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Personal Injury Lawsuit Step by Step

The Steps of a Personal Injury Lawsuit

Here is how a typical personal injury case progresses once the courts are involved. Every personal injury case is unique, but there are a few common litigation landmarks you can expect to encounter once you make the decision to file a personal injury lawsuit. This article will be discussing:

  1. How plaintiffs and defendant navigate the first steps of a personal injury lawsuit
  2. How “Discovery” works.
  3. What are likely outcomes after an injury lawsuit is taken to court.

The Plaintiff is Injured and Hires an Attorney

At the heart of any legitimate personal injury case is of course, an injury of some kind. However uncertain the defendants liability and the extent of the plaintiffs losses. No case will make it very far without proof of the plaintiffs injuries. (Cannot be faked)

If the plaintiff’s losses appear more than the local claims court limit ($5,000-$10,000), most plaintiffs will talk with an attorney. If after the initial consultation it appears there might be a case, the attorney will agree to conduct exploratory investigation, including as to whether or not the defendant has applicable insurance and or suffuicient assets to cover any settlement. If the consultation and investigation led by the attorney conclude that the case is pursuable, a fee agreement will be signed and the confidential attorney-client relationship is official.

A Complaint is Filed and Served on the Defendant

After establishing that a legitimate case exists, the plaintiff’s attorney will file a personal injury complaint in the proper civil court. The complaint is the first official document in the case, laying out in very broad detail what the plaintiff is alleging (what the defendant did, how the plaintiff was harmed, etc.)

After the complaint is filed, the plaintiff’s attorney will have a month or more to locate the defendant and “serve” the complaint to him or her. Serving the complaint basically means physically delivering a complaint to the defendant in a way that can be verified, ensuring the defendant is unable to later claim to have not known about the lawsuit. Along with the complaint, the service papers will tell the defendant the date by which they must appear in court.

The Defendant Hires an Attorney

The defendant will typically have a month or more to be able to find an attorney before the first court date. If the defendant has assets or an applicable insurance policy, finding a personal injury defense attorney willing to take their case should not be hard.

If insurance applies, the defendant must notify the insurance company as soon as he or she knows about the lawsuit, (a strict requirement in insurance policies). The insurance company will then appoint and pay for a lawyer if the defendant has not already hired one. Defense attorneys work at an hourly rate, not under a contingency fee agreement, so if the defendant cannot afford to pay out of pocket, even a “losing” case that’s headed for an early settlement is not a deterrent to the attorney, they are getting paid either way hourly. 

Pre-Trial and Discovery

In the pretrial process, both sides will ask each other for evidence and witness information in a phase called discovery. At the early stages, both sides will also appear in court to inform the judge of how the case is proceeding, to agree or not to agree to mediation or arbitration, and set a final trial date. As discovery proceeds, both sides will begin to schedule depositions of the opposing party and witnesses, questioning them under oath.

This process of discovery and intermittent court appearances can take months or even years, with the trial date frequently being pushed back. Eventually, once discovery has concluded, the defendant may ask the judge to throw out the case on “summary judgment,” arguing that the plaintiff could not possibly win the case at trial.

As the case moves closer to trial, the parties will significantly ramp up their efforts as they engage in mandatory settlement conferences, making motions to determine what evidence will be allowed at trial, selecting a jury, etc.

The Trial Phase of a Personal Injury Lawsuit

Finally, the trial will begin and for typical personal injury cases it will last several days. At trial, the judge or jury will determine if the defendant is at fault for the accident and for the plaintiff’s losses, and if so, how much the defendant is required to pay out in damages. After trial, either party can initiate an appeals process that can last several months to several years. After the appeals process has been exhausted, a losing defendant will be required to pay the damages established at trial. 

Settlement is the Most Likely Outcome

Most personal injury cases settle before they reach trial. At any point in the process above, the parties can settle and end the case, even before the complaint is filed. If you have more questions, concerns or want to get in contact with a personal injury attorney for a FREE consultation call Tompkins Selph & Associates at (614)-453-0971.

Train Accidents

The 5 Worst Train Accidents in History

Trains have been around for over 200 years, but their immense size and power are still impressive to behold. The average modern passenger train car can weigh up to 80,000 lbs, the same weight as a fully loaded semi truck. Add that trains can have up to six or seven cars and travel between 90 to 100 mph, and you have a true marvel of transportation and physics.

However, while largely safe, the physical power and sheer weight of trains makes accidents very devastating. Below is a compiled list of the Top 5 worst train disasters in history. They span all over the 20th century and all over the world, from 1917 to 1989, from Mexico to Russia. Take a look and learn a little about the darkside of railway history.

The Ufa Train Disaster – 575 Deaths

One late June evening in 1989, two passenger trains were passing each other between the towns of Ufa and Asha in the Ural Mountains, in total there were over 1,300 passengers riding in nearly 40 cars attached to the two trains. The trains were carrying hundreds of children, both on their way to and from vacation camps on the beaches of the Black Sea.

Hundreds of meters away, a gas pipeline was leaking liquid gas into the gully where the trains were passing each other. The liquid formed a dense vapor in the valley, creating a tinderbox waiting to be ignited. As the trains passed each other, one of the train’s wheels sparked and ignited the air. 

The resulting explosion was estimated to have been the equivalent to 10,000 tons of TNT and was visible for 95 miles away. According to official records, 575 people were killed, 181 children. There were multiple reports of even higher death tolls stating the total body count was actually around 800. Over 100 ambulances carried the injured to local hospitals. 

One of the doctors from the scene, Mikhail Kalinin, had this to say, “I came to work that day fair haired and returned gray haired. After the tragedy, we could not speak about it… Heaven forbid that you will see such a human tragedy.” 

The Guadalajara Train Disaster – 600 Deaths

In the midst of a violent revolution, 1915 proved to be a turbulent year for Mexico. In 1913, President Madero was assassinated, creating a power vacuum and throwing the nation into turmoil. The presidency was passed to Victoriano Huerta, but Pancho Villa and Venustiano Carranza immediately challenged him, installing Carranza as the new leader. However , Pancho continued the revolution, betraying Carranza. 

In early 1915, Carranza’s forces managed to capture a base from his former ally in southern Mexico called “Guadalajara.” As this was a major victory, Carranza arranged for the families of his troops to travel by train in order to meet them and celebrate. The train that carried them was 20 cars long, leaving Colima on January 22nd with over 900 passengers. It was packed to a greater capacity than it could handle, reports say that some passengers were hanging onto the roof and undercarriages because there was so little space.

As the train entered a valley, it began descending with greater and greater speeds. Passengers were thrown from the train as it traveled on curves at far greater speeds than it was designed for. Because its brakes failed, the train completely left the tracks and plummeted into a large canyon. The resulting deaths led to over 600 casualties. When Carranza’s troops heard the news, some of them reportedly committed suicide from the intense grief. 

The Bihar Train Disaster – Between 500 to 800 Deaths

In June of 1981, India was experiencing a rather harsh monsoon season. Waters caused the rivers to rise. And powerful winds blew against bridges, homes, and other structures. On June 6th, a 9 car train was packed with nearly 1,000 passengers. This far exceeded the upper limits of the trains design, in addition, due to the commonality of illegal passengers, the passenger count was probably even higher than recorded. 

The train left the station in Mansi and was traveling to Saharsa in the state of Bihar. It was traveling on a bridge over an engorged river when the trains engineer suddenly hit the brakes, causing seven of the nine of the nine “cars’ ‘ to plummet into the Baghmati River. However, breaking alone would not have caused derailment. Many experts believe that the rain caused the wheels of the train to slip and derail. Through a combination of a wandering animal, a stormy season, and the faith of the engineer, an estimated 600 people lost their lives. Due to the extreme remoteness of the crash site, help did not arrive for hours. By then, an estimated 300 people were washed away by the river, which local fishermen refused to search for because of local taboo. 

The Ciurea Rail Disaster – Over 700 Deaths

In January 1917, Eastern Europe was dealing with the violence and brutality of Word War I. In Romania, civilians and soldiers alike sought to escape the approaching German assault. As a result, they packed into every available train car far beyond capacity.

An estimated 1,000 passengers packed 26 cars traveling between Lasi and Barlad. As the train approached the station, it began a 10 mile descent on a steep grade. Reports say that wandering soldiers and overcrowded cars damage the brakes, rendering them useless to the steep descent. 

Train crews were unable to slow the train, even as the engines were thrown into reverse and sanding equipment increased friction between the wheels and tracks. At the station, a second train was occupying the straight rail approach, forcing the runaway train to the other track on the right. The switch caused the train to derail at high speeds, causing 24 carriages to leave the track, forming a fiery and tragic monument. 

The Maurienne Derailment – Between 800 & 1,000 Deaths

The single worst railway disaster in history, the Saint-Michel-de-Maurienne incident took place in WWI as well. A train carrying over 1,000 passengers, almost entirely French soldiers, traveled from Italy into France for a short break from the fighting. While the soldiers hoped for a small holiday away from the fighting and the violence many of them would never get the chance to return home. According to official records, 982 soldiers were on 19 train cars as it left for the station in the Maurienne valley. The trains engineer originally refused to leave the station due to the conditions of the train, but gave into the commanding officers threats of punishment. It departed Modane late on that wintery night around 11pm. The steep grade, in addition to the over-packed cars, caused the train’s brakes to fail as it descended into the valley. The train reached speeds in excess of 80 mph as it approached the station.

The brakes functioned in only three of the cars, causing several of the wooden cars to derail at the mountain pass. The wooden cars smashed into one another, ignited by the candles used by the train workers. The situation was made critical by the unauthorized possession of grenades and explosives by soldiers onboard, as well as the geography of the crash site. The mountain walls provided no vent for heat, causing fire to intensify. 

Official reports say that between 700 and 800 passengers were killed, but the situation was classified for many years due to the military’s part in the disaster. In addition, accounting for the fatalities due to the fire, which burned until the following morning. Only 432 bodies could be identified of the approximate 800 deaths. Up to 1,000 deaths are possible due to the overcrowding of the train and the military’s insistence to classify the event. 

Train Accident Lawyers

Every day, a passenger train transports millions of people across the country into and out of cities and across state lines. These passenger trains are operated by commuter lines as well as Amtrak. According to its website, Amtrack alone serves more than 500 destinations in 46 states with over 21,000 miles of routes. Unfortunately, train accidents on these carriers are all too common. Examples of such railroad accidents include train derailments, trains hitting tractor-trailers or cars at crossings, trains hitting pedestrians, and collisions with other trains. Our personal injury attorneys are ready to fight for you in claims against Amtrak as well as commuter trains. The law imposes certain legal obligations on common carriers such as railroads which can vary from state to state. 

Choosing a seasoned personal injury attorney with experience is critical. Speak to an experienced accident lawyer and discuss your rights and legal options to recover full compensation at (614)-453-0971. 

Common Causes of Train Accidents and Derailments

Railroad accidents are often the result of many causes, including human error and equipment failure. That is why, if you have been injured in such a way, having the benefit of an experienced personal injury attorney will make a dramatic difference in the outcome of your case. Freak accidents rarely occur where nothing could have been done to prevent an accident. Train injury lawyers often see that the cause of a railroad accident is one of the following.

Driver Negligence

Train racing has resulted in a significant number of fatalities and serious injuries. Train racing refers to the actions of motorists who attempt to cross a railroad crossing before an approaching train arrives. Such action is seriously dangerous, especially in view of the fact an optical illusion is often at play, in that trains can be much closer and be moving much faster than they appear. 

Equipment Failure 

Faulty equipment may contribute to or cause train accidents, including the following:

  1. Malfunction of brakes
  2. Malfunction of warning lights, sounds, and gates
  3. Faulty communication equipment
  4. Defective or broken handrails on locomotives or rail cars
  5. Defective hand brakes
  6. Defective or broken rails which can cause derailment

If you have been injured in an accident or derailment or have lost a loved one in such a collision, getting skilled legal counsel is imperative. Let a knowledgeable personal injury attorney help you seek the max compensation for your damages. 

Human Error

A train accident can result from conductor or engineer negligence. Examples of such negligence include being distracted by a cell phone or other workers, being under the influence of drugs or alcohol at the time of the accident, a worker who improperly switches tracks, workers who push train cars without following safety precautions or leaving cars in an unsafe position for other cars functioning on the same or an adjacent track. A dedicated personal injury attorney can help determine the cause of an accident and help the injured seek personal reparations for their damages. 

Seek Help From a Local Personal Injury Today

If you or a loved one were injured in a train collision, a knowledgeable attorney could help your case significantly. An attorney with extensive experience in investigative cases will help you determine the exact cause of the accident and bring the at fault party to justice. It is important to remember that the law does not make the railroads responsible for any and all injuries that occur under any circumstance. Rather the law requires railroads to take responsible actions to prevent injury and death. 

Therefore, careful investigation must be done to examine whether any failure to use reasonable care on the part of the railroad occurred, such as any conductor negligence, engineer negligence, train defect, engine mechanical failure, or railroad track defects. We offer free case consultations 24/7 around the clock. Reach out today at (614)-453-0971.

Crash Fatalities Soar in Ohio

Ohio Traffic Crash Fatalities Highest in Nearly 20 Years

Last year was the deadliest year on Ohio roadways in nearly two decades, even with traffic levels below pre-pandemic levels. 

The number of Ohio traffic deaths increased from 1,230 in 202 to 1,360 in 2021, according to Ohio State Highway Patrol data obtained by the Dayton Daily News. That’s the most fatalities the state has seen since 2002, when 1,417 people died in crashes nationwide.

According to the State Patrol, the number of individual fatal crashes (1,227) was also the highest in at least five years, marking the third consecutive year that number increased. That indicates the increase was not skewed by a few high fatality mega crashes. 

Ohio Traffic Deaths

2017- 1179 deaths

2018- 1068 deaths

2019- 1155 deaths

2020- 1230 deaths

2021- 1360 deaths

There are several reasons why there were so many traffic deaths, even with many people still working from home and driving less, according to LT. Nathan Dennis, a public informant officer for OSHP.

One of the more alarming aspects that OSHP noticed for 2021 was the 21.2% surge in the number of fatalities for those not wearing their safety belts, going from a three year average of 466 fatalities between 2018 to 2020 to 565 in 2021. 

“That is actually the highest it’s ever been on record in Ohio.” Dennis stated.

Another issue is that people are simply driving too fast, as speed related fatal crashes increased for a third year in a row.

“It’s no secret that the faster you are going, the worse off the outcome of that crash could be.” Dennis said. “We still have an issue with speeding on the roadway, which troopers are seeing everyday. We’re out there working the road and issuing citations for that and the problem is only continuing to grow.” 

OVI- related traffic fatalities actually dropped slightly for the second year, from 641 to 608, but that’s still roughly 45% of all Ohio traffic deaths for 2021.

Dennis said the number of motorists being arrested for OVI is still a major problem and Ohio is seeing an increase in impaired driving by drug use.

OVI can be alcohol, or it can be marijuana or narcotics or even prescription drugs that are prescribed to somebody. “There’s warning labels on bottles that say not to drive a vehicle when YouTube taking medication, but people still do, and that’s a form of impaired driving.”

In each of Montgomery, Miami and Butler counties, the number of traffic deaths in 2021 was the highest it had been in at least five years. 

Montgomery county traffic deaths increased slightly in 2021, from 71 to 74, even though the number of fatal crashes dipped from 63 to 61, according to OSHP data. The biggest increases in fatalities from 2020 to 2021 were in Miami County nearly doubling from 24 to 34.

Clark county saw little changes in 2021, with traffic fatalities falling from 2020’s five year peak from 23 to 22. 

The outliers locally were Greene and Warren counties, each of which saw traffic deaths decline in 2021. Greene fell from 13 to 10, and Warren fell from 15 to 8. For each county, those 2021 totals were the lowest or second lowest of the past 5 years.

Increases in fatal highway crashes and the overall amount of fatalities occurred even after traffic volumes hit bottom in April 2020, when they were down nearly 50% compared to the same time a year earlier, according to the Ohio Department of Transportation. 

ODOT spokesman Matt Bruning said it’s “shocking” that the number of deaths on Ohio highways did not decrease in 2020 when traffic levels drastically dropped off. He said it’s discouraging that they are still surging at a time when traffic continues to be down by 5% to 7% compared to pre Covid levels.

This month, the amount of motorists on Ohio roadways has been down 7% compared to January of 2019.

Even when traffic volumes eventually rebound, motorists can reduce the amount of fatalities by following the speed limit, avoiding impaired driving and wearing a seatbelt at all times, as well as avoiding distracted driving, which remains a top factor in crashes according to OSHP.

“If everybody just simply follows the laws, what will happen is you are going to see those fatal numbers decrease drastically throughout 2022, and that’s what we’re hoping for.” Dennis stated.

Snowplow Turns Ohio Turnpike Deadly

Ohio Turnpike Snow Plow Damages at Least 40 vehicles & Injures 12

A Truck driver traveling on the Ohio turnpike in Erie County sent piles of slush and snow shooting over the median due to the snowplow, causing several vehicles to swerve and one to drive off the road. 

Around 1:46pm the Ohio State Highway Patrol received reports of the incident and responded to the eastbound lanes of the Ohio Turnpike between State Route 4 and state State Route 250, according to Sgt. Ray Santiago. Troopers on scene discovered the snowplow had been traveling westbound in the inside lane and caused snow and ice debris to be thrown into the eastbound lanes, striking passing vehicles.

There were at least 40 vehicles involved and 12 known injuries, troopers stated.

“I’ve never seen anything like that, I didn’t know how to react, I was just dumbfounded that somebody could be so reckless.”

The Ohio Turnpike is managed by an independent company, not the Ohio Department of Transportation.

Because the snowplow was traveling at such a high speed, the snow was thrown to the other side of the highway, landing on cars driving in the opposite direction also traveling at very high speeds.

Even a semi truck was hit by the oncoming flying slush and veered off the road. Thankfully the Semi didn’t end up with any damage. 

“Luckily, the only thing I got out of that was a really good window washing,” Ward stated.

“As soon as it happened, we all thought we got into a car accident because that’s how bad the force was.” Marisa Scipione said. 

Scipione was on her way home from a weekend with friends in Michigan when her group got caught in the slush. Scipione told News 5 the slush damaged one car axle to the point where the car was no longer drivable. 

“We never experienced anything like that. It was the scariest thing. When it hit us everybody slammed on their brakes, you couldn’t see out of the windows and everything was covered.”

Lemon said he pulled over and talked to the crash victims, some of whom had arm and shoulder injuries, others who had blood all over their faces.

“I had to go up 30 miles and turn around to find the Ohio State Highway Patrol because I didn’t realize there was any damage to my vehicle until I went to change lanes afterward,” Lemon said. “It literally blew out my entire headlight out of the hood of my car and was no longer attached to the truck”

Now, drivers are turning to the turnpike and looking for answers as to how they’re supposed to repair their cars and why this happened in the first place. 

“We’re paying to be on that road,” Vince Orlando, whose driver’s side door no longer opens due to a dent caused by this accident… They created a super dangerous and potentially fatal situation.”

“The roads are dangerous, even the professionals make mistakes and then some of them are just flat out reckless, he should not have been plowing at 70 miles an hour.” Lemon said.

Jerry Green was driving from Washington to Lords town when he saw the whole situation unfold. 

On Monday morning, the Ohio Turnpike and Infrastructure Commission issued the following statement in response to the video:

The Ohio State Patrol, Ohio Turnpike Maintenance, and disabled vehicle service companies, Interstate Towing and Madison Motor Service, assisted in removing the vehicles from the turnpike. We took the affected customers to the Patrol Post in Milan, as well as a local restaurant and hotel. We are working with the customers affected by this incident. The Ohio Turnpike and Infrastructure Commission and Ohio State Highway Patrol are conducting investigations, and appropriate action will be taken pending the outcome of these investigations.

In addition, a spokesperson with the Ohio Turnpike confirmed the employee driving the snowplow truck was placed on administrative leave and was sent for mandatory drug and alcohol testing. An OSHP spokesperson said the driver was not injured and is cooperating with investigators.

In a statement released later in the day Monday, the Ohio Turnpike stated that in general, snowplow operators are Maintenance Worker Class II Roadway employees. The hiring of these employees includes: “a thorough review of related skills and experience necessary for the position, such as interview, background checks (BMV, criminal and employment), pre-employment physical and drug/alcohol testing.” After being hired, employees go through extensive training on snow and ice removal.

“In addition to the extensive training, our snowplow operators are provided with some of the best equipment in the industry to perform their job duties,” Ohio Turnpike representatives stated. “Our track record in snow and ice operations over the past 66 years speaks for itself. The Ohio Turnpike is one of the safest highways in the nation and is especially known for our ability to meet the demands of the most severe weather events. This was an isolated incident involving a single operator and is not representative of our employees or our operations.”

An Ohio Turnpike spokesperson told News 5 that by Monday afternoon, they reached out to more than 30 impacted turnpike customers and continued to urge those who have not heard from them to file a report with the Ohio State Highway Patrol.

OSHP said that the incident remains under investigation and potential charges are pending the review of the Erie County Prosecutor’s findings.

If you or a loved one has been in a car accident we take on a variety of personal injury cases and can help you receive the compensation you deserve. Give us a call at (614)-453-0971.

Avoiding Auto Accident Scams

Staged Car Accidents Scams Can Happen to You

With anything that has insurance involved in making large payouts, there will surely be some kind of scam cooked up to take advantage of this opportunity. These insurance scams are typically well thought out and carefully orchestrated in order to take advantage of drivers like you.

Don’t let yourself become a victim of the fraudulent personal injury claims of scam artists. Protect yourself by learning how to identify, avoid, and deal with staged car accidents.  

What is a Staged Car Accident?

A staged car accident is when someone causes a car accident on purpose in order to make a personal injury claim on a fake injury so that they can collect an insurance company paid settlement. They get a check for a made up case of whiplash while your insurance premium goes through the roof. 

Staged accidents are among the most common kinds of insurance scams in the country. The others being damage fraud and faked car theft. The investigation, damage, and payouts that these scams cause cost the country millions every year. 

What is terrifying is just how dangerous one of these scams can be. It doesn’t take much for an attempted fender bender scam to turn into a full blown high impact crash with actual injuries or even fatalities. 

Types of Staged Car Accidents

Scammers will attempt to utilize these strategies in order to cause a collision that they can claim will result in a faked injury.

T-Bone

The scammer waits at an intersection for someone to drive past them. They then accelerate in order to hit the side of their mark’s car. There will typically be a second member of the scam that will be watching from somewhere that will act as a witness. In the aftermath of the collision, the two scammers will claim that you ran a light or a stop sign and therefore make you liable for their faked injury. 

A Friendly Wave or Drive Down

A scammer will try to find someone attempting to switch lanes or merge and will wave their hand to indicate that they are going to let them in. When you try to switch lanes, the scammer will speed up and hit you, causing a collision. In the aftermath the scammer will claim that there was no hand gesture and that you simply changed lanes recklessly and hit them. 

Dual Turn Sideswipe

In a dual turn lane, a scammer will wait in the outer lane for someone to drive ever so slightly out of the marked lane so they can hit them. They may even go so far as to outright drive into your lane in order to secure a collision which they will claim is your fault. 

Brake Slam

The scammer will drive in front of someone and slam on their brakes in order to cause a collision with the car behind them. They will blame you for rear ending them and you will most likely be found to be the at fault driver in this situation. 

Swoop and Stop

A team of scammers consisting of two cars will place themselves in front and next to your car. The front car will proceed to stop and the scammer driving parallel to you will block you from swerving out of the way and force an accident. The liability will fall on you for swerving and driving recklessly.  

How to Avoid Staged Car Accident Scams

Maintain a safe distance from cars to best avoid auto accidents. The best thing you can do is not even give scammers an opening they can exploit and start a collision. By maintaining a healthy amount of space between you and any vehicles, you will eliminate yourself as a victim in most of these situations.

Call the Police if You Suspect Something Wrong

If you get in an accident it is always a wise choice to get a police report that can be referenced later. It will also be useful for a personal injury attorney to have and use in your case should it come to it. 

You can also dial 911 and describe any cars that have tried to employ any of these scams on you. Every detail helps police identify these scammers and get them off the roadways, endangering other drivers. 

You may get lucky and a squad car might be in the vicinity to show up and help foil a car accident scam. Unfortunately this is not always the case. 

Take Pictures

Should police not make it to you in time, any pictures and descriptions of a suspected car accident scam can help aid your case later. Remember that if you are able to, the taking of a video with your phone not only gives you a more clear picture of any scamming events that have transpired, but they also consist of thousands of pictures that can be examined later. 

Witnesses

Having a witness in the event of a car accident scam can prove invaluable. If possible enlist any bystanders or anyone that happens to be nearby. Get their contact information as their account of how events unfolded could help you greatly later on down the road. 

You Can Fight Car Accident Scams with a Counter Personal Injury Claim

Remember that it is possible to fight against these kinds of scams. You do not have to suffer the consequences of someone else’s scam as long as you are vigilant and follow  the recommended steps so that a personal injury lawyer can file a counterclaim and possibly save you the damage to our insurance premium and even get you compensated for any damages you received. 

If you or a loved one has been involved in an accident or even suspect that you may be the victim of a staged car accident, do not hesitate to contact Tompkins Selph & Associates for a free legal consultation. Our skilled attorneys have the experience needed to assist you in holding any liable parties responsible and getting you the settlement you deserve. Call us today at (614)-453-0971.

Staged “Fake” Auto Accidents

23 People Teamed Up To Make $1 Million Off Staged Car Crashes

In total, several families allegedly defrauded insurance companies out of nearly $1 million. Staged car crashes are big money. So big in fact that the National Insurance Crime Bureau has whole brochures on it. It’s also lucrative enough that one group of people from Washington state pulled off a three year scheme of fake crashes. That is until the feds caught them, as the Tri-City Herald reports. 

An 81 page indictment filed in federal court detailed how a group of 23 people orchestrated 14 fake car accidents over the period of three years. It involved a complicated web of lies, cheap vehicle purchases, and rough ingenuity to get it all done. It was a true family affair, with a father and son, three sets of siblings and four married couples making up the group. 

The operation was rather complex. Various members would purchase vehicles, get insurance on them, and wreck the vehicles in staged crashes on remote roads just one or two days after getting coverage. The “victims” would then seek out treatment for exaggerated injuries from the “accidents” and wait until the check rolled in.

“No one was inside the victim vehicle during at least three of the staged accidents, hammers were used to break car windows in at least two, and weighted items were placed on the front passenger seat so the airbag would deploy on impact. After some of the wrecks, the accused sought emergency room and medical treatment for fictitious symptoms and injuries. The accused even went as far as to hire personal injury attorneys and pursue their fraudulent claims.”

Sometimes the vehicles that were involved were purchased for pennies or vehicles were bought back after they had been wrecked. Like one crash that involved a Hummer H2 that was purchased for $200.

In one planned crash, a 2015 Chevrolet Camaro was driven into a 2004 Hummer H2 at Oak Street and 27th Avenue. The Hummer was purchased two months earlier for $200. The buyer then reportedly rolled back the odometer to increase the vehicle’s value. 

Two months after the crash, the salvaged Chevrolet was purchased by a Portland area used car dealership through an internet auction company. The Chevrolet’s original owner then bought back the salvaged vehicle days later for $5,138.

The four people involved in that incident allegedly received insurance payouts totaling $88,000. However these people oftentimes only waited one or two days after purchasing these vehicles to wreck them. One wreck involving a Toyota Sienna was done the day after it was bought for $2,000.

The very next day the buyer, seller and four others allegedly staged a crash on Court Street and Road 100 in West Pasco between a Toyota and a 2006 Infiniti FX35. The six participants received a settlement payout totaling almost $390,000.

Nine months after this crash, the perps unknowingly communicated with an undercover FBI agent who they thought was someone that wanted in on the scheme. This started the ball rolling on their arrest. They even had someone working on the inside to make everything seem legit. One of the main conspirators had a girlfriend that was a law clerk at a firm who handled all the communication with insurance companies for the claims. 

In the three years the group staged accidents, they collected payouts totaling $962,300. Now charges for the group of 23 include everything from mail fraud, wire fraud, and conspiracy to obstruct an official proceeding. Four from the group still cant be located. One individual is facing 64 charges, and some of these charges carrying a 20 year minimum sentence. In this instance the crime did not pay out.

Social Media After An Auto Accident

Be Careful What You Post on Social Media After a Motor Vehicle Accident

Social media platforms like Facebook, Instagram, and Snapchat are a great way to stay connected to friends and family. However, you should be careful what you post on them after a car accident. If you post too much or the wrong thing, it may negatively impact your personal injury claim.

The Tompkins Selph & Associates family is here for you after a motor vehicle crash. Our team of experienced attorneys has helped victims obtain the maximum amount of compensation possible. Call Tompkins Selph & Associates at (614)-453-0971. 

You Can Post That You Were in a Motor vehicle Accident

Although you should be careful about the details you post online, you can post the fact that you were involved in a motor vehicle accident. This might serve as proof to the insurance company that you were shaken enough to tell your friends and family about the situation. You can also post that you are going to seek medical treatment and where. Simply stating the facts about your accident is acceptable. 

Do Not Post That You Are “Okay” or “Fine” 

You might want to tell your friends and family that you are “okay” or “fine” after an accident, but avoid words like that. The insurance company may think that means you are not really injured and don’t need medical treatment or compensation. 

Instead, you might post that your condition is “pending medical treatment” or “you’re still waiting to hear from your doctors about the details of your injuries.” It’s safe to post that you’re uncertain about the severity of your injuries

Don’t Post Negative Things About The At Fault Driver

Although you might seek out information online about the at fault driver, don’t tag them in posts or say negative things about them. This will only reflect poorly upon you and make the defendant less willing to negotiate a fair settlement. In fact, they may even accuse you of disparaging them unfairly if you post negative things about them. 

Don’t Post How Much You’re Offered in Settlement

Most settlement offers are confidential. Whether you accept it or not, you may be restricted from discussing it publicly or with other people at all. You should only discuss your settlement offer with your attorney, as they can advise you on what is a fair offer to cover all of your losses and expenses. 

Don’t Mention That You’ve Filed a Personal Injury Lawsuit

If you and your attorney decide to file a personal injury lawsuit against the at fault driver and their insurance company, you shouldn’t post about it online. Your friends and family might have input about your lawsuit and they may offer invalid advice to you. You don’t have to subject yourself to negative opinions.

Contact Tompkins Selph & Associates For Legal Advice After an Accident

If you or a loved one has been injured in a car accident, Tompkins Selph & Associates can help you. We will evaluate your claim, conduct an investigation, and determine how much your case is worth. Call us today at (614)-453-0971.

Top Five Strangest Personal Injury Claims

Personal Injury Claims

When thinking about personal injury claims, most people think of cases involving slip and falls, car crashes, medical malpractice, and similar negligence claims. But sometimes, personal injury lawyers handle claims that are much less traditional. Check out our Top 5 List of the Strangest Personal Injury Claims in America. 

Note: These cases are compiled from reports only. Tompkins Selph & Associates did not represent the clients in the following claims. 

The Faulty Phone Booth Case

A California custodian was using a public phone booth to make a call when a drunk driver crashed into it. Although the plaintiff, Charles Bigbee, saw the car coming, he was unable to exit the booth due to a faulty door that jammed shut. His right leg was amputated and he suffered severe disability to his left leg that prevented him from working. He sued the drunk driver, the establishment that served her, and the phone company. 

The Falling Toilet Case

A Philadelphia woman sued the Trump Taj Mahal Casino Resort when the toilet in her hotel room broke away from the wall while she was sitting on it, causing a permanent disability to her left arm. She settled the case with the hotel for $1.2 million.

The Bad Hair Case

A woman visited a hair salon to receive straightening treatments. But when she went home, clumps of her hair started falling out. She sued for lost income, emotional distress, and counseling and was awarded $6,000.

The Horse Case

Personal injury lawsuits typically involve people. But one in Oregon named a horse as the plaintiff. Justice, formerly named Shadow, was abused by his first owners. After his new owners renamed him, the Animal Legal Defense Fund filed what would have been a groundbreaking lawsuit in the horse’s name to prevent future abuse and abandonment of animals. The case was ultimately dismissed. 

The Sharp Sub Case

A New York man sued the Subway sandwich chain after he found a plastic serrated knife baked into his bread. Although he didn’t bite into the knife itself, he said that he became sick afterward, potentially from the plastic chemicals baked into the bread. He asked for $1 million and received $20,000. 

Personal Injury Claims

Whether or not you have been stuck in a phone booth, fell off a toilet or even bit into a sharp subway sandwich your injuries and distress are valid and worthwhile to pursue financial compensation for your damages through the legal process. This process is oftentimes very complicated and getting started can feel like the hardest step in the whole process. Here at Tompkins Selph & Associates we offer a helping hand in time of need, and promise our team will work tirelessly for you and build the strongest case possible. Call us today for a FREE Consultation at (614)-453-0971. Remember Big Guys Get Big Results.

Restaurant & Diner Liability

Cronnon vs Cracker Barrel Lawsuit

A jury in Marion County ordered Cracker Barrel to pay a man $9.4 million after it found the company at fault for serving him a glass filled with a chemical instead of water. 

The size of the award may be capped due to State law on civil damages.

“The Jury returned a verdict for compensatory damages of $4.3 million in just 30 minutes, one of the fastest verdicts we have ever seen. The jury awarded punitive damages of $5 million after only 10 minutes of additional deliberation.” Plaintiff William Cronnon’s attorney Thomas Greer said in an interview with CNN.

“The speed of the verdict, combined with an amount in excess of what we asked, speaks to just how dangerous this Cracker Barrel policy was.” Greer stated.

Cracker Barrel said they were “disappointed” with the outcome.

“While we have great respect for the legal process, we are obviously disappointed by and strongly disagree with the jury’s award in this case, which involved an unfortunate and isolated incident that occurred at one of our stores eight years ago.” Cracker Barrel Media Relations stated in an interview with CNN.

“Although we are considering our options with respect for this verdict, we are glad this matter is behind us so we can better focus on caring for our guests and employees around the country.” 

Cronnon was having lunch at a Cracker Barrel in Marion County in April 2014 when he took a sip of what he believed to be water, “only to immediately realize that it was not ice water but some chemical that caused a burning sensation in his mouth and esophagus,” according to court documents obtained by CNN.

It was later discovered Cronnon had been served the chemical Eco-San, which was being used as a cleaner in the kitchen area according to court documents.

Eco-San, described as a corrosive chemical in the lawsuit, caused permanent and serious internal physical injury to Cronnon.

Cronnon is still suffering from symptoms, including injuries to his mouth and esophagus, Greer said, which have incurred and will continue to incur medical expenses. 

“Cracker Barrel’s negligence didn’t just cause Cronnon physical harm, it also took away a part of his identity.” Cronnon’s Lawyer stated.

Cronnon did not wish to comment. 

 

Can I Sue a Restaurant If I Am Hurt on their Property?

When you visit a restaurant in hopes of enjoying a nice meal, you don’t normally expect your trip to also result in an injury. Unfortunately, not all restaurant experiences are pleasurable but all restaurants do have the legal obligation to provide a safe environment free of any dangers for their patrons, from the parking lot to the dining room. 

There are a number of ways that you could become injured on a restaurant’s property as a result of negligence, and should that be the case, you should look into legal options quickly. While your immediate desire might be to seek justice, it can be confusing trying to figure out where to begin. Your first step should be to determine whether or not you have a legitimate cse against the restaurant by speaking to an experienced personal injury attorney. 

 

Premises Liability

If you’ve been injured at a restaurant, your case will fall under premises liability law. Premises liability holds the owner of the property responsible for injuries sustained by a person while on that property. Essentially, property owners have a duty to ensure the safety of all visitors to their property. When that duty is breached and property owners are negligent, people can get hurt. 

In a premises liability lawsuit, the injured person must be able to prove the following:

  • The property owner knew or should have known of the dangerous condition
  • The property owner failed to repair and or give warning of the dangerous condition
  • The dangerous condition caused the injury/accident

Restaurant owners should have a good understanding of the dangers and risks that might affect customers. Failing to remove a dangerous condition or warn customers away from a certain area is a result of acting negligently. There are many ways that a restaurant owner could be negligent, including failing to fix broken handrails, neglecting to replace poor lighting, not properly cleaning up spills, not fixing or marking broken or uneven sidewalks, and much more. 

 

Restaurant Related Injuries

Some of the most common injuries that occur at restaurants are:

  • Slips and Falls. A slip or fall is the most common way to become injured at a restaurant. These accidents can be caused by spills, uneven flooring, snow covered sidewalks and more.
  • Scalding. Many dishes or drinks, such as coffee, come out of the kitchen hot to the touch. If a restaurant fails to warn customers or keep their cups and plates at a reasonable temperature, someone could get burned.
  • Choking. Choking while in a restaurant may not always be the restaurant’s fault, but if you have choked on food that was incorrectly prepared or that contained a foreign object, you may have a case.
  • Puncture Wounds. Cuts and puncture wounds can happen if a customer comes in contact with exposed screws, splintered wood, broken glass, or other sharp objects while in a restaurant. 

 

Is a Restaurant Liable for My Injuries?

In the state of Ohio restaurant owners owe a duty of care to provide a safe environment for their customers, meaning they must do everything possible, within reason, to ensure their customers are not harmed. This also includes responsibility for events or circumstances that might foreseeably harm customers, as well as responsibility for the negligent actions of restaurant staff. 

When a restaurant or diner fails to do everything reasonably possible to protect its customers, an injured customer has the legal right to pursue compensation. Negligence that leads to customers injury or illness renders the restaurant liable for the customers damages. 

Damages include:

  • Medical Bills
  • Out of Pocket expenses
  • Lost Wages
  • Pain and suffering

 

Proving you Claim

Proving negligence in a personal injury case can be difficult because several elements must be present. These elements include a duty of care, breach of duty, causation, and damages. In regards to an injury sustained on a restaurant or diner property, the evidence must show that the cause of the injury was foreseeable by the restaurant owner, negligence was involved and that the negligence was a direct cause of the injury or other significant damages. 

Since many of these cases rely on evidence, it’s critical to rely on evidence in order to help prove your claim. And because gathering supporting evidence, building a case, and navigating the complex legal system is often difficult, you should contact a knowledgeable attorney to ensure you receive the most amount of financial compensation possible. Call us today for a free case consultation (614)-453-0971.

Ohio Gun Accidents

Gun Accident Lawyers

According to the CDC, in 2018 there were more than 2,600 firearm related deaths in Kentucky, Ohio and West Virginia.

  • Kentucky: 762 deaths
  • Ohio: 1,555 deaths
  • West Virginia: 343 deaths

Gun Accidents do not “just happen”. There is always a reason why a firearm discharges unexpectedly and hurts someone. As it is often implied, guns do not hurt people, people do. Our passionate team of injury law professionals will dig deep to determine liability in a gun accident through thorough analysis of the evidence at hand. 

How Do Gun Accidents Happen?

No matter the circumstances, the root cause of gun accidents that caused your harm is due to someone’s negligence due to lack of training, handling or many other reasons. Knowing how they acted negligently is crucial to establish your claim as valid before the eyes of the court or an insurance company. Let our highly knowledgeable personal injury attorneys use their extensive experience to prove negligence has occurred in your case and how.

Gun Accidents Often Happen due to:

  • Negligent training: People who want to handle and discharge a firearm first need ample training to know what to do and what not to do. Without getting firearm training, anyone holding a loaded weapon has a high probability of causing an accident and should be held accountable for their negligence.
  • Negligent handling: Every firearm needs to be treated as if it were loaded and capable of discharging a round at all times. Many gun accidents occur when people forget this rule and negligently handle a firearm. Such as passing it back and forth, shooting target practice at a non-traditional range, or just not engaging the safety feature of the weapon when it is not in use. 
  • Negligent storage: Gun owners are constantly reminded to store their firearms with the utmost care, including unloading all ammunition, putting in a muzzle stop, and locking the entire weapon in a heavy case. Failing to store a gun properly can cause it to be discharged while in transit or while being taken out of storage.   
  • Impaired operation: Firearms should never be used by someone who is intoxicated by alcohol or in any other way, such as due to drug use or mental incapacity. Someone who uses a gun while impaired for any reason may be entirely accountable for any gun accidents they cause. 

When a Gun Manufacturer Causes a Gun Accident?

Sometimes a gun owner uses full precautions while handling their firearms and they still get hurt. If a defect can be found in the construction of the firearm, then the manufacturer might be liable for damages. Be sure to keep any packaging and instructions that come with your firearms, ammunition, and gun related accessories, like a carrying case or holster. Such information can be key evidence for a future gun accident claim. 

Personal Injury Lawyers Fighting for Fair Compensation

You deserve every last cent needed to recover after a gun accident that was not your fault. Call (614)-453-0971 to connect with the attorneys at Tompkins Selph & Associates in Dublin Ohio. We are confident in our abilities to help you recover physically and financially from any negligent accidents that have turned your world upside down.