A Local Personal Injury Attorney with a National Reputation

FAQ

As an experienced personal injury attorney, one of my main goals is answering your questions. Below are some of the inquiries I receive most often from clients. If you do not see your question listed, please contact Brian K. Balser Co. LPA today to speak with me directly.

How much is my injury case worth? How long will it take?

If a lawyer tells you the value of a case in the first couple of weeks following an injury, be wary. Every case is different, and there are many things that must first be taken into account. The facts of the incident and the injury, the details revealed in an investigation, and other factors must be brought to light and carefully analyzed before that value can be estimated.

Other factors are involved, such as the county in which the injury occurred. The other thing that will likely determine the value of the case is who is handling the case, for both the plaintiff and the defendant.

The time frame for a case also varies. I try to get trial dates as soon as I can on my cases, because normally that’s the only time that the insurance companies representing the negligent driver, healthcare providers or hospitals are going to pay.

If you have a question about a personal injury case and want to speak to an experience attorney, I invite you to contact me.

What should I know if I’ve been injured in a car accident with an uninsured motorist in Ohio?

If you are going to file a lawsuit after a car accident in Ohio, you have two years from the date of the accident to file a lawsuit in court. If the person that hits you is an “uninsured motorist” — meaning they don’t have auto insurance — you then make a claim on your own insurance companybased upon the terms contained in your insurance policy.

Because these claims can be complicated, they are best handled by an experienced car accident injury lawyer. However, one thing I do like to point out to each one of my clients is the “Declaration” page of insurance policies. You may not know it, but almost every insurance policy has this page that lays out exactly what you are entitled to if the other side doesn’t have insurance.

For more questions concerning car accidents in Ohio or what to do if the other driver didn’t have insurance, contact me today. I can help guide you through the legal process, so you can focus on healing.

What is medical malpractice?

All healthcare providers in Ohio have rules that they must follow. These rules are in place for the safety of the patient. If they fail to follow these rules and a patient suffers harm or a loss, then the patient is entitled to compensation.

When doctors, nurses, other medical professionals, or hospitals don’t follow these rules, the legal term is “medical malpractice.” If someone’s been injured or is a victim of medical malpractice, they are often able to pursue compensation, depending on the circumstances of their situation.

It’s important to talk to an experienced attorney who can analyze your circumstances and provide guidance. I have been practicing medical malpractice law for over 30 years and recognize that each case is unique.

For more information on medical malpractice in Ohio, contact me today.

What options are available to someone who may be a victim of medical malpractice?

If you are the victim of medical malpractice, there are many options available to you, but they vary depending on the circumstances. One of the options available to a victim or the family of a victim is to contact the healthcare provider. If you are certain that there has been injury as a result of a doctor’s negligence or rule breaking, another option is to sue the healthcare provider.

As an experienced medical malpractice lawyer, I can help guide you through the process, analyze all aspects of your claim, and help you and your family make the right decision for your physical, emotional, and financial health.

Contact me today at (440) 934-0044 for the help you need.

What is the statute of limitations for medical malpractice in Ohio?

The biggest things to keep in mind when faced with a medical malpractice issue are the statutes of limitations. A statute of limitations limits the amount of time that a person can take a medical malpractice case to court and lawfully ask for compensation. Statutes of limitations are different for children than they are for adults.

The Ohio statute of limitations for medical malpractice is one year from the time when the patient knew—or should have known—about his or her injury. Injuries to minors, such as birth injuries, have different statutes of limitations. When a child has been injured and there is the question, “do I still have time to have this investigated?” you should contact an experienced medical malpractice attorney to answer your specific question based on your specific facts.

Determining how long you have to file a medical malpractice lawsuit can be confusing, however. After all, who can rightly say the person “should have known” that an injury was a result of malpractice? It can get even more confusing when there has been a wrongful death as a result of medical malpractice.

For instances of pain and suffering caused by medical malpractice, you typically have a statute of limitations of one year. During that year, there are certain things that you can and cannot do to qualify for compensation for your suffering. That’s why it’s so important to talk to someone that has experience with medical malpractice cases.

If you are facing any of these questions concerning the statute of limitations for medical malpractice cases in Ohio, I encourage you to contact me today for guidance.

What is pharmaceutical litigation?

Pharmaceutical companies have, unfortunately, put some really bad drugs on the market.

To give you an example, I did a lot of work with fen-phen, a diet drug. Fen-phen seriously injured and killed consumers, attacking the heart and lungs. Despite this, the drug was sold to people throughout the U.S. Many products with dangerous side effects, like fen-phen, are approved by the FDA. Eventually, these side effects surface, seriously injuring—or killing—the consumer. That’s where pharmaceutical litigation comes in.

If it’s a defective product, then the case ventures into the arena of product liability. In this instance, an investigation into the product’s development is launched.

If it is found that the drug a) should never have been put on the market, b) should have come with a stronger warning, or c) should have been recalled sooner, the victim likely has a case.

In many instances, consumers are not aware of a drug’s potential dangers until they see something on TV about it. When they do, they need to contact an attorney, such as myself, who has experience with dangerous, bad, and recalled drugs. A pharmaceutical litigation attorney can inform them what legal options are available to them.

I have local and national experience in pharmaceutical litigation. If you have more questions about drugs, whether prescribed or over-the-counter, please contact me today.

What is it like to work with Brian K. Balser Co. LPA?

When a client first contacts me they have questions. They want to know: “What happened?” I explain that we will get answers to their questions and find out exactly what happened. Our investigation will determine if somebody else is responsible for their devastating loss or severe injury.

Next, we ask: “What should we do about it, if anything?” Most of my clients have suffered either very severe injuries or death, so their families need to be put in a position to understand their rights and receive compensation for those injuries or death.

It is my job to try to find out what happened and why. If you have been injured in an accident and are left with severe injuries, I can help you. As I tell my clients “You concentrate on getting healthy and let me handle the other issues.”

When people come to my firm for help, they are in a very fragile state because of the situation that they’re in. That’s compounded by the fact that there are plenty of questions running through their heads regarding what can be done, if anything. That’s why it is important to meet wherever they are most comfortable, whether that is at my office, at their house, or at a rehabilitation facility.

Wherever they are most comfortable meeting with me, I try to explain to them that I can answer their questions. I want them to focus on getting better—I will handle the legal part.

“Let me answer your questions,” is what I tell my clients. I’m available 24/7. If you have a question, there is a good chance that I will be able to answer that question based on my experience. Take comfort in that, and hopefully that can help you sleep at night.

It doesn’t matter if it’s a Friday night, if it’s a Saturday, or if it’s a Tuesday afternoon. More than likely, I can answer your questions. I allow you to concentrate on what you need to concentrate on—healing.

Let's Talk About Your Case

At no cost to you, I'll explore the details of your case, discuss options and see if there's a way I can help. You'll only ever pay a fee if I take your case and win.

Fill out the form below or call/text me personally at (440) 934-0044.

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