PERSONAL INJURY

This is the most common claim and one that many people will experience during their lifetime. Did the carelessness or illegal act of someone cause you injury? If so you may have a claim for personal injury. Car accidents, medical malpractice, defective products and dangerous buildings, lots, grounds or stairs are all areas where people can be injured resulting in a personal injury claim.

In a personal injury claim, if the other party is found to be at fault, your injury will be compensated with money damages. Damages include medical bills, lost wages, pain and suffering, property damages and loss of consortium. Although money damages can never really compensate you for pain and permanent injury it is the mechanism by which the law tries to return you to your condition prior to the accident.

Generally, an attorney will take your personal injury case on a contingency basis. This means the attorney is paid only if you recover and is paid nothing if you do not recover. The customary fee in contingency cases is 1/3 of the amount recovered. Under Ohio Law clients are responsible for the expenses of their case regardless of the outcome.

Watch out for the insurance company! We are now seeing insurance companies coming to accident scenes and offering on-the-spot settlements. Be careful. Generally speaking, you should allow some time to pass to assess your medical condition. If you are not absolutely sure you are ok, wait and see the doctor. Also the insurance adjuster is trying to get you to settle while you are tired, dazed and confused. He or she is probably not offering you his best settlement at that time. The best advice is to get some advice before you consider settlement.

Have a personal injury case that you want to discuss? Call 241-8282 or email to Richard@Hackerd.com

CONTRACT DISPUTES

In a contract dispute someone has broken their promise to you. A contract can be written, oral or even implied by the actions and understandings of the parties. If someone fails to live up to their agreement with you, you have a claim for breach of contract. Again, money damages are awarded if the other party is found to be at fault. These will include an amount calculated to put you in the same position you would have been if the other party had not breached. What does that mean? Take a repair to your car, for example. The garage does not properly complete the repair, you complain and they ignore you. You have the car repaired elsewhere. The new bill, your lost use of the car and any additional out of pocket costs are all recoverable. Note, however, you do not receive inconvenience or emotional distress damages in a contract dispute.

Try and settle the dispute reasonably. Contract disputes are difficult and inconvenient for everyone. Great expense can be avoided by talking calmly with the other party. What did they do or not do that you think is wrong? Explain why and what you want. Be complete about your complaints so that everyone knows where you stand at one time - make a list if need be. Consider compromising if its fair. Was there an unforeseen difficulty, additional work or other reasons for the other side's actions? Being reasonable does not mean giving up your rights, however. If you aren't satisfied you might have a case.

Have a contract case that you want to discuss? Call 241-8282 or email to Richard@Hackerd.com

LEMON LAW

The lemon law only applies to new cars. Have you had a component repair three or more times or a life threatening condition once and its still not right? Ohio's lemon law provides expansive and powerful remedies for the owner of a new car including return of the vehicle, attorney's fees and damages.

Have a lemon law case that you want to discuss? Call 241-8282 or email to Richard@Hackerd.com

So you think you have a case... now what?

Should you go to small claims court? Want to try your hand at playing Perry Mason? Remember Perry had a great script writer and always won, but if your case is small (less than $2,000.00) and you don't want to incur legal fees think about small claims court. The filing fee is usually small, and the rules of evidence don't apply. The judge or magistrate will interpret the law for you. If you decide to go to small claims have the following ready:

1. Theory of your case - why should you win? What did the other side do, or not do, that entitles you to recovery.
2. Documentation - everything that you claim should be documented to the best extent possible. All bills by receipts, lost wages by an employer's letter or paystub.
3. Testimony - you'll have to testify. You can also bring in witnesses on your behalf. Do you have someone to tell about each element of your case?
4. Notes - be organized. In small claims you'll only get a few minutes to play out your role as Perry Mason. Be ready, be organized. What are you going to say? What order are your witnesses in and what will you ask them?
5. Introduction - Have a brief introduction stating what you want and why you're entitled to a recovery..
6. Conclusion - At the end of your case, close your case with a summary of the evidence that supports your view and restate what it is that you want.

Good Luck and have fun. Remember the point behind small claims is that this case wasn't worth hiring an attorney in the first place so you might as well enjoy the experience and learn something. If you do you may just win!

Small claims not for you? Consult with an attorney. This is the surest way to know your rights. Come to an agreement as to fees - will this be an hourly case or a contingency? Have a written fee agreement. How will you be billed? Lawyers can't promise you results: that's not in the nature of the practice, but they can give you their best advice and assessment of the merits of your case. At the law office of Richard Hackerd we bill monthly for non-contingent cases at reasonable hourly rates. Want an appointment? Call 241-8282 or email at Richard@Hackerd.com .