Legal Question in Personal Injury in Ohio
Rear Ended by Person whom may have been having a heart attack
I was stopped about a few cars back on an exit ramp leaving the highway. I was reended at 40MPH estimate by a driving that was 79 years old that complained of a heart issues. The witness to this accident saw him on the shoulder of the road 1/2 mile from the exit ramp. Also witness stated ''he just gunned it up the ramp.''
This just happen 12/5 evening I have sought medical car for head, neck and back injuries but will have xrays done today.
Should I speak with an attorney? Are punitive damages involved? Did the 79 year older driver commite gross negligent because pulling off the road shows that he was aware of this medical condition and thus makes him show intentional misconduct? THANK YOU!
3 Answers from Attorneys
Re: Rear Ended by Person whom may have been having a heart attack
Yes, you should speak with an attorney. You're probably not entitled to punitive damages, but you would certainly be entitled to compensatory damages, which would include medical expenses, lost wages, pain and suffering, etc. My office is in Stark County but I do handle cases in surrounding counties, including Trumbull. Email me back if you wish to discuss it further.
Re: Rear Ended by Person whom may have been having a heart attack
Whether it was regular negligence or gross negligence your damages are going to be determined by your medical expenses. Make sure that you treat every possible injury and strictly follow the Doc's recommendations to the letter. You can handle the damage and repair of your car, but you should let a lawyer handle the personal injury part. There's too much stress and too much room for error in that area for you to handle that yourself. Besides, most lawyers do not charge up front for this work, and take a percentage from what you ultimately receive. This really is the better route. So go shopping for a lawyer now. You may write me or call me directly as well. 216.952.1990
joe jacobs, esq.
Re: Rear Ended by Person whom may have been having a heart attack
You should talk to an attorney directly as soon as possible! Attorneys who do injury work generally are happy to talk to you without any cost or obligation. You should take advantage of that opportunity. If you don't like what you hear, you are free to talk to another attorney or handle the matter on your own. Now, the other questions that you asked are not as easy to answer without more detailed information. With that caveat, I do not think you will be able to get punitive damages in the case you have described. The other driver's medical problems is an issue that will have to be analyzed but my gut reaction is no punitive damages. If you would like to discuss this further, please feel free to call or email me with contact information. I have been representing people injured by someone else's negligence for over 30 years. No cost or obligation for the call!
Good Luck!
DHD
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