Last updated on August 15th, 2024
Life can change in an instant. Accidents, injuries, and unforeseen events often leave individuals and families grappling with not just physical pain but emotional and financial distress. If you suffer a personal injury, you need compassionate representation from a Hamilton personal injury lawyer. This is because you have specific interests and legal rights to protect, and this is where Dyer, Garofalo, Mann & Schultz come in.
We are known for our commitment to justice and have a reputation for securing significant settlements and verdicts for our clients. We have recorded a high win rate in all personal injury cases we’ve handled. Therefore, if you or a family member is a victim of an accident in Hamilton, engaging a Hamilton personal injury lawyer can be the first step towards reclaiming your life. Engage us today, and one of our attorneys will take up your case and pursue the justice you deserve.
Dyer, Garofalo, Mann & Schultz handles a wide range of personal injury cases. Each case comes with unique demands that require specialized handling for effective resolution. Fortunately, we have a diverse team of Hamilton lawyers that ensures that we can confidently manage any injury case. Here are the types of cases we commonly manage:
Car accidents, including those involving motorcycles and trucks, are a leading cause of personal injury in Hamilton. These cases often involve serious injuries, significant property damage, and, in the most tragic instances, loss of life. Our Hamilton personal injury lawyers can diligently investigate the circumstances leading to the accident, determine liability, and seek restitution for damages.
Medical malpractice involves healthcare providers failing to deliver the expected standard of care, leading to patient harm. This may involve the following:
Our team works with medical experts to build compelling cases so that victims may receive justice and proper compensation for their suffering.
Slip and fall cases occur due to unsafe conditions on someone else’s property, such as wet floors. Property owners in Hamilton, OH are legally required to maintain safe environments. When they fail to do so, they should bear responsibility in case of eventualities. We help victims of slip and fall accidents recover related costs.
Injuries in workplaces can be minor incidents or severe, life-altering events. While workers’ compensation often covers these injuries, there are situations where additional legal action may be necessary, especially if third-party negligence contributed to the injury. Our firm assists in handling cases with challenges, such as when the damages for injuries and lost earnings are undervalued.
When products are defectively designed, manufactured, or marketed, they can cause untold suffering to consumers. Our firm handles cases involving a wide range of defective products, including pharmaceuticals, consumer electronics, and industrial machinery. We work to hold manufacturers and distributors accountable and secure justice for those injured by unsafe products.
We also deal with accidents that occur at amusement parks. While these instances are relatively rare, it’s important to acknowledge their impact. We assist injured individuals at such locations to ensure they receive the justice they deserve.
It’s very rare for people to get injured in boating accidents. However, these cases may still happen. Although insurance companies may not typically want to insure boats, we can help victims seek justice by exploring all legal options, including product liability claims to recover damages.
Determining whether you have a personal injury case involves several key factors. First, it is crucial to establish that an injury occurred and that this injury resulted from someone else’s negligence. Your Hamilton personal injury lawyer will thoroughly evaluate your claim to ensure it meets the requirements for seeking legal recovery.
They will be looking for the following essential elements:
The first step in evaluating a personal injury case is determining whether there is a verifiable injury. This usually includes physical harm, emotional distress, and other non-physical injuries. Personal injury lawyers may rely on different sources of evidence, such as witness testimony, to prove injury.
For a personal injury case to be viable, one has to prove that the injury resulted from another party’s negligence. Negligence involves proving that the other party had a duty of care, but they breached it, causing an injury. Lawyers often establish this through witness statements, expert testimony, and other reliable evidence.
It is not enough to show that someone was negligent but you have to demonstrate how their actions or inactions directly caused you suffering. This can sometimes be challenging, especially when dealing with medical malpractice or product liability cases where multiple factors might contribute to the harm.
Finally, the injury must have resulted in actual damages. These are the losses and sufferings that were occasioned by the negligent actions of another party. You must show that you suffered:
A lawyer will thoroughly evaluate your life to determine how the accident affected you and demonstrate this to a jury to seek an adequate settlement.
Determining fault in an accident is an important aspect of any personal injury case. In Hamilton, OH, fault will impact the ability to recover compensation and also the recoverable amount.
Firstly, Ohio is a fault state. So, if there’s an accident, the responsible party will have to cover the costs and damages. Additionally, the comparative fault law (Ohio Revised Code Section 2315.33) permits individuals involved in a personal injury claim to share a percentage of fault and still partially recover compensation.
Here is how fault is determined:
A thorough investigation is key to determining fault. This may involve reviewing various sources, such as:
Expert witnesses often play an essential role in determining fault, especially in complex cases. For example, in medical malpractice cases, medical experts can provide testimony on the standard of care and whether it was breached. Similarly, in product liability cases, engineers or product specialists might testify about design flaws or manufacturing defects.
Different types of personal injury cases have different legal standards for proving fault.
As said earlier, negligence is the bedrock of personal injury law. It means failing to exercise reasonable care and thereby causing harm to another individual.
In product liability cases, however, the burden of proving negligence shifts to showcasing that a product was defective and directly contributed to the inflicted harm. The manufacturer is strictly liable, and this alleviates the need to establish negligence.
Also, in dog bite claims, the owners are strictly liable (Ohio Revised Code Section 955:28). This places a strict responsibility on the owner, irrespective of the circumstances surrounding the incident.
In instances of rear-end collisions, the driver striking the rear of another vehicle typically bears the brunt of fault. In Ohio, drivers must maintain a safe distance between vehicles to prevent such accidents.
In left turn collisions, the driver making the left turn is often found at fault, especially without a green arrow signal. Oncoming vehicles have the right-of-way. Drivers should wait for a clear chance to turn. But if you turn too soon and cause a collision, it will be considered negligent.
In Ohio, the principle of contributory fault is applied. For example, when examining a scenario where one driver turns left on a yellow light while the other runs the yellow light, resulting in a collision, the concept of shared fault becomes evident. In this case, each party will assume a portion of the fault based on their actions leading up to the accident.
Compensation calculations in comparative fault instances are adjusted according to the level of fault assigned. For instance, if the plaintiff is deemed 25% responsible, their compensation would be reduced by 25%. Notably, receiving compensation in Hamilton depends on the plaintiff’s fault level remaining below 50%. If their fault surpasses this threshold, it will result in a loss of compensation rights.
Victims of personal injury may be entitled to various types of compensation according to the unique circumstances of the case. Usually, the kind of compensation recoverable from personal injury claims includes the following:
Medical costs are often a substantial component of any personal injury lawsuit. This includes costs for hospital stays, surgeries, medications, rehabilitation, and any future medical care that may be necessary. It’s important to keep records of all medical treatments and expenses to accurately calculate the total medical cost of your injuries.
If the injury has impacted the victim’s ability to work, they may be entitled to compensation for lost earnings. This includes not only income lost during the recovery period but also any reduction in earning capacity if the injury leads to disability.
Pain and suffering denotes the physical hurt and emotional upset that come with an injury. This type of compensation is more subjective and can vary widely depending on the case’s circumstances. Mostly, it is highly dependent on the severity of the injury, the victim’s age, and the impact on their quality of life.
In some situations, spouses or family members may be eligible for compensation due to the loss of consortium. This refers to the deprivation of companionship, affection, and support as a result of an injury. Typically, this compensation is granted in cases involving severe injuries or wrongful death.
Dealing with a personal injury case can be challenging, particularly when you are in the process of recovering from an injury. Luckily, Dyer, Garofalo, Mann & Schultz have the knowledge and resources to help you seek justice and obtain proper compensation. Here is how we can help you:
Our firm offers compassionate legal support from initial consultations to court representation. We work closely with clients to understand their needs and goals and provide personalized advice and strategies. Our team seeks to incorporate clients’ interests into investigation, negotiation, and litigation, ensuring that clients receive recovery that can reclaim their lives.
We have over thirty years of experience in personal injury law. Since 1990, we have assisted clients, garnering the knowledge and skills to handle even the most complex cases. We have successfully represented over 100,000 clients in various personal injury claims and secured substantial settlements.
At Dyer, Garofalo, Mann & Schultz, we prioritize our clients’ well-being. We recognize that each case is unique and that each client encounters their own set of challenges. Our client-focused approach means that we are always available to address queries, offer updates, and provide assistance throughout the stages of your personal injury claim.
At our firm, we have a strong history of securing significant settlements and verdicts for our clients. We assess how the injury has affected the client’s life and take that into consideration when processing your claim. Our goal is to make sure you are compensated for the losses you have experienced, whether they are current or potential future difficulties.
If you or a loved one has been injured in an accident, the law provides legal avenues to seek restitution. However, you need to seek legal representation to ensure you receive just compensation. At Dyer, Garofalo, Mann & Schultz we will discuss your case and help you explore your legal options. Our Hamilton personal injury lawyer will take up your case and push for your rightful compensation. Contact us today online or at 937-222-2222 to schedule a free case evaluation.
-> See our most recent auto accident settlement.
My attorney was/is Dominic Zambelli and from the very start, my experience with him was amazing. He explained what I needed to do for the case, the timeline, and put my mind at ease immediately. Fast forward six months, my case is settled and I am very happy with the result. If you are ever, and I mean EVER, looking for an honest, transparent, and diligent lawyer, call DGM&S and ask for Dominic. You will not be disappointed.
After an accident, and being inundated with offers from out-of-town lawyers, I called DGMS, and I am glad I did. They took over and I received a maximum payout very quickly after all the medical was done. Especially, Amy K. who always took my calls, and answered all my questions promptly. Thanks Amy K.
I went into this entire situation not knowing what to expect. Sierra and David are wonderful. Very professional and always answered any questions I had. I hope to never need their services again but if I do, I know the firm I am going to call.
We support local charities such as
FLOC Dayton, PFLAG, and Equality Ohio.
Garofalo, Mann & Schultz L.P.A. was established in Bellefontaine, Ohio, Dyer, the law office in order to serve the residents of Logan County.
Garofalo, Mann & Schultz L.P.A. was established in Cincinnati, Ohio in order to better serve the residents of Hamilton County.
Dyer, Garofalo, Mann & Schultz L.P.A. have several law offices dedicated to serving the Greater Dayton, Ohio area.
Dyer, Garofalo, Mann & Schultz L.P.A. personal injury lawyers are here to serve the residents of Darke County, Ohio from our office in Greenville.
Dyer, Garofalo, Mann & Schultz L.P.A. have established a law office in Huber Heights, Ohio in order to better serve the residents of Montgomery County.
The Lima office of Dyer, Garofalo, Mann & Schultz L.P.A. is dedicated to serving the residents of Allen County, Ohio.
Our Middletown office provides a full range of personal injury legal services for anyone in Butler County who has been injured at the expense of another.
Our Middletown office provides a full range of personal injury legal services for anyone in Butler County who has been injured at the expense of another.
Dyer, Garofalo, Mann & Schultz L.P.A. has established a law office in Sidney, Ohio in order to better serve the residents of Shelby County.
The Springfield Office of Dyer, Garofalo, Mann & Schultz L.P.A. is dedicated to serving the citizens of Springfield and the rest of Clark County, Ohio.
Dyer, Garofalo, Mann & Schultz proudly serves Auglaize County residents through its St. Marys office.
The experienced attorneys at Dyer, Garofalo, Mann & Schultz serve Clinton County residents through the Wilmington office.
Looking for an expert Xenia lawyer? Our Xenia office location of DGMS was created to better help the unique legal needs of the community.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Doug Mann who has more than 20 years of legal experience as a practicing personal injury attorney.
If you or a loved one has been seriously injured, please fill out the form below for your free consultation or call us at 1.937.222.2222
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