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(440) 205-0188
Call Us Today
(440) 205-0188

FAQ


Personal Injury 

  • Will my cash settlement or jury award be subject to taxes?
No, if it’s for pain and suffering.
Yes, if it’s for lost wage compensation.

  • Is there a limit the jury can award in a personal injury case?
Yes, in most cases. In Ohio, there is a $250,000 cap for pain and suffering.
It can be increased to $500,000 if there is a significant injury with loss of use.
There is no cap for wrongful death cases.

  • If I slip and fall on a property (business) due to dangerous conditions, is the business responsible for my injuries?
Maybe, while it seems like common sense if the business knows about the dangerous condition.
In Ohio, the law has an open and obvious doctrine. This means that if the dangerous condition can be easily seen, the company is not responsible.

  • Is someone responsible for an accident even if the police officer doesn’t give him or her a ticket?
Yes, they may be whether the police officer gave them a ticket or not. 
The facts and circumstances of the case are the determining factors; which means being cited or ticketed does not determine liability or responsibility for the accident. 

  • If a person caused an accident and is uninsured, can I still get money for my injuries?
Yes, if you have uninsured motorist insurance.

  • If a person has a little or no insurance, can I get compensated for my injuries?
Yes, if you have uninsured or underinsured motorist protection.

  • What does subrogation mean?
Subrogation means that your medical insurance has a right to be reimbursed for their monies.

  • How does a contingency fee work in a personal injury case?
Simply, the contingency fee is derived from a percentage, usually 1/3 of the gross proceeds from the settlement. Litigation is 40%.
No settlement. No fee.

  • Accident And Insurance Claims - Why Do I Need A Lawyer?
We believe that injury victims and their families should consider these 3 principals when determining their need for legal representation in any matter:
First, do you have the education, training and knowledge to handle the matter? Insurance claims often involved a myriad of complex legal issues. Are you aware of the latest legal decisions regarding comparative fault, the collateral source rule, diminution in value, tort reform legislation, subrogation, setoffs, write-offs, made whole doctrine, joint and several liability, primary coverage, excess coverage, pro rata coverage, damage award caps…? If you do not understand any of these terms then we invite you to schedule a free consultation with one of our attorneys discuss your claim.

Secondly, do you have the experience to handle your claim? Insurance adjusters are professionals in the art of liability investigation, injury evaluation and negotiation. They may well handle hundreds of claims a years. This experience certainly gives them an advantage. On the other hand, this maybe your first accident claim or you had a prior one so long ago that you are really unsure on how to proceed. If you do not have the experience associated with handling insurance claims on a daily basis, then we invite you to schedule a free consultation with one of our experienced attorneys who does have that experience level.

Thirdly, do you have the time and resources to handle your claim? After an injury event, we believe your first priority should be to seek appropriate medical treatment to promote a recovery from your injury condition(s). However, after a loss, you are often inundated with insurance forms and inquiries, medical forms and injuries, requests for a recorded statement, proof of loss requests, subrogation acknowledgements, property damage issues and so forth. The
D'Amico and Joherl Law Office we will represent you on all aspects of your claim so that you can concentrate on your health. If you need our help and resources, then you are invited to schedule a free consultation with one of our attorneys discuss your claim.
Lastly, the attorneys at the D’Amico & Joherl Law Office often work as a team in handling of your legal matter. Having more than one attorney assigned to handle your case gives you the added accessibility to legal representation and the ability to respond quickly to the needs at hand.

  • Litigation - What Are Juries Not Told?
We all know that motorists in the state of Ohio are required to have valid insurance or bond coverage to operate a motor vehicle in this state. In fact, Ohio’s minimum financial responsibility law requires that the liability insurance coverage be at least $25,500.00 per person/$50,000.00 per accident to cover accident-related bodily injuries. 
When a victim of injury presents his/her claim for compensation to a jury, however, it is improper to reference the insurance status of the at-fault party (tort-feasor) or what liability insurance coverage applies to this loss. 
Additionally, jurors are not told that the injury victim has to pay back any award of medical bills due to the common subrogation provisions in private and public health insurance policies as well as medical payments coverage found in automobile insurance policies. Therefore, the amount that a victim of injury received by way of a jury award is often substantially less due to these subrogation duties to pay back to the insurance companies.
It seems that juror must ignore any common knowledge that insurance pervades into our daily activities.