
• Was deceptively or fraudulently marketed;
• Lacked sufficient warnings;
• Lacked adequate instructions for safe use; or
• Failed “to conform to any relevant representation or warranty.”

This section of the O.R.C. also defines a manufacturer as “a person [or company] engaged in a business to design, formulate, produce, create, make, construct, assemble, or rebuild a product or a component of a product.” Under the law, a supplier is either “a person [or company] that, in the course of a business conducted for the purpose, sells, distributes, leases, prepares, blends, packages, labels, or otherwise participates in the placing of a product in the stream of commerce” or “a person [or company] that, in the course of a business conducted for the purpose, installs, repairs, or maintains any aspect of a product.”

Grounds for filing a product liability lawsuit exist when the use of a defective or dangerous product directly causes death, physical injury or emotional distress to a person. The use can be one time for over an extended period. Property damage from a defective or dangerous product can also merit a lawsuit.

How Long Do I Have to File a Product Liability Claim in Ohio?

Generally, section 2305.01 of the O.R.C. sets the statute of limitations for a product liability claim at two years from the date on which a personal injury or wrongful death occurred. The law further specifies that injuries or deaths that happen more than 10 years after a product was purchased will not support claims for compensation.

A major exception to the statute of limitation involves injuries or death due to an exposure or ingestion of medications or hazardous and toxic chemicals, or the implantation or use of a medical device. In those situations, the deadline for filing a product liability lawsuit extends from the date on which a diagnosis of the harm was made.

What Types of Damages Can Be Claimed in a Product Liability Lawsuit?

Ohio’s product liability laws allow victims to demand compensatory and punitive damages. Compensatory damages are monetary settlements or jury awards that cover the costs of the victim’s past and future medical treatments, replace lost wages and future earnings, and compensate the victim for physical and emotional pain and suffering.

Punitive damages are noncriminal fines assessed to penalize a negligent or reckless manufacturer or supplier. These are also called exemplary damages because the financial penalty is meant to serve as an example of what could happen to another person or company that acts in a similarly negligent or reckless way. Only a jury can award punitive damages, but a product liability claim can be settled without going to trial.

On a final note, when a dangerous or defective product kills a user, Ohio law permits the victim’s spouse, adult child, next of kin, relative, or legal executor to file a wrongful death claim on the deceased victim’s behalf.