The Power of a Story

The value of your claim can be greatly improved by telling a compelling story of how your injury impacted your life.

The power of a story – that is what the accident took from you – is much more useful than saying “in addition to the economic damages incurred, my client also sustained pain, suffering, emotional distress, as well as other harms and losses.”

Let’s face it, everyone is going to assume you suffered pain and inconvenience.   Saying that alone doesn’t move them.  But your story will.  Here is an example:

The story you tell should be meaningful to you – whatever it is.  Ideally, your story can be told through visuals – family photographs, ticket stubs, newspaper articles, anything – as well as people who can testify on your behalf. 

If you have questions about personal injury claims please contact Scott for a no cost, no obligation consultation and case evaluation.

How Much is My Case Worth?

The question “how much is my case worth” frequently asked and is quite difficult to answer in the early stages. It is practically impossible to predict the value of a case until all of the information has been collected and you have recovered or almost recovered from your injury.

There are many factors that determine the value of a case which include:

NATURE AND EXTENT OF INJURIES AND TREATMENT

  • “Soft tissue” injuries – strains, sprains, and back pains – are generally valued differently than fractures which are valued differently than catastrophic injuries or death.

  • Extent of the treatment that is necessary to treat the injuries

  • Whether there are any gaps in treatment or issues of non-compliance with order

  • Permanency of your injuries

 ECONOMIC DAMAGES

  • Medical bills, lost wages and other expenditures

  • And whether or not you’ll incur these in the future

 NON-ECONOMIC DAMAGES – the other harms and losses that you sustained but do not come with a price tag or receipt.

  • How bad did it hurt

  • How long did it hurt

  • How much did it interfere with your life

LIABILITY ANALYSIS: The extent of liability on the part of the potential defendant and whether there is any evidence that you caused or contributed in any way to your own injuries

INSURANCE AND COVERAGE: Which insurance company is involved in the case, is there coverage for the loss, and what is the limits of the policy.

If you have questions about personal injury claims please contact Scott for a no cost, no obligation consultation and case evaluation.

3 Types of Damages in a Personal Injury Case

Generally speaking – there are 3 types of damages – that you can recover in a personal injury lawsuit.

ECONOMIC DAMAGES (money damages) - includes past, present and future

  • Medical expenses

  • Lost wages

  • Property damage

  • Other expenditure you incurred as a result of your injury

NON-ECONOMIC DAMAGES – the other harms and losses that you sustained but do not come with a price tag or receipt.  

  • Pain and suffering

  • Mental anguish

  • Effect on personal relationships

  • Injuries impact your life

PUNITIVE DAMAGES may be awarded as a punishment and to discourage others from committing similar wrongful acts. Must show they acted:

  • state of mind characterized by hatred, ill will, or a spirit of revenge

  • a conscious disregard for the rights and safety of another person that has a great probability of causing substantial harm

If you have questions about personal injury claims please contact Scott for a no cost, no obligation consultation and case evaluation.

What is a Survival Claim?

Ohio personal injury attorney, Scott Kuboff, discusses R.C. 2305.21 and the damages an estate can recover for claims that survive someone's death.

R.C. 2305.21 provides “causes of action for . . . injuries to the person or property. . . shall survive; and such actions may be brought notwithstanding the death of the person entitled . . . thereto.” In other words, survival claims are to recover damages suffered by the decedent before his or her death including, but not limited to:

  • Medical expenses

  • Lost income

  • Pain and suffering

These damages become part of the estate, subject to creditors, and are distributed according to the decedent’s will. 

If you have a question on a wrongful death or survival claim, please contact Scott for a no cost, no obligation consultation and case evaluation.

“Profit Over People” Prevails Again

             Unfortunately, in Simpkins v. Grace Brethren Church of Delaware, 2016-Ohio-8118 the principle of “profit over people” prevailed yet again.   If there was ever a set of facts to declare as unconstitutional the non-economic damages caps of R.C. 2315.18, this was the case. 

              In Simpkins, the plaintiff brought a lawsuit against a church for its pastor’s actions in forcing oral and vaginal intercourse with the plaintiff who, at the time of being raped, was 15 years old.   The jury found that the plaintiff was entitled to $3,651,378.85 in compensatory damages, which included the following: $1,378.85 for past economic damages, $150,000 for future economic damages, $1,500,000 for past noneconomic damages, and $2,000,000 for future noneconomic damages.   

              The trial court, in applying R.C. 2315.18(B)(2), reduced the plaintiff’s noneconomic damages from $3.5 million to $350,000 and, accordingly, entered a judgment in plaintiff’s favor for $500,000; which is $3.1 million dollars less than a jury of her peers awarded her.  So why did the court do that?

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How to Protect Yourself BEFORE a Bicycle Accident

For cyclists, this week served as yet another painful reminder of the vulnerability that we face every time we roll out onto the roadway and the catastrophic harm that can be caused for ourselves and our families.   While I trust most cyclists are careful, it is the distracted driver, the impatient driver, or the drunk driver that we have to worry about.   Their actions (and reactions) are completely out of our hands.  

I previously posted an article titled “What to do if You’re Involved in a Bicycle Accident” which you should check out first.   What that article does not address is the steps you should take before an accident happens to protect yourself and your family afterwards.   In other words, buy as much insurance as you can reasonably afford.  While this is not a comprehensive discussion on the issue of insurance, or the available types, here are a few types of insurance that you should absolutely have if you’re a cyclist:   

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Suing the State: Political Subdivision Tort Liability

If you were injured by the conduct of an employee or agent of a city, county, or other government entity, bringing a suit for damages can be difficult.   Historically, individuals could not sue the government in tort as it was immune from liability.   In 1985, however, the Ohio General Assembly enacted R.C. § 2744, the Political Subdivision Tort Liability Act, paving the way for political subdivisions of the State of Ohio to be sued in limited circumstances.     

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R.C. 3109.10: Strict Parental Liability for a Child's Assault

 A school-yard fight.   A neighborhood bully.  An opposing player who loses his cool.   There can be a number of scenarios where your child can become the victim of a willful and malicious assault.   Hopefully the most serious injury will be a bruised ego.  However, if your child suffered serious injury, which required medical attention, you do have an avenue to recover damages.

     In Ohio, R.C. 3109.10 imposes strict liability on the parents of a child who willfully and maliciously assaults another.   Strict liability imposes liability on an individual without the need to prove negligence or some other type of wrongful conduct.  Specifically, R.C. 3109.10 provides, in relevant part:

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Recovering for Injuries Sustained from a Dog Bite

According to the American Veterinary Medical Association, approximately 37% of American households – over 43 million – own a dog.   Most dog-owners (myself included) believe that our pets are harmless and would never bite anyone or anything.   However, that is not always the case.  I have represented many Ohioans who have been seriously injured by vicious attacks of a family dog.   Those who are fortunate, walk away with scratches or small puncture wounds.   Others’ injuries are more serious: permanent scarring, nerve damage, broken bones, loss of muscle tissue, or even loss of limbs.    

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