If you or someone you love has been hurt in an accident that was caused by someone else, you are likely to have more questions than you have answers right now. At the Piscitelli Law Firm, our expert personal injury attorneys understand just how overwhelming all of this can be, and we can help answer your questions and begin working through the legal process of filing a claim.
What are common examples of medical malpractice?
Medical malpractice typically involves mistakes or errors made by doctors, nurses and hospitals. It can include failing to perform, failing to diagnose or performing substandard care, as well as causing direct harm.
What can I recover in medical malpractice suits?
Victims of medical malpractice can recover compensation for economic and noneconomic damages, such as medical expenses (past and future), lost income, pain and suffering, and other injury-related costs.
Who is able to file a medical malpractice claim?
Anyone who has incurred illness or injury as a result of a doctor’s or medical professional’s negligence can file a medical malpractice suit. If it is a young child who has suffered a birth injury, the family can file on their behalf.
How do I prove a medical malpractice case?
To prove medical malpractice, a case requires three main elements. This includes that the defendant did not behave properly or uphold medical standards, which may be verified through medical testimony. You must prove that the injury was caused by the negligence, and you must show what damages were caused.
How is fault determined in vehicle wreck?
Fault is primarily established based on the concept of negligence. Every driver has a duty to avoid endangering those who share the road. This means they must take any and all necessary precautions while driving, and the failure to do so is considered negligence. When a driver’s negligence leads to an accident, he or she is considered at fault. However, this is not always a simple concept: Sometimes negligence can be difficult to prove and other times, more than one driver may have contributed. This is why it is necessary to have quality legal counsel fighting for you.
What if I’m hurt and I can’t afford to pay my bills or I don’t have medical insurance?
There are options for you even if you do not have medical insurance. You must go see your doctor or visit the ER after an accident. Not only will you receive the attention you need, but you will also be able to provide an attorney with a record of your injuries and treatment, which can be given to the other driver’s insurance company as evidence of your claim.
How long do I have to file a lawsuit?
Generally, you have about two years to file a lawsuit after an accident. Although the exact amount of time may vary depending on the circumstances, this is why it is imperative to seek out the services of an attorney right away.
What if the other driver does not have insurance?
Fortunately, even if the other driver in an accident does not have insurance, you may still have options enabling you to collect. Most policies have what is called uninsured motorist coverage, which protects you in this exact scenario.
The other driver’s insurance provider has offered me a settlement; should I accept it?
Before accepting any settlement, you should speak with Frank Piscitelli and his team. Despite what they say, insurance agencies are generally not in the business of providing the financial support that is needed and owed. Instead, they will do all they can to minimize the amount of money they have to pay so that they can maximize their own profits. This means that your settlement offer will likely be far less than you deserve.
Do I need a lawyer?
Sometimes, the skills of an experienced personal injury lawyer — or at least the threat to an insurance company that such a lawyer may present — are worth the money you must pay that lawyer to represent you. You may need a lawyer because of complex legal rules involved in your particular claim, or because the severity of your injuries might cause your compensation to vary greatly from the norm — or simply because an insurance company refuses to settle a matter in good faith.
The following types of injuries and accidents almost certainly require a lawyer’s help:
- Long-term or permanently disabling injuries
- Severe injuries
- Medical malpractice
- Toxic exposure
- Wrongful death
- Birth injuries or nursing home abuse/neglect
How much will I have to pay to retain your services?
No fee ever. Unless we win. The Piscitelli Law Firm is on your team. That means we’re with you 100 percent of the way. We prove this, by never charging any upfront fees. In addition, we only get paid if, and when, we win your case. That means if we can’t win your case — we don’t charge any fees. We work on a contingency fee basis, meaning we have no upfront attorney fees.
We offer a risk-free consultation — you have virtually nothing to lose.
What if my loved one was killed in an accident that was someone else’s fault?
If your family member or a loved one passed way due to a wrongful death incident, you may be entitled to claim financial compensation on their behalf. We will examine the circumstances and determine your eligibility to file a claim.
How soon should I file?
Ohio’s statute of limitations for personal injury and wrongful death cases is two years. Medical malpractice claims have a statute of limitations of one or four years, depending on when the causation was discovered. The statute of limitations for products liability claims is two to 10 years, depending on the discovery of injury and when the product was made. Essentially, you should file your claim as soon as possible to ensure that you are within your legal right to do so.
What if I was partially at fault for my injuries?
Ohio enforces a comparative negligence law. This means that a person can pursue damages minus a percentage equal to his or her own contribution to the accident, up to 50 percent. For example, if it is determined that you were 20 percent at fault for an accident, you can pursue up to 80 percent of the total damages. However, any person who is more than 50 percent at fault for an accident will not be able to recover any percentage of compensation.
How long will it take to pursue a personal injury lawsuit?
Similar to case worth, each lawsuit is unique and there is no set timetable to accurately determine the length of time the case will take. Depending on the severity of your case, the cooperation of all parties, and the availability of evidence and witness testimony, personal injury cases can take anywhere from a few months to years to resolve.
What is my case worth?
There are many different factors involved in determining the value of your case. This includes the physical damages that were incurred to you or your loved one, emotional pain and suffering, and financial losses such as medical bills and lost wages. However, there is no exact calculator to accurately estimate the amount of compensation you may be able to recover. Additionally, other intangible factors, including your and the defendant’s conduct throughout the case can have an effect on the value of your claim. We can discuss the details of your unique situation in a case evaluation to determine the maximum compensation to pursue.