Legal Question in Personal Injury in Ohio

Re: Bus acident

Under ORC 2744.05:"The actual loss of the person who is awarded the damages" does not include any fees paid or owed to an attorney for any services rendered in relation to a personal or property injury or property loss, and does not include any damages awarded for pain and suffering, for the loss of society, consortium, companionship, care, assistance, attention, protection, advice, guidance, counsel, instruction, training, or education of the person injured, for mental anguish, or for any other intangible loss."

This law went into effect in 2001, and is in the process of being challenged on its constitutionality. Previous attempts at so-called "tort reform" have not passed muster on constitutionality. As you can see, there is a severe limitation on damages when you are dealing with a political subdivision. The fact that they have insurance is a plus. You don't say when the collision occurred, but I assume it is within the new statute. Also, you do have the right to pursue the case in court. You should have the matter reviewed by an attorney in order to protect your rights. Attorneys who are members of the Ohio Academy of Trial Lawyers should have the necessary background to advise you appropriately.

Good luck,

Re: Bus acident

ORC 2744.05 would limit the recovery of each injured individual to $250,000. for pain and suffering, over actual loss (medicals, lost wages, property damage). The questionable validity of such limitation is being contested but would likely have little impact on your family's claims. Generally speaking, if an adjuster is involved, there is coverage. You would be well-advised to request the adjuster to document, in writing, her position that the cited section limits or negates your right to recovery...More fundamentally, you ask if you need a lawyer. Two of your family members have been injured, presumably somewhat seriously, in an accident which severely damaaged your son's vehcile. You are being offered less than what you believe is fair compensation for such damages and injuries. The injuries may well have serious consequences into the forseeable future for the injured parties. The accident was apparently caused by the negligence of another, the bus driver. Unless an insurance adjuster immediately demonstrates good faith, fairness, and reasonableness, your only leverage in negotiations is the credible threat of litigation. Litigation is accomplished by lawyers. It is possible, during negotiations, for you to make admissions or otherwise compromise the strength of your claim. It is also possible for more knowledgeable insurance adjusters to coerce you into minimal settlements based upon a greater familiarity with laws and issues in this area. Presumably you want the maximum fair compensation for your family members. DO YOU THINK YOU SHOULD WAIT ANY LONGER TO RETAIN AN ATTORNEY? Respectfully, Steve Martinek

Re: Bus acident

You are being taken advantage of because you don't have a lawyer. Whoever told you that is completely lying to you. They wouldn't try that if you had lawyer. That is not going to be significant in your case. You should expect to receive 3-5 times your medical expenses, but you will never get anywhere near that without a lawyer. Plus, if they are asking you questions you may be hurting your self with your answers.

You also need to follow every doctor's order religiously.

Call me directly if you like:

Joe Jacobs 216-952-1990 / 216-227-0900

Re: Bus acident

Ohio Revised Code 2744.05 is a state law that limits the liability of government entities under certain circumstances. That law will not have a significant impact on your husband�s or son's cases. Most likely the adjuster you are dealing with does not understand the implications of the law, or is attempting to take advantage of you. I suggest that you speak to an attorney. I would be happy to speak to you and your family free of charge and without obligation at 216.241.2500.