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.

Can I Protect My Assets By Putting Them in Trust?

A client recently asked me whether they should put their financial accounts and property into trust in order to protect their assets now that their oldest child got a driver’s license. I thought I’d share my answer with you.

Putting your assets in a trust would NOT give you the protection you are seeking as creditors could still reach the assets of a trust during your lifetime.  Instead, I recommend getting an auto policy of at least $250,000/$500,000 with a $1 million umbrella on top of it.   

Check with your insurance agent because each company is different in terms of the minimums you need to have before an umbrella policy is written.  

Of course, if you are getting an umbrella policy, make sure that the coverage also extends to your uninsured/underinsured policy.

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

Case Law Update: Words Matter

In Omobien v. Flinn, (9th Dist.) 2021-Ohio-2096, the Ohio Ninth District Court of Appeals upheld the dismissal of a re-filed personal injury lawsuit on the basis that the Complaint failed to contain allegations setting forth an exception to the 2-year statute of limitations.

In Ohio, the statute of limitations on personal injury claims is two (2) years. See R.C. 2305.10(A).

In Omobien, the plaintiffs were in a motor vehicle collision on March 11, 2016. Applying the two-year statute of limitations, they would have to file their lawsuit by March 11, 2018. The Omobiens did, in fact, timely file a lawsuit within the two-year statute of limitations. Here’s where it gets interesting.

On May 8, 2019, the Omobiens voluntarily dismissed their initial lawsuit. Since the case was already timely filed but voluntarily dismissed - meaning the plaintiffs chose to dismiss the claim with the ability to re-file - Ohio’s Savings Statute, R.C. 2305.19(A) would apply to the time to re-file the action. The Savings Statute states:

(A) In any action that is commenced or attempted to be commenced, if in due time a judgment for the plaintiff is reversed or if the plaintiff fails otherwise than upon the merits, the plaintiff or, if the plaintiff dies and the cause of action survives, the plaintiff's representative may commence a new action within one year after the date of the reversal of the judgment or the plaintiff's failure otherwise than upon the merits or within the period of the original applicable statute of limitations, whichever occurs later. This division applies to any claim asserted in any pleading by a defendant.

Applying the Savings Statute, the Omobiens would have the ability to re-file their Complaint on or before May 8, 2020. The Omobiens did just that and re-filed their Complaint on May 8, 2020.

So what was the issue? In the re-filed Complaint, the Omobiens failed to plead an exception to the statute of limitations, i.e., facts that would show the Savings Statute applies. For example: “Plaintiffs previously filed a Complaint on _________ in Summit County Case # ________ which was voluntarily dismissed on May 8, 2019. Plaintiffs are re-filing this action pursuant to the time limitations in R.C. 2305.19(A).” That would have been sufficient, however, based upon the four corners of the re-filed Complaint, the trial court applied the two-year statute of limitations and dismissed the re-filed Complaint.

The Ohio Ninth District Court of Appeals affirmed the dismissal and the opinion is below.

Am I Liable for Drunk Guests at My Party?

So you’re throwing a party this weekend, can you be held  liable for the actions of a drunk guest and the harm they cause themselves or to others?  

Generally speaking, in Ohio, social hosts are not responsible for the actions of intoxicated adults or the harm they cause to others.  However, social hosts are liable for the injuries to — and caused by — intoxicated minors.  This is true even if all you did was allow the party to be held at your house.  This is why they say “parents who hosts, lose the most.”

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

School Injury Law: Parental Liability

Ohio’s parental liability statute, R.C. 3109.10, provides “[a]ny person is entitled to maintain an action to recover compensatory damages in a civil action . . . from the parent of a child under the age of eighteen if the child willfully and maliciously assaults the person by a means or force likely to produce great bodily harm.”

Ohio school injury attorney, Scott Kuboff, discusses the parental liability statute and the nature of the claim:

If your child has been bullied, hazed, or injured at school, please contact Scott for a no cost, no obligation consultation and case evaluation.

School Injury Law: Hazing Claims in Ohio

Revised Code Section 2903.31(A) defines “hazing” as: "[d]oing any act or coercing another, including the victim, to do any act of initiation into any student or other organization that causes or creates a substantial risk of causing mental or physical harm to any person."

Ohio school injury attorney, Scott Kuboff, discusses hazing claims in Ohio and who can be held responsible.

If your child has been bullied, hazed, or injured at school, please contact Scott for a no cost, no obligation consultation and case evaluation.

Bicycle Insurance: Is It Right for You?

Last week I had the opportunity to speak with Brian McCann, Co-Founder of Simple Bike Insurance, to learn more about the bicycle insurance products they offer.

While I cannot say purchasing bike insurance is for everyone - especially those who ride a lower end bike, infrequently ride, or are otherwise covered under an automobile UM/UIM policy - Simple Bike Insurance has three product categories that should appeal to the serious cyclist:

SMK cycling.jpg

Bike Coverage 

  • Bicycle physical damage insurance protection: Covers repairs or replacement of your bike if it is damaged or goes missing. You choose the value of your bike and Simple Bike Insurance can cover things like vandalism, crash damage, or a collision with another rider. Simple Bike Insurance even offers insurance protection to you while racing. Deductibles range from $200 to $500.

  • Worldwide physical damage protection: Simple Bike Insurance also offers worldwide physical damage insurance protection for when you travel outside of the US/Canada with your bicycle.

Rider Coverage 

  • Bicycle liability protection: Bicycle liability coverage helps protect you if you are responsible for injuries or property damage to another person or their belongings while using your bicycle. Limits range from $25,000 to $100,000.

  • Vehicle contact protection: This added coverage gives you the insurance protection you need in case you are hit by a vehicle that doesn’t carry the proper insurance protection to cover your losses. 

  • Medical payments: Cover your medical costs if you are injured while riding–up to your policy limit. Limits range from $1,000 to $10,000. This is particularly useful if you have high deductible medical insurance or no health insurance at all.

  • Roadside assistance: With this coverage, you can get nationwide 24-hour emergency service with up to 35 miles of transportation per breakdown–all for only $12 a year per bicycle.

Special Protection for Competitive Cyclists

  • Rental reimbursement: Simple Bike Insurance offers coverage for renting a substitute bicycle if your bike is damaged or stolen while you are away from home and participating in an organized ride—up to $250 per occurrence.

  • Competitive event fee reimbursement: Helps cover non-refundable prepaid entry fees up to $500 ($1,000 total per policy term) if your bike is involved in a covered crash, and you are unable to compete or participate.

I know there are other bicycle insurance products on the market and you should do your research to determine what product and company is right for you. Brian was simply kind enough to educate me on what Simple Bike Insurance offers and I wanted to share that with you.

If you want to learn more, check out Simple Bike Insurance at https://simplebikeinsurance.com

If you have sustained an injury in a bicycle crash, please contact Scott for a no cost, no obligation consultation and case evaluation.