Accident – Injury – Wrongful Death Claim?

Accident – Injury – Wrongful Death Claim?

For most personal injury cases, we never charge a fee unless you collect. We handle these cases on a contingency fee basis, meaning that you will not have to pay us a penny unless there is a settlement or a final verdict at trial. Our fee is a percentage of your recovery. We will advance all the costs associated with obtaining a successful verdict. accident law - wrongful death attorney

What are case costs?

These are costs we pay out to others to get your case ready for trial. Examples would be filing fees, fees for obtaining medical records, expenses for depositions and experts. Costs will vary depending on the complexity of each individual case.

Remember that if our firm does not recover anything for you, you are not responsible for paying back the case costs to us.

How much money is my case worth?

Every case is different. We have to examine various factors to help assess value. These factors include liability, the extent of your injury, future medical problems, the amount of your medical bills, lost income, as well as future medical expenses and future lost income. The final evaluation will also involve the ability of the other party to pay a judgment. more information on this website

How long do I have to file my case?
You must file your case within the Statute of Limitations. In most personal injury cases you are required to file your case within 2 years of the date of the accident.
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What if I am injured at work?
You may have a worker’s compensation claim. You should do the following:

Tell your employer of your injury
Ask for and seek medical attention
Document the accident
Make notes of all witnesses
Contact an attorney as soon as possible

What if I am injured in a car accident?
You should do the following:

Call the police to report the accident
Seek medical treatment immediately (go to ER)
Photograph the scene and damage to your vehicle
Make notes of all witnesses and gather information from them
Call your insurance company
Contact an attorney as soon as possible

Do I have to go to Court for my personal injury claim?
In most cases, a fair settlement can be reached long before a court date is needed. You do not have to file a lawsuit in order to obtain a recovery.

The insurance adjuster wants to settle and says I do not need an attorney. Do I still need to hire one?
Yes. Remember the insurance adjuster works for the insurance company and he or she has one goal: to settle your case for the least amount of money possible. Do not leave money on the table. Claims handled by an experienced personal injury attorney generally result in greater settlement packages for you, the claimant.

Who can file a Wrongful Death claim?

Only the deceased’s spouse, parents and children (and in some cases the Estate itself) can file a wrongful death claim.

DUI FAQs

Can you decide whether or not you will take a breath test? Should you take the breath test?
Yes, you should take a breath test, although it depends on the individual circumstances. However, a refusal or failed test may result in immediate suspension of your license. Further, a refusal to take the test may be used as evidence against you in court. Certain amounts of alcohol could remain (a recent sip of alcohol, mouthwash, gum, mints, etc.) in your mouth that could register as false positives on the breath test. If you have not had anything to drink you should take a breath test if asked.

Can your license be suspended before your criminal case is resolved?
Yes. It is possible for your license to be suspended then be found not guilty in a criminal trial. There are two ways for your license to be suspended:

A refusal of the state chemical test
If you take the test and register over a .08 per se violation

Will you lose your license if convicted of a DUI?
Yes. You will lose your license for 90 days after a first conviction. After a second conviction within five years of the first, you will lose your license for a year. The third conviction results in a three year loss of license, and the fourth and all subsequent convictions result in licenses suspension for five years.

Can I receive a hardship/work license if my license is suspended for a DUI conviction?
Only under certain conditions can you obtain a hardship drivers’ license. However, there are many other means by which a skilled attorney can help you keep your driving privileges.

Should I wait closer to my court date to contact an attorney?
No. Action needs to be taken immediately to help preserve your driving privileges. After a DUI arrest, you only have 10 days to request a hearing to prevent the automatic suspension of your license.

Criminal Cases

If you are facing criminal charges that carry the possibility of jail time you have a constitutional right to an attorney. It is important that you have effective representation when you are facing the potential loss of your freedom. You need someone who knows how to evaluate defenses, deal with the court system and the prosecutors, and advocate for you. If you have not yet been charged, but are facing an investigation it is important to consult with an attorney before giving any statements. A good attorney may be able to resolve the matter without a defendant being formally charged.

Our attorneys have experience handling a wide variety of cases, both felonies and misdemeanors, throughout various courts throughout Ohio. They have handled murder cases, drug cases, possession and trafficking cases, RICO cases, theft, robbery, felonious assault, assault, engaging in a pattern of corrupt activity, crimes, rape, gross sexual imposition, sexual battery, menacing, domestic violence, possession of a hoax weapon of mass destruction, complicity, conspiracy, and many other cases in both State and Federal Court.

Mr. Hooks is certified to handle death penalty cases by the Ohio Commission on the Appointment of Counsel for Indigent Defendants in Capital Cases. Additionally, Mr. Deal was honored with an award for his work in handling Montgomery County felony cases by the Montgomery County Court of Common Pleas in 2009.

Our attorneys have experience handling all types of criminal cases and know how to deal with the police, prosecutors, court staff and judges. If you are facing criminal charges you need to be sure you have an experienced attorney leading the way.

Federal Criminal Law

Only certain crimes can be charged in Federal Court. The crime must be a federal crime, or a crime that took place on Federal property. For example, here in Dayton, if you are charged with a DUI at the base it would be in Federal Court. Federal rules and procedure is very different from the way things are handled in State courts. The penalties are oftentimes much more serious as well. If you are charged with a federal crime, or being investigated by a federal agency you should immediately contact an experienced attorney to counsel you.

Our attorneys have handled numerous cases in Federal courts. We are licensed in the Southern District of Ohio as well as the Sixth Circuit Court of Appeals. We have successfully resolved major drug cases. We have also resolved other types of cases; including child pornography cases, tax evasion, RICO, wire fraud, and numerous state crimes on federal property. We have successfully vacated multiple life sentences after they were imposed in federal drug cases. If facing federal criminal charges please contact us to set up an appointment to discuss your options.

Felonies

In Ohio any case that carries with it the potential of prison for six months or more is a felony. There are numerous felonies. Everything from murder and rape to theft and drug possession are felonies. A felony carries significant penalties that will stay with you forever. Not only is there the possibility of spending time in prison, but it will also impact your ability to obtain employment, your ability to own a firearm, and your ability to vote. There may be conditions imposed on you in lieu of prison, or once you are released that still restrict your freedom. Felonies may carry life in prison in some circumstances.

Our attorneys have handled felonies of all kinds. We have handled murder cases, sex crimes, felonious assaults, domestic violence, engaging in a patter of corrupt activity, drug possession and drug trafficking cases, kidnapping, theft, grand theft, theft in office, identity fraud, possession of a hoax weapon of mass destruction, and virtually every other type of felony. We have handled felonies in Montgomery, Greene, Clark, Champaign, Miami, Darke, Warren, Butler, Highland, Clermont, Preble, Hamilton, Shelby and Ross Counties.

If you are facing a felony charge you should promptly contact an attorney with experience to help advise you and guide you through the process. Feel free to contact us to schedule an appointment to discuss your options. Our initial consultation is free of charge.