ohio accident book:ohio accident book · company that you may not have been hurt in the first place...

THE OHIOACCIDENT BOOK

THE OHIOACCIDENT BOOK

CHARLES E. BOYK LAW OFFICES, LLC

We have offices in downtown Toledo,West Toledo, South Toledo, Findlay,

Bowling Green, and Swanton. www.charlesboyk-law.com

Copyright © 2007 by Charles E. Boyk, Michael A. Bruno, and Dale R. Emch.

All rights reserved. No part of this book may be used or reproducedin any manner whatsoever without written permission of the author.

Printed in the United States of America.

ISBN 10: 1-59571-174-0ISBN 13: 978-1-59571-174-8Library of Congress Control Number: 2007922232

Word Association Publishers205 5th AvenueTarentum, PA 15084www.wordassociation.com

QUICK HITS

Seek treatment immediately – The bestthing you can do after an accident is to seekmedical treatment immediately and follow yourdoctor’s orders.

Don’t rush to settle your claim – Don’t settleyour claim before you complete your medicaltreatment. A few thousand dollars may soundgood until you realize it doesn’t come close tocompensating you for your injuries.

Don’t underestimate the insuranceadjuster – Insurance adjusters have a hugeadvantage over you because they settle claimsevery day. You need a lawyer to help deal withthem.

Don’t provide a statement to the adjuster –Don’t make any statements about your case untilyou consult with a lawyer.

THE OHIO ACCIDENT BOOK

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Don’t sign medical authorization forms –Don’t sign authorization forms that allow aninsurance company access to your privatemedical records. Only sign forms completed byyour lawyer.

Document everything – Start a file for allpolice, medical, and insurance documentsrelated to your case.

Honesty is the best policy – Be honest aboutyour injuries. Nothing will kill your claim fasterthan being caught in a lie.

Don’t hide information from your lawyer –Your lawyer needs to know the good, the bad,and the ugly about your case to properlyrepresent you.

Don’t exaggerate your injuries –Exaggerating the extent of your injuries couldcome back to haunt you if the insurance

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company films you participating in an activityyou shouldn’t be able to do.

Hire a personal injury lawyer – Insurancecompanies employ professionals who deal withpersonal injury cases every day. You need aprofessional looking out for your rights.


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ACCIDENTS CAN BEDEVASTATING

Accidents happen every day. You’re driving downthe road, heading to the grocery store or towork, and another driver plows into you. A crashcan start a chain of events ranging from minorinconveniences to a complete disruption of yourphysical and financial health. Accidents cancause devastating injuries that lead to months oryears of pain and medical treatment. They alsocan create tremendous financial hardship if youare unable to work for an extended time.

Statistics show accidents are a commonoccurrence on Ohio’s roads. From 2001 through2005, there were 381,120 crashes annually,according to the Ohio Department of PublicSafety. During that same period an average of93,581 people were injured annually and 1,220people were killed on Ohio roads. To crunch the

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numbers even further, 360 people were injuredevery day in traffic accidents in 2005, accordingto the state.

Those who haven’t been involved in a serious caraccident often expect that an insurancecompany will take care of their bills andcompensate them for the pain and sufferingthey’ve endured. But for many the nightmare isjust beginning. The pain caused by the wreckbecomes almost secondary to the unfairtreatment the victim receives from insurancecompanies that have one objective – closing thefile for as little money as possible without faircompensation for the injured.

Dealing with the consequences of an accident isa new and unfamiliar experience for mostpeople. That’s why we’ve written this book. It’sintended to serve as a reference tool that canhelp you deal with insurance companies and theoften inevitable and complicated litigation.


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We think this book is necessary because you’reat a natural disadvantage when you deal withinsurance adjusters who handle claims for aliving. They do it every day and all day. It’s theway they feed their families and pay for theirhomes. In short, they’re professionals and you’renot. To use a baseball analogy, it would be likegoing to bat against a major-league pitcher. Youmight get lucky and foul off a pitch or two, buttry hitting that big-league curve ball. You’dprobably strike out.

The same concept applies to dealing withinsurance companies. It has nothing to do withhow smart or successful you are in other areas ofyour life. Insurance adjusters have the advantagebecause they settle claims for a living. We wrotethis book to help you level the playing field. Ifyou have any questions about an accident inwhich you, a family member, or a friend havebeen injured, please feel free to give us a call at419-241-1395 or 800-637-8170. You can also visitour Web site at www.charlesboyk-law.com.

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WE CAN HELP YOU

The authors of this book have nearly 50 years ofcombined legal experience. Chuck Boyk hasbeen in private practice for 23 years and headsthe Charles E. Boyk Law Offices, LLC. Duringhis career, he has handled thousands of personalinjury cases ranging from small whiplash injuriesto wrongful death claims. He has conductednumerous seminars for other attorneys to helpthem understand the world of personal injurylaw. In addition to his personal injury work,Chuck has represented thousands of criminaldefendants, handling anything from routinetraffic offenses to murder cases.

Mike Bruno also has been practicing law for 23years. Mike, who has been named an Ohio SuperLawyer, has a unique background that benefitsour clients. As an assistant Lucas Countyprosecutor, he handled thousands of felonycases, including death penalty murder cases. As


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an insurance defense attorney, he handled seriouspersonal injury cases representing insurancecompanies. That experience has provided himwith invaluable insight into how insurancecompanies will view our cases. Mike has handledmore than 100 jury trials, is Board Certified bythe National Board of Trial Advocacy, and is AVrated by Martindale Hubbell, the highest ratingan attorney can receive.

Dale Emch focuses his practice on personalinjury cases, but also handles criminal casesranging from felonies to traffic offenses. Hegraduated cum laude from the University ofToledo College of Law, where he was anassociate member and note and comment editorof Law Review. Dale is a member of the ToledoBar Association, the Lucas County BarAssociation, the Ohio Academy of Trial Lawyers,and the Association of Trial Lawyers of America.He serves on the Lucas County Public DefenderCommission and the Media Relations Board forthe Toledo Bar Association.

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THIS BOOK DOES NOT OFFERLEGAL ADVICE

We’re happy that you’ve taken time to read ourbook. You should note, however, that orderingor reading our book does not create an attorney-client relationship. We also aren’t offering a legalopinion in these pages because every case isdifferent based on the facts of the situation. Ifyou want our legal opinion, please contact us at800-637-8170 or 419-241-1395. We’ll be happy toset up a free meeting with you.


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TEN TIPS TO MAXIMIZEYOUR RECOVERY

If you’ve been injured in an accident, the initialsteps you take can make a big difference to theoutcome of your case. We’ve compiled ten tipsto help you avoid insurance company traps andreceive fair compensation for your injury.

1. Seek treatment immediately.The best thing you can do for both your physicaland financial health is to get the proper medicaltreatment for your injuries. This isn’t a time totough it out and hope that you’ll miraculouslyheal. Returning to health should be your toppriority. You need to go to your family physicianor to the emergency room to make sure that youget the treatment you’ll need to recover from theinjuries you suffered in the accident.

Once you go to the doctor, follow his or herorders so you can make the best recovery

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possible. If your doctor tells you to go to aphysical therapist, do it. If you visit achiropractor, complete the recommendedtreatment plan.

This makes sense not only for your physicalhealth, but for your financial health as well. Aninsurance adjuster is going to base any settlementoffer to you on the medical care you’ve receivedbecause it provides a way to measure your injuriesand resulting pain. Getting treatmentdemonstrates to the insurance company thatyou’re not faking your injury and that you’retaking the process seriously. Compensation forthe pain and suffering you’ve endured as a resultof your accident will be based to some degree onthe amount of your medical bills.

Once you’ve started treatment, see it through tothe end. Don’t stop the second you start to feelbetter if your doctor has recommended that youcomplete a certain amount of rehabilitation. Ifyou stop early, you may not be fully healed.


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Resuming treatment months after you’vestopped sends a message to the insurancecompany that you may not have been hurt in thefirst place or that you’re trying to take advantageof the process.

2. Don’t rush to settle your claim quickly.If you’re reading this book because you wererecently involved in an accident caused byanother driver, you may already have received acall from an insurance adjuster trying to settleyour claim. Typically, an adjuster will wave afew thousand dollars under your nose to settlethe claim quickly. It sounds good until yourealize you’re hurt more seriously than youanticipated or your medical bills end up eatinginto that money.

If you’re tempted to settle your case below itsvalue just because you need money for yourmedical bills, hold off. If you hire an attorney, theattorney usually will be able to work out anarrangement with your health-care provider for

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your provider to be paid out of the proceeds ofyour settlement. The doctor or chiropractor willcontinue to treat you without requiring paymentafter receiving what’s called a “letter ofprotection” from your lawyer. This allows you tocontinue getting the treatment that you need,while ensuring the doctor is paid at the end ofyour case.

Settling your case quickly doesn’t allow you to befully compensated for your medical bills, painand suffering, and lost wages. It only benefits theinsurance company because it won’t have to payout the full value of your case.

3. Don’t underestimate the insuranceadjusters who contact you.

This tip goes back to what we discussed in theintroduction. Insurance adjusters handle claimsfor a living. They’re judged by their bosses byhow they settle claims and how much moneythey save for the company. This doesn’t makethem bad people; they’re just doing their jobs


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and looking out for the best interests of theiremployers. It’s up to you and your lawyer to lookout for your interests.

It’s no shock that insurance companies often ownthe tallest skyscrapers in a city. They havepowerful lobbies throughout the country and,along with other business interests, have donetheir best to get legislation passed that makes ithard for accident victims to be fairlycompensated. They’ve gotten rich by collectingas much money as possible from all of us whiletrying to avoid making fair settlements withpeople suffering from accidents they didn’t cause.

So, when an adjuster representing the personwho caused the accident gives you a call, keep inmind where their loyalties lie. They’ll likely beextremely pleasant, but they have one goal: tosettle your claim as cheaply as possible. They dothis for a living, all day and every day. Becausethis is probably the first time you’ve been anaccident victim, you are at an obvious

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disadvantage. Be smart when you’re dealing withthem – or better yet, hire a lawyer who dealswith insurance companies on a daily basis. Afterall, the insurance companies have professionalsworking for them, so you should too.

4. Don’t provide a statement to theadjuster.If an insurance adjuster contacts you, don’t makeany statements about the accident, your physicalcondition, and whether you’re being treating bya doctor. The adjuster may be recording yourconversation and certainly will be taking notes.You can settle any claims dealing with thedamage to your vehicle, but any statements youmake about your injuries could come back tohaunt you. Simply thank the adjuster for calling,tell her that you don’t want to make anystatements, and that you don’t want her to callback. Tell the adjuster you’ll initiate aconversation when you’re ready. You don’t haveto be rude, but you need to be firm. The adjustercan’t make you talk.


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It’s a foreign concept to most people, but youhave to view your injury case with the ideathat it could go to trial. Most cases don’t, butyou don’t want to hinder your negotiatingstrength by making a statement to an adjusterthat can be misconstrued or twisted. Theconcern about making a statement is that youmay not know the extent of your injuries rightafter an accident. It’s not uncommon forpeople to feel worse in the weeks or monthsfollowing the accident than they do in theimmediate aftermath.

One way to avoid awkward conversations withan adjuster or making statements that could hurtyour case is to contact a lawyer to represent you.Your lawyer will stop the adjuster from havingany further contact with you.

5. Don’t sign any medical authorization formsat the request of an insurance company.Insurance companies often try to get accidentvictims to sign and return authorization forms

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that allow them to obtain your medical records.The forms usually are drafted so the insurergains access to all of your medical information,not just information relating to your accident. Itallows an insurance company to go on a fishingexpedition for any other medical problems thatmight explain the pain you’re experiencing.

If your injuries are serious, you should consult anattorney to deal with these issues. Your attorneywill ask you to sign medical authorization formsthat will be used to obtain the information that’srelated to your accident. Only the informationrelevant to your accident or injury will be sent tothe insurance company so your claim can beevaluated. This protects you from having personalinformation winding up in the wrong hands.

6. Start a file to document everythingconnected to your case.Make sure you keep every bill, police report, anddocument connected to your claim. Theinsurance company has a right to see evidence of


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medical bills for which you’re seekingreimbursement. Keeping track of your bills alsoensures that you won’t settle your claim withoutmaking sure you’ve been compensated for all ofyour expenditures. This is true even if you havehealth insurance because you may have to repayyour provider for any bills they’ve paid on yourbehalf if there’s a settlement.

In addition to documenting your treatment,keep track of any wages you’ve lost becauseyou’ve been unable to work. Don’t assume you’llautomatically get reimbursed for your lostwages. You have to get a note from your doctorif you miss work because of the injuries from theaccident and you’ll have to get documentationfrom your employer about your rate of pay andhow much money you lost because you weren’table to work.

7. Honesty is the best policy.Be honest when it comes to dealing with yourinjury claim. Be honest with the insurance

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adjuster, be honest with your doctor, and behonest with your lawyer. Nothing will kill yourclaim faster than being caught in a lie. Yourcredibility will be crucial in resolving your case,particularly if you have to go to trial.

If you’re not in pain, don’t get unnecessarymedical treatment to drive up your bills. Thatdoesn’t mean you shouldn’t follow your doctor’sorders, but don’t exaggerate the extent of yourinjuries. The truth eventually will come out, andwhen it does your case might become worthless.If your case goes to trial, your credibility withthe jury carries tremendous value. If jurors feelyou’re not being honest, they won’t give you thefair compensation you deserve.

You also have to be straight with your lawyer,who won’t handle your case if he thinks you’relying. The attorney needs to know what’s reallyhappening with your case in order to representyou fairly and aggressively.


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8. Don’t hide information from your lawyer.This tip goes hand-in-hand with our adviceabout being honest. You’ll be making a bigmistake if you hide information that isembarrassing or that you think will hurt yourclaim. You may get away with it, but usually thetruth comes out. And if it comes out at thewrong time in a deposition or at trial, your casemay be damaged beyond repair. Your lawyer canonly help you if she has the complete picture. Ifthere’s something awkward to be dealt with,she’ll handle it. But don’t put your lawyer in abad situation by hiding something.

9. Don’t exaggerate the impact of your injury.You’re entering a world you likely didn’t knowexisted. As we’ve said earlier in this book,insurance companies prosper by paying accidentvictims as little as possible. In an effort to dothat, they’ll resort to what you may regard asunderhanded behavior. They may hire a privateinvestigator to spy on you, they may havesomeone engage you in conversation about your

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injuries, or they may videotape you as you goabout your day.

We know of one case – fortunately not one ofours – where an insurance company investigatorplaced a video camera in a gym bag to record asupposedly injured accident victim teaching anaerobics class. Needless to say, the attorneyhandling that case dumped it immediately – andshould have. People like that aerobics instructorgive insurance companies reason to be skeptical.The problem is they seem to be skeptical ofeveryone, even people with legitimate claims.

So, if you exaggerate the extent of your injuriesby doing something like hobbling around oncrutches when you can walk just fine, and thenyou’re filmed running a marathon, don’t besurprised when your case tanks. Don’t play gameswhen it comes to dealing with your injury case.


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10. Hire an attorney who devotes hispractice to personal injury cases.Earlier, we wrote about insurance adjusters whonegotiate settlements every day. They’re good atit because it’s their profession. That’s why you’llneed a lawyer to handle your case. Your lawyernot only will deal with the insurance adjuster,but he’ll navigate you through the complex worldof personal injury litigation.

Armed with knowledge of the law and the ploysof adjusters, a lawyer can help you obtain a fairsettlement for your case. Numerous studies haveshown that you’re far more likely to end up withmore money at the end of a case if you hire alawyer rather than trying to settle the case onyour own. By virtue of handling injury casesevery day, lawyers develop a sense of how mucha case is worth.

Furthermore, you’re not likely to haveexperience with the types of arguments you’regoing to hear from insurance adjusters. Hiring a

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lawyer lessens the amount of hassles you’ll faceand you’ll almost certainly net more money, evenafter attorney fees and expenses are subtracted.


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PERSONAL INJURYCASE STANDARDS

Not everyone who has been injured can win apersonal injury case. The person who causes theinjury has to be deemed negligent, or at fault, underthe law. Someone is at fault when it is hisresponsibility to act or behave in a certain way, butfails to and causes some type of damage or injury.There’s a lot of complexity built into that seeminglysimple concept, but that’s the rough idea.

A routine traffic accident is a good example.Motorists have a responsibility to drive in a waythat doesn’t hurt others. When a driver speeds,fails to yield, or rear-ends another driver andcauses an injury, then that driver is negligent. Filing a negligence claim doesn’t mean thatyou’re accusing the other driver of being a badperson, and it doesn’t mean you’re being greedy.It’s simply a claim that the other person’s

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conduct has caused you some type of harm forwhich you deserve to be compensated. No one isgoing to go to jail as a result of your civil lawsuit.The civil system offers a way for you to be madewhole for the damages you’ve suffered as theresult of another’s wrongful conduct.

The insurance industry, along with state andnational chamber of commerce organizations,have done a great job of casting doubt onlegitimately injured people and the lawyers whorepresent them. While there certainly areunethical lawyers and people who make fakeclaims, the vast majority of claimants and attorneysseek only fair compensation for the injury suffered.You shouldn’t feel guilty for pursuing a legitimateclaim for injuries caused by someone else.

When you seek a settlement from an insurancecompany, you’re just trying to be made whole forthe medical bills you’ve incurred and the painyou’ve endured. You have nothing to be ashamedof when you look out for your best interests.


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YOUR LAWYER DOESN’T GETPAID UNLESS YOU DO

People are understandably nervous about hiringa lawyer. Fear that it will cost too much stopssome from consulting an attorney, especiallywhen expenses may be adding up as a result of arecent accident. Accident victims, however,don’t pay their lawyer anything unless asettlement is reached or they win in a trial.

Most attorneys who represent accident victimstake what’s called a contingent fee, which meansthat the lawyer’s fee depends on his success inresolving the case. If you win your case or get asettlement, the lawyer takes a fee. If you lose attrial or the insurance company won’t settle, youdon’t get anything, but you typically won’t owethe lawyer a fee. Usually, the lawyer takes one-third of the gross award or settlement. Thearrangement works for both parties. The lawyertakes a risk that he’ll never get paid if the case

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bombs. The client gets to pursue his claimwithout having to come up with thousands ofdollars in legal fees. Without this arrangement,some people never would be able to bring a claimbecause they couldn’t afford it.

Trying cases can be expensive because courtreporters have to be hired to take depositionsthat have to be transcribed, medical recordshave to be ordered, experts witnesses such asdoctors have to be consulted, exhibits have to becompiled, and court costs have to be paid. Theattorney usually will cover those expensesbecause most people couldn’t come up with thatmuch money. If the case settles or the client winsat trial, the lawyer is reimbursed for the expenseshe incurred in handling the case. Again, thisarrangement benefits the client. Our firmhandled one case where the expenses alone werein the neighborhood of $100,000. If we hadn’tpaid for those expenses, our client never wouldhave been able to pursue his claim even thoughhe had an excellent case.


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When you meet with a lawyer, you will have tosign an agreement that spells out how theattorney will be compensated and how theexpenses will be paid. Make sure that thecontingency fee arrangement – typically 33 1/3percent of the gross settlement or award – isclearly spelled out in the contract. If you don’tfeel comfortable with the contract, don’t sign it.You’re in control of the situation. If you havequestions, make sure the lawyer answers beforeyou sign the document. You can walk away afterthe case starts, but the lawyer will be entitled toget paid for the time and expenses he’s incurredout of whatever settlement another lawyerobtains for you.

When the case is resolved, you will get a checkthat represents the award or settlement, minusthe attorney’s fee and expenses. In somesituations, the attorney could be entitled underthe contract to more money than the clientultimately receives after expenses and medicalbills are paid off, but that shouldn’t happen. The

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attorneys in our office cut their fees so the clientalways ends up with more money.


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ATTORNEYS KNOW HOW TONAVIGATE THE LEGAL PROCESS

In all but the most straightforward of trafficaccidents, these cases can become verycomplicated even for attorneys who handle theseissues every day. Dealing with insuranceadjusters, health-care insurers, doctors,chiropractors, and attorneys representing theinsurance company can make resolving apersonal injury claim a long, frustrating journey.Hiring a lawyer to help you obtain faircompensation makes sense unless you’ve beeninvolved in a very minor accident.

If you hire a lawyer, he has a few options whentrying to resolve your case. Some lawyers file alawsuit immediately, which has the benefit ofputting you quickly on a trial track. The otherpath the attorney might take is negotiating withthe insurance adjuster to resolve the casewithout having to file a lawsuit. Most attorneys,

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including those in our office, prefer the secondapproach.

Lawsuits are time-consuming, expensive, andunpredictable. The benefit of settling a claimwith the adjuster is that the client getscompensated sooner and has a certain outcome.We only file suits quickly if the adjuster makesan unfair offer that we know isn’t going to getany better or if the statute of limitations is aboutto expire. For a routine traffic accident case, theinjured person has two years after the accidentto file a lawsuit. The statute of limitations for aminor’s traffic-accident case is two years afterthe minor turns 18.

Even with our approach, you shouldn’t expect aquick settlement. As we stated earlier, we thinkit’s best for the client to follow a doctor’streatment plan – even if it takes more than a year– rather than settling the case prematurely. Thisbenefits the client’s health and her case.Ultimately, your settlement or verdict will be


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based to some degree on the cost and length ofyour treatment.

Sometimes going to trial becomes the onlyoption. When you’re looking for a lawyer, makesure you hire someone who is willing to try casesif necessary. It can take a long time to get to trial,but it may offer your best chance of getting faircompensation for your injury. If you have to goto trial, be prepared for a long wait becausejudges have to juggle numerous criminal and civilcases. It’s not unusual for a trial date to be setanywhere from six months to a year after thecomplaint is filed.

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CONCLUSION We hope this book serves as a helpful referencetool for understanding personal injury cases.Though the process can be long andcomplicated, an attorney can guide you throughthis journey. When picking an attorney for yourcase, select someone who handles a lot ofpersonal injury cases. Personal injury lawyersdeal with the legal issues specific to this field oflaw on a daily basis.

If you think we can help you with your case,please call us at 419-241-1395 or 800-637-8170. Areceptionist will gather some information andconnect you with a lawyer. Calls that come intoour office after hours are forwarded to a lawyer.To learn more about our firm, visit our Web siteat www.charlesboyk-law.com.

We’ll schedule a free consultation with you andgive you our professional opinion about whether


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or not we can help you. You can also order oneof Chuck Boyk’s special reports for people whohave been bitten by a dog, injured on the job, orinvolved in a truck accident. We have six officesin northwest Ohio where we can meet with youto discuss your situation. We’ll work hard to getthe best result for your case.

Chuck Boyk has written FREE Special Reports on truckaccidents, workplace injuries, and dog bites. To order,please call 800-479-8203 and dial one of the followingextensions. Dial 1130 for the dog bite Special report; dial1129 for the workplace injuries Special Report; and dial1128 for the truck accident Special Report.

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ohio accident book:ohio accident book · company that you may not have been hurt in the first place...

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