Toledo Personal Injury Attorney

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405 Madison Ave.
Suite 1000
Toledo, OH 43604

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Bitten by a dog? Act now to preserve your rights!

In addition to experiencing frightening attacks, dog-bite victims often are left with permanent scars. If you’ve been bitten by a dog,  you’re likely entitled to compensation for your current and future medical bills, the pain you experienced, and your mental suffering. Contact Dale Emch at 419-241-1150 immediately to protect your claim.

Dale's Blog

Not all car accidents worthy of a personal injury claim
Published Wednesday, July 9, 2014 12:00 pm

Not all car accidents merit personal injury claims. Even if you were injured in an automobile accident, the other party may not have to compensate you. First, there has to be a determination that the other party was negligent. In the context of a car accident, the elements of a negligence claim are that the other party owed you a duty to control his vehicle and not run into you; that duty was breached; the other party’s conduct caused you to sustain injuries; and you suffered financial damages as a result. (My book Don't Wreck Your Ohio Car Accident Case - 5 Tips for Handling Your Personal Injury Claim contains information that may be helpful to you if you've been in a car accident. To receive a free copy of my book, call 419-241-1150.)

In most situations, it’s clear which party is at fault in an accident. Insurance adjusters and attorneys have the experience to sort out whether a driver is liable for the injured person’s medical bills and pain. Sometimes, though, it’s a close call, and a lawsuit has to be filed so a jury can make the call. In that case, both sides likely will put on expert testimony to demonstrate their version of how an accident was caused.

Sometimes, both sides share fault in the accident. But even if your conduct somehow contributed to the accident, if the other driver’s fault was greater, that person is liable. The total award, though, would be apportioned between each driver. For instance, if a jury determined you were 30 percent at fault and the other driver 70 percent, the award would be reduced by 30 percent to represent your role in the accident.

If you’re not sure whether you have a case, contact a personal injury attorney for a consultation.