Frequently Asked Legal Questions
The law is complicated. We’re here to make it more accessible to those in need. That’s why we’ve put together the most common accident lawyer questions we receive.
General Accident Lawyer Questions
Have you or a loved one suffered due to the actions (or inaction) of someone else? It’s important that you understand your rights and how to move forward. These are the most common questions we receive from wronged people in Ohio and Kentucky.
What does it cost to hire a personal injury attorney?
We handle personal injury cases on a contingency basis. That means you do not pay an hourly rate or an expensive upfront retainer. Our fee is a percentage of the money we recover for you, and we only collect that fee if we make a recovery in your case. We also advance the expenses necessary to build and pursue your case.
If you don’t win your case, you don’t owe anything.
Does The Richards Firm offer free consultations?
Wondering if lawyers give free consultations? When it comes to The Richards Firm, the answer is yes! Your initial consultation with The Richards Firm is completely free. No hidden fees. No commitments. We meet at a place of your choosing (whether in-person or virtually), and listen to what happened, discuss your situation, answer your questions, and help you understand your options.
If you don’t win your case, you don’t owe anything.
Do I need an attorney?
Not every accident or injury requires an attorney, but these situations can become complicated very quickly. Insurance companies may dispute fault, question your injuries, deny coverage, or attempt to minimize what they pay. An attorney can investigate what happened, identify available insurance coverage, gather evidence, communicate with the other parties, and help you understand what your claim may be worth.
If you are unsure whether you need representation, it never hurts to reach out. Our free consultations and case reviews can help you understand your options before making that decision.
If you don’t win your case, you don’t owe anything.
Do I have to go to court?
Whether you go to court or not depends on your case and how events play out. That said, 95% of personal injury cases do not go to court according to the American Bar Association. These cases are resolved through litigation and negations between involved parties.
Should you need to go to court, The Richards Firm will guide you through the process and represent you accordingly. Trust us when we say you don’t want to find out what happens when you go to court without a lawyer.
If you don’t win your case, you don’t owe anything.
How long do I have to bring a claim?
The deadline for bringing a legal claim is known as the statute of limitations, and that deadline varies depending on the type of case and where the injury occurred. For example, many bodily injury claims in Ohio have a two-year statute of limitations.
However, different rules may apply depending on the surrounding circumstances.
Because missing the applicable deadline can prevent you from pursuing a claim, it is important to speak with an attorney as soon as possible after an injury.
If you don’t win your case, you don’t owe anything.
Does The Richards Firm accept referrals?
Yes. We regularly handle cases referred by attorneys, doctors, other professionals, and current or former clients. When another attorney refers a case to us, we can co-counsel with that attorney and keep them involved at whatever level is desired as the case progresses. Contact us directly if you would like to discuss a potential referral.
If you don’t win your case, you don’t owe anything.
How it Works
Working with an attorney can seem intimidating at first, especially if you’ve never done it before. At The Richards Firm, we strive to keep it as simple and stress free as possible. Here’s what you can expect when you reach out to us.
We’ll perform a free case review and prepare to meet you at a time and place of your choosing.
Your free consultation can take place virtually, over the phone, or at a place of your choosing. During this time, we’ll listen to the specifics of your case, answer any questions you have, and provide a few options of how to proceed.
Should you choose to move forward with our legal services, we’ll begin representing you immediately. This includes building your case, fielding communications, and guiding you every step of the way.
With The Richards Firm working your case, you’re able to focus on your own needs. This may include recovering from an injury or coping with the lose of a loved one. We’re here to make things easier, not harder.
We can’t undo what you’ve experienced. However, we can help you build the best case possible so you can move forward with your life. Most cases are resolved without having to go to trial, and should we lose your case, you don’t owe anything.
Our Practice Areas
The Richards Firm is an accident & injury law firm in Hamilton, Ohio that provides legal representation across the Greater Cincinnati area. If you need answers regarding a specific area of injury, click one of the topics below. We’re also happy to answer any and all questions during a free consultation.
Vehicle Accident Questions
What should I do after a vehicle accident?
Knowing what to do after a vehicle accident is critical.
Your first priority should be taking care of yourself and anyone else who may have been injured. Call 911 when appropriate and seek medical attention for your injuries. If you are physically able, gather information at the scene by taking photographs, getting witness contact information, exchanging insurance information, and obtaining a police report.
You should also notify your insurance company (though we recommend avoiding the topic of fault and who caused the accident). Just stick to the facts.
Once your immediate needs have been addressed, speaking with an attorney can help you understand your options and determine what steps to take next.
The sooner you reach out to an attorney, the better off you will be.
If you don’t win your case, you don’t owe anything.
Should I talk to the insurance company after an accident?
You will generally need to notify your own insurance company about the accident once you’re able to. However, you should be careful about what you say. Even if you believe you caused the accident, determining fault isn’t as straightforward as it seems.
There may be a number of factors that led to your accident, some of which you won’t immediately be aware of.
When speaking to your insurance company, stick to the basic facts and avoid admitting fault or guessing about details you do not know.
Remember that insurance companies have a financial interest in resolving claims for as little as possible. Before providing detailed statements or accepting a settlement, it may be helpful to speak with an attorney who can explain your rights and help protect your claim.
Who pays my medical bills and other expenses after an accident?
The answer depends on the circumstances of the accident and the insurance coverage available. Health insurance or medical payments coverage may help with medical expenses while a claim against the responsible party is pending. If another person caused the accident, their liability coverage may ultimately provide compensation for medical bills and other losses.
Depending on the case, an injured person may also be entitled to compensation for lost wages, pain and suffering, psychological damages, property damage, and other losses.
Even if you’re unsure of insurance coverage and who will pay for what, you should seek medical treatment as soon as possible. Waiting too long can actually hurt your claim. It may also result in injuries becoming worse.
What if the other driver does not have enough insurance?
Your own automobile policy may include uninsured or underinsured motorist coverage. This coverage can provide compensation when the person responsible for an accident has no insurance or does not carry enough liability coverage to fully compensate you for your injuries.
We review the available policies and other potential sources of recovery to determine what coverage may apply to your specific situation.
Again, even if the other driver is uninsured, you should not delay any medical treatment.
How do I know if I need an attorney after a vehicle accident?
Vehicle accidents can become complicated even when fault initially seems obvious. Injuries can develop over time, people can disagree about what happened, and insurance companies may dispute or undervalue claims.
An attorney can investigate the collision, preserve evidence, identify responsible parties and available insurance coverage, and handle communications while you focus on recovering. If you are uncertain whether representation is necessary, an initial consultation with The Richards Firm is free.
Even if you don’t move forward with our legal services, a consultation can help you understand your options and how to best proceed.
Wrongful Death Questions
What is a wrongful death claim?
Wrongful death is a legal term used when someone loses their life because of another person’s or entity’s actions or inactions. These cases can arise from vehicle accidents, unsafe workplaces, negligence, and many other circumstances.
A wrongful death can leave a family dealing with much more than grief. There may also be medical expenses, funeral costs, lost income, and significant changes to the family’s future.
Who can bring a wrongful death claim?
Who may pursue a wrongful death claim depends on the law that applies to the case and the relationship between the deceased person and surviving family members. There can also be specific requirements involving the deceased person’s estate and its representative.
Because these rules can be complicated and differ from state to state, we recommend speaking with an attorney about your family’s particular circumstances.
What types of situations can result in a wrongful death claim?
A wrongful death can result from many of the same situations that lead to serious personal injury claims. These wrongful death patterns can include vehicle accidents, workplace incidents, defective products, nursing home negligence, and other situations in which another person’s or company’s actions or inactions result in a death.
The important question is not simply how the person died, but whether another party may bear legal responsibility for what happened.
How do I prove wrongful death?
In order to hold the other party responsible and receive the compensation you’re owed, you’ll need to prove wrongful death has occurred. This starts with establishing “duty of care.” This means that the person or party that caused the death was responsible for person who has passed.
This duty could arise from many contexts: a driver’s duty to obey traffic laws, a property owner’s duty to keep premises safe, a manufacturer’s duty to produce safe equipment, a nursing home’s duty to provide competent care, etc.
From there, you need to show this duty was breached and that someone’s actions directly resulted in the person dying. Though that may sound simple enough, it’s often not as straightforward as it seems.
A wrongful death attorney is critical in guiding you through this process and building your case.
How long does a family have to bring a wrongful death claim?
Wrongful death claims are subject to statutes of limitations, which establish deadlines for taking legal action. The applicable deadline can depend on where and how the death occurred and other circumstances surrounding the case.
Families should not assume that they have a certain amount of time based on another type of injury claim. Speaking with an attorney as soon as reasonably possible can help determine which deadline applies and preserve important evidence.
Dog Bite Questions
What should I do after a dog bite or attack?
Did someone’s dog bite you? The first thing you should do is ensure you’re safe from further attacks. From there, you need to treat the wound.
Dog bites can cause serious wounds, infections, scarring, and other complications, so seek appropriate medical attention. When possible, document your injuries, gather information about the dog and its owner, and preserve any other evidence related to the attack.
It is also important to understand your legal options. Ohio has specific laws addressing injuries caused by dogs, and speaking with an attorney can help you determine how those laws apply to what happened.
Who is responsible for a dog bite in Ohio and Kentucky?
Ohio generally follows a strict liability approach to injuries caused by dogs. Under Ohio law, an owner, keeper, or harborer of a dog may be responsible for injuries, death, or other losses caused by the animal without the injured person having to prove that the owner knew the dog was dangerous.
There are exceptions and defenses, however, including certain situations involving trespassing or someone teasing, tormenting, or abusing the dog. The circumstances of each incident need to be considered individually.
What if the dog belongs to someone I know?
Many dog bite cases involve dogs owned by friends, relatives, or neighbors. Understandably, that can make someone hesitant to bring a claim. People are especially afraid that the dog may have to be put down.
However, it’s important to move forward with your claim.
A claim does not necessarily mean that the dog’s owner will personally pay for all of your losses. Insurance coverage may be available depending on the circumstances. As for the dog, biting someone doesn’t necessarily mean it has to be put down. There are a number of factors to be considered, and it may simply need to go through some training.
Failing to report your injury may result in the dog injuring someone else in the future.
Does insurance typically cover a dog bite claim?
Insurance coverage may be available for a dog bite or attack depending on the owner’s policy and the circumstances surrounding the incident. Because policies and exclusions vary, the available coverage needs to be reviewed on a case-by-case basis.
If you have been seriously injured, identifying all available insurance coverage is an important part of determining how your medical bills and other losses may be addressed.
Do I need to file a lawsuit for a dog bite?
Filing a dog bite lawsuit may seem excessive, but there are a few key things to consider:
- Dog bites are often more serious than they appear
- Medical costs can add up quickly
- Unreported dog bites often lead to additional (and potentially more dangerous) bites in the future
- Dog owners are responsible for the actions of their dog and keeping people safe from that dog
Ultimately, if you’ve been bitten by a dog, and you’re unsure how to proceed, it’s best to speak to an experienced dog bite attorney.
Product Liability Questions
What is a product liability claim?
A product liability claim can arise when someone is injured or killed by a defective or unsafe product. Companies that design, manufacture, and distribute products have responsibilities to ensure that the products they put into the marketplace meet appropriate standards for safety and quality.
When brands and businesses ignore safety standards and processes, serious injuries can occur (like the famous McDonald’s coffee lawsuit).
Product liability cases can involve everything from vehicles and electronics to medications and everyday consumer products.
When can a company be responsible for an injury caused by a product?
A company may be responsible when a product causes an injury because of a problem with its design, manufacturing, warnings, or instructions. A seemingly small oversight during the design or manufacturing process can sometimes create a serious safety risk.
Determining exactly what went wrong and who may be responsible often requires a detailed investigation of the product and the circumstances surrounding the injury.
Who can be held responsible for a defective or dangerous product?
Depending on what happened, responsibility may extend to companies involved in designing, manufacturing, or distributing the product. Product liability cases are not always limited to the company whose name appears on the product.
Part of investigating a product liability claim is identifying how the defect occurred and determining which companies or other parties may bear responsibility.
What should I do if I think a defective product caused my injury?
First, take care of your health and seek appropriate medical treatment. You should also preserve the product and any packaging, instructions, receipts, photographs, or other information you have related to it. Avoid throwing the product away or altering it if possible.
Because product liability cases can require significant investigation, speaking with an attorney early can help preserve evidence and determine the appropriate next steps.
The company that provided the product in question likely has their own legal team on hand. You need your own experienced legal representation.
Premises Liability Questions
What is premises liability?
Premises liability refers to situations where someone is injured because of an unsafe condition on another person’s property. Property owners and others responsible for a property have certain obligations to keep their premises reasonably safe for visitors.
These cases can involve slip and fall accidents, inadequate maintenance, unsafe buildings or structures, insufficient security, hazardous materials, missing warnings, and other dangerous conditions. Whether you have a claim depends on what caused your injury and the circumstances surrounding the property.
Who can be held responsible if I am injured on someone else's property?
Depending on the circumstances, a property owner, manager, lessor, maintenance company, or another party responsible for the property may potentially be liable for an injury.
An important part of a premises liability case is determining who was responsible for the dangerous condition and whether that party created it, knew about it, or should have known about it. These cases can be difficult, so investigating the circumstances surrounding the accident is especially important.
What are some common examples of premises liability cases?
Slip and fall accidents are among the most familiar examples, but premises liability covers many types of injuries. Cases can involve wet or slippery floors, untreated ice, poor maintenance, broken railings, unsafe stairs or walkways, inadequate security, hazardous materials, building code issues, or a failure to provide appropriate warnings about a dangerous condition.
The important question is whether an unsafe condition on the property contributed to your injury and whether another party may be legally responsible for that condition.
What should I do if I am injured on someone else's property?
Take care of your health first and seek appropriate medical attention. If possible, document the condition that caused your injury with photographs or video. You should also report the accident to the property owner, manager, or business and gather contact information from anyone who witnessed what happened.
Evidence can disappear quickly. A spill can be cleaned, ice can melt, broken equipment can be repaired, and surveillance footage may not be kept indefinitely. Preserving evidence as soon as possible can be particularly important in a premises liability case.
How do I know if I have a premises liability claim?
Simply being injured on someone else’s property does not automatically mean the property owner is responsible. Generally, there needs to be evidence connecting your injury to a dangerous condition and showing that the responsible party created the condition, knew about it, or should have known about it.
Premises liability cases can be challenging under both Ohio and Kentucky law. If you were seriously injured because of a potentially unsafe property condition, we can review what happened, answer your questions, and help you understand your options during a free consultation.
Nursing Home Negligence
What is nursing home negligence?
Nursing homes and care facilities have a responsibility to provide appropriate care and protect the people entrusted to them. Negligence can occur when a facility fails to meet a resident’s basic needs or provide an appropriate level of care, resulting in injury or a worsening medical condition.
Nursing home negligence can involve inadequate supervision, poor hygiene, medication errors, malnutrition or dehydration, untreated medical problems, falls, bedsores, wandering, and other failures in care.
What are the signs of nursing home abuse or neglect?
The signs of nursing home neglect can range from very subtle to very obvious. Warning signs can be physical, emotional, or environmental. Unexplained injuries, repeated falls, bedsores, poor hygiene, sudden weight loss, dehydration, unsanitary living conditions, medication problems, recurring infections, or an unexplained decline in health can all warrant closer attention.
Changes in behavior can matter too. If your loved one suddenly becomes withdrawn, anxious, depressed, or fearful, do not simply dismiss it. Ask questions and pay attention to changes in their condition or care.
What should I do if I suspect my loved one is being neglected or abused?
Start by taking your concerns seriously. Ask questions, document what you observe, photograph visible injuries or unsafe conditions when appropriate, and seek medical attention if your loved one needs it.
You may also need to raise your concerns with the facility or report suspected abuse to the appropriate authorities. If your loved one has been injured, speaking with an attorney can help you determine what happened, preserve evidence, and understand the options available to your family.
Who can be held responsible for nursing home negligence?
When it comes to determining who is liable for nursing home abuse, there are a few factors to consider. Responsibility depends on how the injury occurred. Nursing home employees may be directly involved in inadequate care, but problems can also result from understaffing, inadequate training, poor supervision, or decisions made by facility management.
An investigation can help determine whether the problem involved an individual caregiver, the nursing home itself, its management, or other responsible parties.
Do you handle medical malpractice?
The Richards Firm does not handle cases involving medical malpractice. Of course, the difference between medical negligence and malpractice can be a little confusing. If you’re unsure which area your case falls under, we’re happy to help. Simply schedule a free consultation, and we can guide you from there.
Should you need a medical malpractice attorney, we’ll happily refer you to a few we know and trust.
Still Have Questions?
Looking for some answers or general advice? We’re here to help. Just fill out the form below, and we’ll follow up. The longer you wait to ask for help, the more difficult your case becomes.