Personal Injury Attorneys
Sawan & Sawan is a family of personal injury attorneys representing clients in Ohio, Michigan, and Georgia. Our team of personal injury attorneys has over 35 years of combined experience recovering millions of dollars for personal injury victims.
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PERSONAL INJURY PRACTICE AREAS
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Our family of personal injury lawyers can help in a wide variety of scenarios. Learn more about our specific practice areas by clicking on the links.
As one of the top firms of car accident lawyers, we know all too well how debilitating and traumatic a car accident can be. The road to recovery can be long and arduous, and dealing with the insurance companies involved only makes the situation that much more difficult. Make no mistake, a car accident claim is a complex financial and legal process. Getting to successful settlement for your car accident claim takes attention to detail, persistent focus, and zealous advocacy.
If you or a loved one have been injured in a truck accident, our family of lawyers is here to help. We have recovered millions for victims of injury accidents – so call us today at 419-900-0955 to speak to one of of personal injury lawyers today. All initial consultations are completely free – so don’t hesitate to protect your rights and get the justice you deserve.
The time we have on this earth with our loved ones is the most valuable asset we have. When a loved one has been denied that time on earth due to the irresponsibility or negligence of another, legal recovery is often the only way to obtain some semblance of retribution. You need skilled wrongful death attorneys to help evaluate your claim and navigate the recovery process so you can properly grieve the loss of your cherished loved one.
When you chose a health professional, you put your full trust and faith that you will be properly cared for squarely in their hands. If those same hands lead to a preventable injury, you have the absolute right to seek legal recovery. Our medical malpractice lawyers can help.
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The overarching purpose of personal injury law is to fairly and adequately compensate those who have been made victims of someone else’s carelessness. In our practice, we have seen personal injuries vary widely in the way they present themselves – from traumatic brain injuries, fractures or spinal cord injuries, to soft tissue injuries and bumps and bruises. In our over 35 years of combined experience helping personal injury victims, we know that many of these cases require the assistance of a personal injury attorney. Often times, we find that having a skilled and aggressive lawyer on your side helps personal injury victims level the playing field with the insurance company and better understand their right to recovery.
Types of Personal Injury Claims
Our clients find themselves with a personal injury claim in a wide variety of ways. Unfortunately, given the complexity of life, the possibilities are nearly endless. However, here are the situations that we see most often cause personal injuries:
The Elements of a Personal Injury Lawsuit
In order to win a personal injury case in most States, a plaintiff must prove that the at fault party (named the tortfeasor) acted unreasonably under the circumstances in causing the injuries and damages. This is generally referred to as “negligence”, which is made up of three distinct parts:
With respect to duty, there are many ways to establish this. First and foremost, most states have laws that establish various duties for different circumstances. For example, all states have laws against driving in excess of the posted speed limit. However, there is also another source of duty. Common law – or judge made law – holds that all citizens in America have a duty to act as a “reasonably prudent person under the same or similar circumstances.” This duty is purposefully broad, and anticipates that a person’s duty will change based on the unique conditions in any number of different events. A common law duty may exist even though no specific law has been broken.
Once the duty is established, a Plaintiff in a car accident case has the duty to establish that the duty was breached. For example, if the duty in question is to obey posted speed limits, the Plaintiff will have the obligation to show that the Defendant exceeded the speed limit – thus breaching the duty. The exact way in which you prove a breach will depend significantly on the facts at hand.
It’s important to remember that just because somebody breached a duty – they still may not be held legally responsible unless the Plaintiff can show that the breach caused damages. Causation refers to the ability of the Plaintiff to draw a straight line between the breach and the damage caused. In other words, a Plaintiff can only recover damages that occurred directly and proximately because of an accident. For example, a Plaintiff can recover for a broken arm sustained in a car accident, but cannot recover damages for a scar that occurred at an earlier, unrelated time. Just like breach, causation and damages are very fact specific.
Timeline of a Personal Injury Lawsuit
While no two personal injury cases are the same, there are certain similarities in the process all claims take. We often have clients ask us questions about the process, or how long it may take. In an effort to simplify this, here is the primary process involved with a typical personal injury claim.
Filing a Claim
Negotiating Settlement
Filing a Lawsuit
Litigation and Trial
Personal Injury Lawsuit FAQ
Most frequently asked personal injury questions.
The first thing you should check to make sure that everyone is safe and if anyone is injured – seek medical assistance immediately. Always call 911 to report the incident, and make sure to get the information of all parties involved. Lastly, if you are able to, take photographs of the scene as quickly as possible after the accident, as evidence can fade with time. Lastly, we recommend speaking to a personal injury attorney as soon as possible after the accident
The simple answer is no. Not every case requires a personal injury lawyer. However, if you are seriously injured and you are demanding compensation for serious injuries and pain and suffering beyond a few thousand dollars, a skilled negotiator on your side is vital. Also, if you are claiming future damages you will want an attorney to work that into a settlement effectively. Lastly, if there is some question about fault, an Attorney is important to properly craft your argument.
Personal Injury law and car accident cases are highly fact specific. As a result there is not a “one size fits all” response to this question. Because of this, it is as critical as ever that you seek out and speak to an Attorney familiar with this often complex area of law. A skilled personal injury Attorney will evaluate the following important aspect of your case: liability, insurance coverage, medical treatment, medical records, confirmation of wage loss and a discussion of pain and suffering. If you are wondering about this, we are here to help and we offer free consultations.
You could, but it is impossible to ascertain without a lot more specific information. In our experience, some injuries do not manifest themselves due the adrenaline of the incident – but once you settle down, you may start to feel the effects of the car accident. If so, you need to immediately contact your primary care physician to seek diagnosis and treatment.
This varies quite a bit from state to state, however, every state has what is known as a Statute of Limitation that sets a time period for the filing of a claim. For example, in Ohio, the statute of limitations is 2 years from the date of the personal injury. It is wise to move quickly to protect your rights after a personal injury case.
In general, it’s important to remember that insurance company adjusters are trained negotiators and are being paid to protect the interests of their employer – the insurance company. They do not represent you. Also remember that there is nothing wrong with telling the insurance company adjuster that now is not a good time – and to wait until you speak to a personal injury lawyer before proceeding.
In personal injury cases, damages can vary widely. In general, damages in a personal injury case take the form of wage loss, past and future medical bills, pain and suffering and loss of quality of life. If you are wondering what compensation looks like after a personal injury accident, call to speak to one of our personal injury lawyers.
A pre-existing condition is a medical condition that predated the occurrence of a personal injury. While these can complicate a personal injury claim, they are not insurmountable. A skilled personal injury lawyer knows how to argue effectively that an injury exaggerated a pre-existing condition.
This varies a bit depending on the source of funds. Typically, insurance companies will issue payment within 3 days of settlement. However, there may be delays in the processing of payment caused by delays in medical billing. If you have a specific question, please call one of our personal injury lawyers.
Every state has a different way of handling this situation – which is called apportionment of fault. In some States, you can still recover no matter how much you are at fault. In other states, being more than 50% responsible is a bar to recovery. The only way to be sure about this is to speak to a personal injury attorney immediately.
Typically, we work with health insurance companies to negotiate the medical bills. We often coordinate benefits with health insurers to ensure that when our clients walk out of our office, they do so with the peace of mind that all of their bills have been taken care of.
This is one of the hardest questions we get asked. Sometimes, we are able to use a separate pool of insurance money to get our clients some funds quickly in the personal injury claim process. However, other times our clients are left without a steady source of income while we negotiate a settlement. While it’s possible to use pre-settlement funding, we only advise to do so as an absolute last resort and only after thoroughly discussing the downsides with a personal injury lawyer.
While many work related accidents are strictly worker’s compensation cases, there are some circumstances where a Plaintiff can recover additional money from an employer. These are very fact specific, so it’s best to speak to a personal injury lawyer if you have any doubt about this.
At Sawan & Sawan, we never charge for an initial consultation and for a review of the facts surrounding you case. Personal injury cases we handle generally involve a contingency fee agreement, although alternative payment methods are sometimes available if you prefer. Under a contingency fee arrangement, the client agrees to pay a specified percentage of the recovery. If there is no recovery, there is no fee.
Damages in a Personal Injury Lawsuit
Despite what some may say, personal injury law is not interested in making anybody rich because they were in an unfortunate accident. Instead, it’s about stopping a victim from becoming poor because of an unfortunate and unexpected accident. Personal injury law is focused on compensating a personal injury victim for anything they may have lost as a result of an accident or injury. Many cases explain this as making a personal injury victim “whole” through the use of the civil court system.
As personal injury lawyers, we know that while some damages are easy to value – things like the cost of a car or a surgery – many injuries are much harder to value. These are typically called general damages, and can include abstract concepts like pain and suffering. For example, how much is being able to dance with your significant other worth? What would someone have to pay you to never be able to do what you love or continue working in your chosen profession? In general, the typical damages in a personal injury case include the following.
Medical bills can be a significant financial burden, and often include things such as surgical costs, the costs of emergency medical care, prescription medication and any physical therapy.
Many times, medical treatment doesn’t end at settlement. This metric tries to determine a reasonable estimate of the cost of ongoing or future medical care – such as ongoing doctor visits or surgeries.
Serious injuries frequently mean job loss. This leads to significant wage loss – both present and future. This category of damages focuses on the time you have to take off work to attend to doctor’s appointments, recovery, physical therapy. It also looks at the future lost income – whether in the form of wages, or lost promotion or advancement opportunities.
This category deals with the physical damage to the things that are involved in the personal injury. Depending on the circumstances, this could be the damage to a car, cost of repairs to electronics and the like.
This is one of the hardest categories to value – but is often the most important. After a personal injury accident, your legal team may decide to seek pain and suffering compensation – which represents the discomfort and pain you endured during and after the personal injury.
We frequently see PTSD and similar diagnosis after a traumatic personal injury. This can include things like fear, anxiety and mental discomfort.
A personal injury often results in the need to isolate yourself from the most meaningful relationships in your life. You may miss critical life milestones with your children, spouse, family or friends. Sometimes, there is no value you can place on certain things – like holding your child or your spouse. When this type of damage involves your spouse, this is called loss of consortium.
Many things in life bring us joy, but a personal injury accident can take that away in an instant. If your personal injury took away your ability to do something that brought you happiness and fulfillment – such as woodworking, painting or travel – your personal injury Attorney may be able to make a demand for compensation.
The Standard of Care in Personal Injury Cases
In personal injury cases, the first step is to identify what standard of care the tortfeasor – or person that injured you – owes you. This is often referred to as a “duty”, the “breach” of which forms the basis of a personal injury case. Let’s take a closer look at the how personal injury law generally establishes the standard of care in this post from the Personal Injury lawyers at Sawan & Sawan.
First off, it’s important that every State has specific ways of handling the standard of care. Often times, state statutes will modify or altogether remove certain aspects of the following analysis. Therefore, if you or a loved one have been involved in a personal injury, it’s always best to speak to a personal injury lawyer. At Sawan & Sawan, we offer free, no-risk consultations for all prospective clients.
The Reasonably Prudent Person
In most personal injury cases, the general standard that is imposed on people in society is that of a reasonably prudent person under like or similar circumstances. More often than not, this is measured objectively, as opposed to subjectively from the view of the tortfeasor. When applying this standard, the tortfeasor is presumed to be a person of average intelligence and the same general knowledge as any average member of the community. In general, an actor is legally required to exercise the level of care and caution as any reasonable person under the same or similar circumstances would to avoid unreasonable risks of harm to others. This can mean the consideration of such things as position, information and competence. Juries asked to consider this standard are asked to weigh the likelihood and gravity of the injury against the burden of taking such precautions.
In some circumstances, certain characteristics of the tortfeasor may be considered in this analysis. However, mental handicaps are usually not considered. On the other hand, certain physical characteristics (i.e. deafness or blindness) are taken into account in determining how reasonable an individuals behavior was. Unless intoxication was involuntary (i.e. someone was drugged), intoxication is not generally considered in this analysis and intoxicated people are help to the same standard as a sober person.
The Standard of Care for Children
Children often present unique considerations for the analysis as to what standard of care is owed. In general, the law will consider factors such as age, intelligence, education level and experience when determining the applicable standard of care for children. Unlike to more rigid, objective standard outline above for negligent adults, the analysis for minors tends to be more subjective and flexible depending on the State. The law generally recognizes that children have less knowledge and understanding of their environment, so they are often unable to appreciate the risks of certain conduct as adults are. However, while this is a general rule, many states have different rules for children engaging in adult activity – such as driving a car – holding them to the same objective standard as the reasonably prudent person above.
The Attractive Nuisance Doctrine
Children often present unique considerations for the analysis as to what standard of care is owed. In general, the law will consider factors such as age, intelligence, education level and experience when determining the applicable standard of care for children. Unlike to more rigid, objective standard outline above for negligent adults, the analysis for minors tends to be more subjective and flexible depending on the State. The law generally recognizes that children have less knowledge and understanding of their environment, so they are often unable to appreciate the risks of certain conduct as adults are. However, while this is a general rule, many states have different rules for children engaging in adult activity – such as driving a car – holding them to the same objective standard as the reasonably prudent person above.
- An artificial condition exists in a place the owner knows or has reason to know children are likely to trespass; and
- The owner knows or has reason to know that the condition poses; and unreasonable risk of death or serious bodily injury to children; and
- The children, because of their youth, do not discover or cannot appreciate the danger presented by the condition; and
- The utility to the landowner of maintaining the condition,
About the Authors: Sawan & Sawan is a Toledo, Ohio based law firm representing clients in the areas of Personal Injury, Truck Accidents, and Car Accidents with lawyers licensed to practice in Ohio, Michigan and Georgia.
Dennis P. Sawan
Licensed in Ohio and Georgia
Christopher A. Sawan
Licensed in Ohio and Michigan
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March 21, 2023
