Wilmington, Ohio Personal Injury Lawyers & Wilmington Personal Injury Attorneys

If you live in Wilmington, Ohio and have a personal injury claim, call one of the lawyers listed on this site and receive a free initial consultation.

Located in southwestern Ohio, Wilmington is the seat of Clinton County and home to over 12,000 residents. Home to Wilmington College, the town was honored in the late ‘90’s as one of the 100 best small towns in America by a publication of the same name.  A peaceful community, Wilmington is home to more than a dozen Quaker meeting houses.

The Greater Wilmington area is also home to a variety of oil, energy, and chemical companies. Some companies which call Wilmington home or have a large presence here include:

Landrum Oil Inc, Monro Muffler Brake & Service, Hartley Oil Co, Monro Service Center, Shell Oil True North Energy, Landrum Oil Inc, BP Oil Co, Flora Petroleum Products, Union '76 Oil Co, Duncan Oil Co, Reliable Oil, Certified Oil Co, Stewart Electric, Shell Oil True North Energy, Energy Control Insulation Systems, Bcd Group Inc, Paradise Electric Co, Shell True North Energy, City Electric Supply Co, Sargeant's Construction, Just Energy, Melvin Liquid Fertilizer, Southwest Landmark Inc, BioGuard Pool and Spa Products, Chemicals, Maintenance and Supplies, Corrosion Control KPR Adcor VCI, Early, Lucarelli, Sweeney & Meisenkothen, L.L.C., Terra Industries, and Crop Production Service Inc.

Workers for these companies may be injured on the job as a result of chemical or mechanical processes, sometimes suffering devastating bodily injuries. In addition, Wilmington inhabitants face other injuries that are typical across the nation and can be potentially catastrophic. Certainly, living in a big city like Wilmington has many benefits, such as a thriving job market, restaurant scene, nightlife, and a variety of cultural options; however, it also creates a high level of risk for many of its inhabitants. It is in these unfortunate instances that a Wilmington personal injury lawyer can help you and provide the expertise to aggressively advocate on your behalf. If you have a Wilmington personal injury claim, call one of the Wilmington personal injury attorneys listed on this site for a free initial consultation.

What is a Personal Injury Attorney and what types of matters does a Wilmington Personal Injury Attorney’s practice cover?

Wilmington personal injury attorneys sometimes get the undeserved reputation of being greedy. Many people believe that personal injury lawyers are only interested in cases where they stand to make huge sums of money, and that they care little for their clients. This is simply not the case. Clinton County personal injury attorneys’ practices cover a wide range of practice areas. More importantly, Clinton County accident lawyers and other Wilmington personal injury attorneys play a crucial role in protecting the financial and legal rights of injury victims and their families, many times against large corporations. Just some of the matters that a Wilmington Personal Injury lawyer covers throughout the State of Ohio are:

• Product Defects & Products Liability
• Medical Malpractice
• Stock Broker  & Real Estate Broker Malpractice
• Dangerous Drugs & Medical Devices
• Rollover & Crash Worthiness
• Truck Accidents, 18-Wheeler Accidents, other Auto Accidents
• Workers’ Compensation Injuries
• Maritime Injuries
• Cruise Ship Injuries
• Boating & Jet Ski Accidents
• Railroad Employee FELA Injuries
• Slip & Trip & Falls
• Dog Bites
• Bad Faith Insurance
• Government Liability - City of Wilmington, Clinton County, & State of Ohio Liability
• Federal Government Liability 

An injury can be a catastrophic event for an entire family, potentially ruining quality of life, destroying a person’s livelihood, and preventing them from working. A Wilmington personal injury attorney will step in and fight to protect your rights if you find yourself in this situation. Although your attorney will not be able to repair the physical damage you have sustained, it is very likely that a Wilmington personal injury lawyer will be able to get you deserved compensation for your injuries, which can provide for you, your family, and your medical expenses.

Why do you need a Wilmington Personal Injury Lawyer?

In most cases where someone gets injured due to the negligence of another person or company, there is insurance to cover the personal injury claim. If you have ever dealt with an insurance company in the past, then you will immediately know why you need to hire an experienced and competent personal injury lawyer to represent you in your Wilmington personal injury claim. A Wilmington personal injury attorney can help you negotiate an acceptable settlement or, if need be, take your claim to trial to get you the money you deserve in Ohio state or federal courts.

Additionally, proving a personal injury claim can be a very complicated task, particularly if you are not familiar with the legal concepts involved. Even for lawyers who are familiar with these concepts, it can often be difficult to prove causation and damages, and the lawyer may need to consult with a number of medical and scientific experts to prove the necessary legal arguments. Your Wilmington personal injury lawyer will also be able to advise you of the various theories of recovery that might be involved in your claim, including negligence, strict liability, or intentional tort. In a negligence-based case in Ohio, you must prove:

1. The person or party that caused your injury owed you a duty of care, but did not live up to that duty;
2. There was sufficient causation, or connection, between that person’s action and your injury to constitute a breach of their duty to you; and
3. You suffered compensable damages as a result.

The analysis only becomes more complicated in a strict liability case, where you seek to hold the defendant responsible for your injuries regardless of fault, or negligence. In these types of strict products liability cases, your Wilmington personal injury attorney can help you prove the following elements:

1. A defect existing in the product when it was sold made it unreasonably dangerous for consumer use;
2. The product wasn’t fit for its intended use or a reasonably foreseeable use at the time it left the manufacturer’s hands;
3. The defect in the product caused your injury; and
4. You suffered damages as a result.

As noted, a variety of medical and scientific experts might be involved in proving these elements, and an experienced Wilmington personal injury attorney can help arrange these experts and prepare legal arguments based on your medical records.

Your Wilmington personal injury lawyer can also advise on whether claims may be brought on behalf of your family members for negligent or intentional infliction of emotional distress, or for loss of consortium. Similarly, there may be other variables involved when more than one party may have contributed to your injury. In these cases, a Wilmington personal injury lawyer may decide to bring a claim against multiple tortfeasors for joint and several liability.

To illustrate this point, consider the following: If you have been injured by a defective consumer product, the manufacturer may be liable under a theory of strict liability, regardless of any negligence involved. Other people in the chain of distribution, including the retailer or distributor may also be strictly liable for your injuries. In Ohio, joint and several liability rules make any party more than 50 percent at fault for your injuries liable for your pecuniary damages (actual costs), regardless of how much fault is attributable to the other parties involved. Other theories besides strict liability might also be involved, including negligent design and/or manufacture of the product at issue. This is even without introducing the idea of comparative negligence—that is, the idea that your own negligence might, in some cases, reduce your recovery. This might occur in a car accident case, where you were 15% at fault but the other driver involved was primarily responsible for the accident.

Clearly, this analysis varies depending upon the facts of each case, and proving all of these elements can become enormously complicated. A qualified Wilmington personal injury attorney or Clinton County personal injury lawyer can help you navigate these difficult legal concepts as well as the Ohio court system.

Finally, a Wilmington personal injury attorney or other Clinton County personal injury attorney can help you determine what your claim is worth and the measure of damages you should seek to recover. Under Ohio law, the party that caused your injury is liable for:

• Past, current, and future estimated medical expenses
• Time off from work due to injury, including time spent at doctor’s appointments or rehabilitative therapy
• Property damage, such as damage to your vehicle during an automobile accident
• The cost of hiring help to perform household chores you couldn’t perform due to your injury
• Damages for permanent disfigurement or disability
• Emotional distress, including anxiety, depression, interference with family relationships, & loss of consortium
• Any other expenses that are a direct result of your injury

For more information on damages you may be able to recover, including damages for specific types of injuries and wrongful death, please refer to the page on Damages.

Wilmington personal injury lawyers represent not only injury victims but their families and spouses in actions throughout Southeast Ohio and the Greater Wilmington area. If you or a loved one has been injured, you may be able to recover for medical expenses as well as a variety of other damages. You should contact one of the experienced Wilmington personal injury attorneys to represent you and protect your rights.

How long do you have to file a personal injury claim in Ohio?

Under Ohio’s statute of limitations, you only have two (2) years to file a personal injury claim against the party or parties that caused your injury. You should consult a Wilmington accident lawyer or Clinton County personal injury attorney to evaluate your claim and pursue legal action before Ohio’s two-year statute of limitations has expired.

What does a Wilmington personal injury lawyer charge?

Most lawyers charge an hourly rate plus a retainer fee. These type of lawyers perform billable hours and keep records of the time they spend working on your case, and then charge you accordingly. This is not the case for Wilmington personal injury attorneys. Ohio laws regulating legal ethics allow personal injury lawyers, or “PI lawyers” for short, to execute “contingency fee” agreements with their clients. The availability of a contingency fee agreement for an injury victim is essential because, as a practical matter, it can be extremely financially burdensome for such persons to pay hourly fees for their lawyer. This is especially true when a person has been injured and might not be able to work due to their injury.

Instead, your Wilmington personal injury lawyer will usually agree to accept a percentage of any monetary recovery they win on behalf of their client. The specifics of the contingency fee agreement can vary from state to state and even from lawyer to lawyer within a state; but, essentially, a contingency fee agreement means that if the injured person does not recover anything, then they pay their attorney nothing. You can easily see how this benefits personal injury victims: not only do they only pay if they recover money, but their interests are also more closely aligned with those of the attorney representing them, who will not simply seek to rack up billable hours, but to win their case. Please contact a Clinton County personal injury lawyer to discuss your case.

Personal Injury Attorneys Serve Wilmington and Surrounding Cities

Serving clients throughout Southwestern Ohio, including Beavercreek, Carlisle, Centerville, Cincinnati, Columbus, Dayton, Delhi, Fairborn, Fairfield, Florence, Forest Park, Gahanna, Goshen, Hamilton, Highland Heights, Hillsboro, Huber Heights, Independence, Kettering, London, Mason, Miami Heights, Middletown, Mount Orab, New Moorefield, Norwood, Pickerington, Piqua, Reynoldsburg, Springfield, Trotwood, Upper Arlington, Urbana, Westerville, Wilmington, Xenia, and other communities in Clinton County.

Contact one of the Clinton County lawyers on this site for a FREE INITIAL CONSULTATION.

Professional Negligence & Malpractice

Products Liability

Governmental Liability

Wilmington Damages - Generally

Work Related Injuries

Wilmington Auto Accident Attorney - Wilmington Truck Accident Attorney - Wilmington Van Accident Attorney

Car accidents are, by far, the leading cause of transportation related injuries throughout the United States and locally in the  Wilmington area. Most Americans are completely dependent on using cars to perform each of our daily tasks, including driving to the store, work, school, shopping, doctors, and a variety of other commonplace tasks. The inevitable consequence is that, no matter how safe a driver you are, you will likely be involved in some sort of auto accident one day. This reality becomes even more likely in a congested, commuter city such as Wilmington, Ohio, which is well-known for having some of the worst traffic in the country.

When Do You Need a Wilmington Car Accident Attorney?

Of course, not every car accident requires that you hire a car accident lawyer. Car accident lawyers only become necessary when an accident results in an injury serious enough to warrant medical attention, or one that detracts from your quality of life and daily routine. In these cases, retaining a Wilmington, Ohio automobile accident lawyer can help protect your legal rights and ensure that you and your family receive the advice and compensation you deserve.

You should contact an experienced Wilmington auto accident attorney when your injuries are such that:

1. You have a severe injury that will cause you some significant lost time or wages from work; or
2. Where a car accident causes you to be disfigured; or
3. You are caused to suffer permanent pain; or
4. You have suffered a “loss of consortium” as a result of an automobile injury to your spouse. Please note that loss of consortium claims encompass all negative effects on the martial relationship, including loss of love, affection, support, companionship and sexual relations.

If you or a loved one has suffered a car accident or other type of injury from a Wilmington auto, truck, van, or bus and any of the above factors are present, then you should retain a Wilmington car accident attorney immediately.

Why Do You Need a Wilmington Auto Accident Lawyer?

Every state, including Ohio, requires car owners to purchase automobile accident insurance. However, car insurance companies are notorious for trying to get out of paying fair and just compensation to their customers, even when those customers have routinely made their insurance payments for years. Let’s face it, how do car insurance companies make money? Simply put: They love to take premiums and hate to pay claims.

Wilmington car accident attorneys handle car accident cases, motorcycle accidents, and commercial truck accidents throughout the Greater Wilmington area and in all areas of Clinton County. Additionally, they represent drivers, passengers, pedestrians, and bicyclists who have suffered an injury in a Wilmington, Ohio traffic accident where another driver may have been at fault. This “fault” is known as negligence in legal parlance. If another driver’s negligence has caused you or a loved one an injury, you may be entitled to monetary compensation for your injuries and should contact a Wilmington car accident attorney to discuss your options.

Due to a special procedure under Ohio law, it is especially important that you obtain an attorney specializing in Wilmington auto accidents or Clinton County auto accidents in order to determine whether negligence was involved in the car accident. This procedure, called a “proper lookout,” essentially requires the driver to observe all the circumstances and conventions of driving to prevent the accident from occurring. Drivers have a duty to focus on the road and other drivers and obstacles they may encounter on it. Failure to carry out this duty can result in a negligently induced car accident. You need an experienced Wilmington car accident lawyer to help you prove that it was the other driver’s negligence that caused the accident you were involved in, or else you may not recover damages and may even be required to pay the other driver if he or she claims you are responsible! Proving negligence can be a particularly difficult issue, both legally and scientifically, and a qualified Wilmington car accident attorney will be skilled at navigating the legal system and obtaining the expert witnesses necessary to get you the compensation you deserve.

If you or a loved one have been involved in a Wilmington auto accident, you should:

1. Call 911 for an ambulance for all injured persons;
2. As soon as you are able, call a Wilmington car accident lawyer;

1. In Ohio, the statutory minimum of liability insurance is $12,500.00, and an experienced Wilmington accident attorney will work hard to get you the compensation you deserve;
2. You need a trained Wilmington, Ohio car accident law firm to fight for your rights because the auto insurance company definitely will not;
3. You need a Wilmington Ohio car accident lawyer to make sure that you get quality medical care and that all areas of your body are properly checked out;
4. You need a Clinton County car accident lawyer to get and preserve vital scene evidence and immediately retain experts, called accident reconstructionists, who recreate the accident for the purposes of trial and legal settlements;
5. If there may be evidence of alcohol and/or drugs that played a role in the cause of the accident, it is important information that your attorney can help preserve and document;
6. Your car accident attorney will make sure that your automobile’s damage is properly assessed and that you get all the money that you deserve;
7. You need a Wilmington car accident attorney to get all your monies due from your own insurance company, such as Personal Injury Protection (PIP) or Med-Pay coverages;
8. You need a Clinton County car accident attorney to find all layers of insurance coverage, such as excess levels of coverage;
9. In Ohio, the statute of limitations is two (2) years from the date of the accident and you need a car accident lawyer to make sure that this time limit does not expire and that your lawsuit is timely filed to protect your rights;
10. You need a Wilmington auto accident attorney to help you select the best venue, or court location, to file your lawsuit. If the injuries are serious and your automobile accident law firm files suit, it would do so in Clinton County Municipal Court or Clinton County Court of Common Pleas;
11. You need an experienced Wilmington personal injury lawyer to find all liable parties, as often the negligent driver is in the course and scope of employment with a large company at the time of the accident, and sometimes there are other vehicles that may also be partially responsible for the accident;
12. If you received a ticket when you should not have, a trained Wilmington auto accident lawyer can represent you regarding that ticket to make sure that you are protected from a claim of contributory negligence;
13. You need a car accident lawyer to make sure that all your damages are compensated, including lost wages, loss of future earning capacity, past and future pain and suffering, past and future mental anguish, past and future physical impairment or restrictions, and past and future disfigurement from burns or scars; and
14. Finally, when a case is properly handled by an experienced car accident lawyer, the insurance company may “see the light” and will generally offer you what the value of your claim is actually worth in a settlement.

For all these reasons, you should not hesitate to retain an experienced Wilmington automobile accident lawyer near you to help you pursue claims related to an injurious car, truck, bus, motorcycle, or van accident.

Personal Injury Attorneys Serve Wilmington and Surrounding Cities

Serving clients throughout Southwestern Ohio, including Beavercreek, Carlisle, Centerville, Cincinnati, Columbus, Dayton, Delhi, Fairborn, Fairfield, Florence, Forest Park, Gahanna, Goshen, Hamilton, Highland Heights, Hillsboro, Huber Heights, Independence, Kettering, London, Mason, Miami Heights, Middletown, Mount Orab, New Moorefield, Norwood, Pickerington, Piqua, Reynoldsburg, Springfield, Trotwood, Upper Arlington, Urbana, Westerville, Wilmington, Xenia, and other communities in Clinton County.

When you need someone in your corner, a Wilmington personal injury lawyer will be there for you. Call now to speak with an experienced Clinton County Vehicle Accident attorney today.

Wilmington Products Liability Lawyer

Wilmington Defective Product Attorney Wilmington Products Liability Attorney

In the United States, perhaps more than any other country in the world, we buy products every day to fuel our consumer-oriented lifestyles and economy. We buy them for our children, for our spouses, for our parents, for ourselves, for our friends, and even for our pets. When we purchase a consumer product, we expect that it will be safe. We also expect that it will be designed in the best possible way to avoid injury to unsuspecting consumers. Equally important are necessary and adequate warnings, which should accompany products when they go on the market so that they can be used safely and in the intended manner.

Wilmington defective product attorneys and law firms handle all kinds of products liability cases that cause injury to unwitting consumers. If you or a loved one have been injured due to a defective or unreasonably dangerous product, contact a Wilmington products liability lawyer for a consultation regarding your right to compensation.

What is Products Liability law?

You might be wondering what Products Liability means and how it can affect you. Products Liability law concerns the liability, or legal responsibility, or manufacturers and other parties in the chain of distribution for consumer products or components of those products. This may include the manufacturer, the wholesaler, or the retailer who sold you, a friend, or a family member a faulty product that has caused you or a loved one harm.

The product might be defective due to a design flaw, manufacturing defect, or other defect that makes the product unreasonably dangerous for its normal use. This is true regardless of whether any fault or negligence was involved in manufacturing the product itself! The bottom line is that if you have been injured or otherwise harmed by a faulty consumer product, you may be entitled to monetary compensation and should contact a Wilmington products liability attorney for a free initial consultation.

 According to Ohio Law “Product liability claim” means a claim or cause of action that is asserted in a civil action pursuant to sections 2307.71 to 2307.80 of the Revised Code and that seeks to recover compensatory damages from a manufacturer or supplier for death, physical injury to person, emotional distress, or physical damage to property other than the product in question, that allegedly arose from any of the following:
(a) The design, formulation, production, construction, creation, assembly, rebuilding, testing, or marketing of that product;
(b) Any warning or instruction, or lack of warning or instruction, associated with that product;
(c) Any failure of that product to conform to any relevant representation or warranty. “Product liability claim” also includes any public nuisance claim or cause of action at common law in which it is alleged that the design, manufacture, supply, marketing, distribution, promotion, advertising, labeling, or sale of a product unreasonably interferes with a right common to the general public.

What is a defective consumer product?

Everyday household items like toys, electronics, common household appliances, contaminated food products, and medical devices can all prove to be defective consumer products. Other things may also be considered defective products. For example, gases such as arsenic and radon, property, pets or livestock, pharmaceutical drugs, writings like navigational charts, and other dangerous chemicals can all be considered defective products.

For more information on dangerous and defective drugs and medical devices, click here.

Who can sue for a defective product injury?

Apart from the person who was using the defective product, bystanders may also sue the product manufacturer or supplier for their injuries. Additionally, a bystander who has experienced physical symptoms caused by mental distress may sue for emotional damage if they witnessed a close family member sustain an injury from their use of the defective product. This may include a spouse, child, or other close family member. A person who has been loaned or given a defective product may also sue. Lastly, in Ohio, the spouse of a person injured due to a defective product may sue for loss of consortium for any damages to the marital relationship, including loss of love, affection, support, companionship, and sexual relations.

What damages can you recover?

Ohio products liability law provides for recovery of the following damages:

• Medical bills
• Rehabilitation expenses
• Lost income
• Other lost earnings
• Pain and suffering
• Punitive damages

A Wilmington defective products injury lawyer can help make sure that you receive the maximum compensation possible under the law for your injuries.

Why seek legal help? How long do you have to sue?

An experienced Wilmington products liability lawyer can help you recover the money you deserve. Ohio law limits the amount of time you have to file a lawsuit under something known as a Statute of Limitations. After the application time period under the statute has passed, you may be legally barred from exercising your rights. In Ohio, the limitations period is two (2) years from the date the cause of action accrued, which is usually the time of injury.

A qualified products liability attorney right here in Wilmington, Ohio, will help protect your rights and get you the money to which you are entitled.

Specific Types of Products Liability Lawyers

To be liable to an injured plaintiff, the manufacturer and/or distributor must have placed a product into the stream of commerce, which subsequently injures someone. Wilmington products liability claims range from defective lawnmowers, cars, planes, appliances, boats, drugs and pharmaceuticals, and many other items that cause Clinton County residents injuries each day.

For more information on products liability in the specific case of medical devices or dangerous pharmaceutical, prescription, over-the-counter, or other drugs, click here.

Who Can Be Held Liable for a Dangerous Product?

1. Product Manufacturers
2. Product Distributors
3. Product Sellers

To amplify the difficulty of winning such a lawsuit, consider that nearly every consumer product contains component parts of some kind and that, many times, it is nearly impossible to discern which component caused the malfunction. However, a trained Wilmington defective product attorney can help you prove your claims and arrange the necessary scientific expert witnesses to prove that the manufacturer should be held accountable to you for distributing such a faulty product. Wilmington personal injury attorneys have the skill and experience to get you the money you deserve quickly and without hassle.

Wilmington, OH Products Liability Cases

Ohio law is very developed when it comes to products liability cases. In fact, Ohio has enacted many complicated laws which make proving a Wilmington Products Liability case difficult. This makes it all the more important that you hire a qualified Wilmington products liability lawyer to handle your case. The following are Ohio's Products Liability Laws:

• 2307.71 Product liability definitions
• 2307.711 Assumption of risk as affirmative defense to product liability claim
• 2307.72 Civil action for product liability claim
• 2307.73 Liability of manufacturer - enterprise liability rejected
• 2307.74 Product defective in manufacture or construction
• 2307.75 Product defective in design or formulation
• 2307.76 Product defective due to inadequate warning or instruction
• 2307.77 Product conforming to representation made by manufacturer
• 2307.78 Liability of supplier
• 2307.79 Compensatory damages for economic loss from manufacturer or supplier
• 2307.80 Punitive or exemplary damages from manufacturer or supplier

Wilmington Rollover Accident Lawyers & Wilmington Crashworthiness Lawyers

Another type of products liability case that is often overlooked by the untrained practitioner relates to vehicles that are unfit for sale and perform badly in auto accidents and frequently roll over. These cases occur when a car, van, pick-up truck, or Sport Utility Vehicle (SUV) rolls over or malfunctions in an auto accident. There are many potential injuries that can result when this happens, which is fairly frequent in busy Wilmington, Ohio traffic.

A seatbelt, airbag, or other malfunction may make the vehicle unreasonably dangerous and unfit to be sold on the market. Issues involving seat belts that come undone are often involved, causing passengers to be ejected from the vehicle and sustain more severe injuries than they would have otherwise. Similarly, roof crushing and other poor designs in a faulty vehicle may result in the death or permanent paralysis of the vehicle’s occupants. If you or a loved one has been injured due to faulty vehicle design, crashworthiness failures, or a vehicle rollover, consult a Wilmington crashworthiness attorney, Wilmington roll over attorney, or Clinton County products liability attorney today.

Personal Injury Attorneys Serve Wilmington and Surrounding Cities

Serving clients throughout Southwestern Ohio, including Beavercreek, Carlisle, Centerville, Cincinnati, Columbus, Dayton, Delhi, Fairborn, Fairfield, Florence, Forest Park, Gahanna, Goshen, Hamilton, Highland Heights, Hillsboro, Huber Heights, Independence, Kettering, London, Mason, Miami Heights, Middletown, Mount Orab, New Moorefield, Norwood, Pickerington, Piqua, Reynoldsburg, Springfield, Trotwood, Upper Arlington, Urbana, Westerville, Wilmington, Xenia, and other communities in Clinton County.

Contact one of the experienced Wilmington personal injury attorneys listed on this site today for a FREE INITIAL CONSULTATION regarding your legal rights.

Wilmington Personal Injury Lawyers & Wilmington Personal Injury Attorneys

What does a Wilmington Personal Injury Attorney do?

In Wilmington, Ohio, a variety of workplace accidents, road accidents, and other accidents caused by negligence, recklessness, or wrongdoing create new Wilmington personal injury claims each day. Although many people believe that personal injury attorneys are usually greedy, or that they are “ambulance chasers,” this is simply not the case, and an experienced Wilmington accident lawyer or other Wilmington personal injury lawyer can help you in a number of ways. In reality, Wilmington personal injury attorneys cover many areas beyond just auto accidents. Just some of the matters that Wilmington Personal Injury lawyers cover are:

• Product Defects & Products Liability
• Medical Malpractice
• Real Estate & Stockbroker Malpractice
• Dangerous Drugs & Medical Devices
• Rollover & Crash Worthiness
• Truck Accidents, 18-Wheeler Accidents, other Auto Accidents
• Workers’ Compensation Injuries
• Maritime Injuries
• Cruise Ship Injuries
• Boating & Jet Ski Accidents
• Railroad Employee FELA Injuries
• Slip & Trip & Falls
• Dog Bites
• Bad Faith Insurance
• Government Liability
  • City of Wilmington, Clinton County, & State of Ohio Liability
  • Federal Government Liability

If you or a loved one are a Wilmington, Ohio injury victim, contact a Wilmington personal injury lawyer today to get a thorough consultation as to your legal rights.

Why do you need a Wilmington, OH Personal Injury Lawyer?

A Wilmington personal injury attorney can help you in a variety of ways. In most cases where someone gets injured due to the negligence of another or a company, there is insurance to cover the personal injury claim. If you have ever dealt with an insurance company before, then you will immediately know why you need to hire and experienced and competent Wilmington personal injury lawyer. Additionally, Wilmington personal injury lawyers or Clinton County personal injury lawyers can represent you in your personal injury claim throughout Ohio state and federal courts. An experienced Ohio personal injury lawyer will provide you with support during your time of need and get you the compensation you deserve.

What does a Wilmington personal injury attorney charge?

Most lawyers charge an hourly rate plus a retainer fee. These types of lawyers perform billable hours and charge you according to the amount of time they spend working on your case. This is not the case with Wilmington personal injury attorneys. Personal injury lawyers, or PI lawyers for short, are permitted under Ohio ethics rules to represent clients under a “contingency fee” agreement.

The availability of a contingency fee agreement for an injury victim is essential because, as a practical matter, it is hard for most injured persons to pay hourly rates for a lawyer, especially when they may be out of work due to their injuries. The specifics of the contingency fee agreement can vary from state to state and even from lawyer to lawyer within a state; however, a contingency fee basically means that if the injured person does not recover anything, then they pay will not be required to pay their lawyer anything either. Specifically, under a contingency fee agreement, your Wilmington personal injury lawyer will take a predetermined percentage of any recovery they obtain for you, the client. Not only does this save you money, but it also aligns your lawyer’s interests with yours, ensuring they work efficiently to get you the maximum recovery, and do not simply rack up lots of hours. 

Where do Wilmington Personal Injury Attorneys or Clinton County Personal Injury Attorneys file cases?

Wilmington personal injury lawyers are experienced in handling personal injury and accident cases in both federal and state courts across the Greater Wilmington area. Just a few of the many courts in which Wilmington injury lawyers typically try cases are:

If your claim is worth more than $15,000 then you will file here:

Clinton County Court of Common Pleas
Clinton County Courthouse
46 S. South Street
Wilmington, OH 45177
 (937) 382-3640

If your claim is worth less than $15,000 you will file here

Clinton County Court of Common Pleas
Clinton County Courthouse
46 S. South Street
Wilmington, OH 45177
 (937) 382-3640

Clinton County Municipal Court
Clinton County Courthouse
69 N. South Street
Wilmington, OH 45177
 (937) 382-8985

Claims against the State of Ohio may be made here:

Court of Claims of Ohio
The Ohio Judicial Center
65 South Front Street, Third Floor
Columbus, OH 43215
(800) 824-8263
 

Personal Injury Attorneys Serve Wilmington and Surrounding Cities

Serving clients throughout Southwestern Ohio, including Beavercreek, Carlisle, Centerville, Cincinnati, Columbus, Dayton, Delhi, Fairborn, Fairfield, Florence, Forest Park, Gahanna, Goshen, Hamilton, Highland Heights, Hillsboro, Huber Heights, Independence, Kettering, London, Mason, Miami Heights, Middletown, Mount Orab, New Moorefield, Norwood, Pickerington, Piqua, Reynoldsburg, Springfield, Trotwood, Upper Arlington, Urbana, Westerville, Wilmington, Xenia, and other communities in Clinton County.

If you need a Wilmington Personal Injury lawyer, CALL NOW for a free initial consultation.

Personal Injury, Wrongful Death, & Survivor Damages in Wilmington & Clinton County Ohio

Injuries caused by the negligence of someone else give you a right to recover monetary damages to compensate you for your losses. However, if you or a loved one has suffered an injury, you likely know that money alone often cannot fully compensate for personal injury losses. Be that as it may, money is the only legal remedy available in these difficult situations and you should receive monetary damages for your loss. Wilmington personal injury lawyers and Wilmington wrongful death lawyers are experienced in assessing monetary awards and know what type of a settlement or award you might be able to expect from your claim.

When determining the value of a Wilmington personal injury case, you must first consider the type and degree of loss or injury involved. The most severe loss is death, and there is a body of law dealing specifically with death. If your loved one has been involved in a tragic accident and died as a result, contact one of the Wilmington wrongful death attorneys listed above today to discuss your options.

Wilmington Wrongful Death Lawyer

When someone is killed in an accident including, but not limited to, a car accident, a truck accident, a construction accident, medical negligence a/k/a medical malpractice, a motorcycle accident, a dangerous product or defective products, or dangerous drugs and the surviving family members believe a lawsuit may be in order, a Wilmington wrongful death lawyer can help them assess the legal issues and prepare a wrongful death claim. The wrongful death attorney will also retain all types of expert witnesses for trial. In  Wilmington wrongful death cases, it is up to the representative of the estate to contact the Wilmington Wrongful Death Lawyer who will bring the claim.

The following are some of the people who commonly recover in Wilmington wrongful death actions:

1. Spouses — If the person who died (the decedent) was married, then the spouse can generally recover.
2. Children — Natural and adopted children of the decedent may also collect damages in an Ohio Wrongful Death lawsuit.
3. Parents — Parents of minor and of major (adult) natural and adopted children may also be able to recover.
4. Estate — The decedent’s Estate itself has a claim.

What Are the Types of Damages Available When Someone is Killed Through Negligence?

The discussion above centered on which relatives and close family members have status to file a wrongful death claim. This section will explain what monetary damages are recoverable under Ohio law. Wilmington area claimants are entitled to damages for:

Negligent Infliction of Emotional Distress or Intentional Infliction of Emotional Distress

In some cases, Wilmington families may be put through severe emotional trauma and anguish due to the negligence, recklessness, or intentional wrongdoing of another party. When this occurs, a Wilmington personal injury attorney can help them pursue a claim for Negligent Infliction of Emotional Distress (NIED) or Intentional Infliction of Emotional Distress (IIED). This claim may be brought in addition to other claims for monetary damages, and is often brought by the family members of an injury victim, for example, after witnessing a severe trauma inflicted upon their loved one. To recover as a bystander, a plaintiff must establish that he or she: (1) was located near the scene of the accident, as contrasted with one who was a distance away from it; (2) suffered shock as a result of direct emotional impact upon the plaintiff from a sensory and contemporaneous observance of the accident, as contrasted with learning of the accident from others after its occurrence; and (3) was closely related to the primary victim of the accident.

If you or your family members have witnessed a loved one who is a close relative being injured due to negligence or intentional wrongdoing, and are now suffering mental anguish as a result, you may be entitled to compensation. Contact a Wilmington personal injury attorney or Clinton County personal injury attorney today to discuss your legal rights and remedies.

Wilmington personal injury attorneys and Wilmington wrongful death attorneys represent clients in claims involving a wide range of injuries and accidents and have the experience and skill necessary to get the job done right. Knowledge of a potential damage award is crucial to settling or successfully prosecuting any claim for personal injury or wrongful death, and a Wilmington personal injury lawyer or wrongful death lawyer’s experience with these types of cases can help you assess your options from the get-go.

What legal actions should you take if your loved one has recently passed away?

When a family member or close friend passes on, it can be extremely difficult to think of all the mundane tasks that must be accomplished to get their estate in order, deal with bank accounts, pension funds, social security benefits, and any potential lawsuit you may want to pursue related to their death. If your loved one has been killed in a wrongful death accident, you may feel lost and need guidance on your proper course of action. Click here for a detailed list of steps you should take following the death of a family member.

After a loved one has died, the last thing on your mind should be a difficult legal battle or lawsuit. However, if the death was due to negligence, recklessness, or malicious conduct, you may feel it is your duty to take legal action. In such cases, Wilmington wrongful death attorneys can help you prepare your lawsuit by arranging crucial witnesses, documentation, and evidence to present a strong case on behalf of your deceased family member. After a death, you may also find yourself in charge of preparing funeral arrangements and feel overwhelmed by small details in the face of such a traumatic experience. The following resources for funeral homes and florists may be helpful as you and your family prepare to bid your loved one farewell.

For your convenience, and to make this difficult time go by as easily as possible, we have also provided maps so that you and your family can locate a quality Wilmington funeral home and florist near your home.

Wrongful Death Lawyers Serve Wilmington and Surrounding Cities

Serving clients throughout Southwestern Ohio, including Beavercreek, Carlisle, Centerville, Cincinnati, Columbus, Dayton, Delhi, Fairborn, Fairfield, Florence, Forest Park, Gahanna, Goshen, Hamilton, Highland Heights, Hillsboro, Huber Heights, Independence, Kettering, London, Mason, Miami Heights, Middletown, Mount Orab, New Moorefield, Norwood, Pickerington, Piqua, Reynoldsburg, Springfield, Trotwood, Upper Arlington, Urbana, Westerville, Wilmington, Xenia, and other communities in Clinton County.

A Clinton County wrongful death lawyer can help you get back on your feet after you have suffered a loss. Contact a Wilmington wrongful death attorney today to discuss your options.

Wilmington FELA Railroad Injury Attorneys & Clinton County FELA Railroad Injury Attorneys

At the dawn of the 20th century, railroad workers were experiencing an alarming rate of personal injury and death. Due to public outcry, Congress passed the Federal Employers’ Liability Act (FELA), in 1908 to protect and compensate railroad workers and their families for both personal injury and wrongful death claims resulting from railroad-related accidents. FELA is a federal statute that now protects railroad workers not only in Wilmington, Ohio, but also in railroad injury accidents across the nation.

As a general matter, FELA provides compensation to railroad workers injured on the job. Unlike general worker’s compensation claims, which are generally “no fault,” FELA establishes a fault-based system in which the injured worker must show that the employer was negligent. Thus, the injured worker must generally prove that the railroad failed to provide a safe workplace. However, there are special areas in FELA that act like strict liability – for example, where a defective object or condition at the workplace injures someone on the job. Significantly, there is no monetary cap placed on the amount of compensation granted to railroad injury victims under FELA. Wilmington railroad injury attorneys and Clinton County railroad injury attorneys represent a variety of different railroad workers in Wilmington, Ohio railroad injury claims, providing them with quality legal services and getting them the compensation they deserve.

What types of railroad injury victims can a Wilmington Railroad Injury Attorney help?

All types of railway workers come under FELA’s compensation scheme, including:

• Engineers
• Maintenance of way workers
• Brakemen
• Firemen
• Switchmen
• Welders
• Maintenance workers
• Mechanics
• Conductors
• Signalmen
• Yardmasters
• Other railroad workers

Wilmington railroad injuries occur every day, and if you or a loved one has been injured or killed while working for a railroad in any of these capacities, don’t hesitate to contact a Wilmington FELA attorney regarding your claim for legal compensation and damages.

What types of injuries does a Wilmington Railroad Injury Attorney commonly pursue?

Railroad work is inherently dangerous and has produced countless Wilmington railroad accidents and injuries over the years. Common railroad injuries include, but are not limited to:

• Hearing loss
• Back and neck injuries
• Chemical and asbestos exposure
• Exposure to toxic solvents
• Respiratory illnesses due to inhaling diesel exhaust
• Injuries due to heavy lifting
• Shoulder injuries
• Knee injuries
• Repetitive motion disorders
• Limb Amputation
• Burns
• Slip & Fall or Trip & Fall
• Electrocution
• Traumatic brain injury
• Bone fractures
• Crushing injuries
• Other injuries from heavy machinery

Wilmington FELA attorneys and other Clinton County FELA attorneys can help you pursue a claim for railroad workers’ compensation if you have been injured in any of these ways. Wilmington FELA lawyers can assist injured employees of any Wilmington area railway and, notably, can assist injured workers in a lawsuit stemming from a Wilmington Union Pacific Railroad injury or Clinton County Burlington Northern & Santa Fe (BNSF) railroad injury.

What must a Wilmington railroad worker prove to maintain a successful FELA action?

An injury victim, whether in Wilmington, OH, Clinton County, or anywhere else in the country, must meet three basic requirements to recover damages under FELA’s compensation scheme. First, the accident must have occurred in the course and scope of employment for the railroad. This does not mean that the accident must have happened on property owned by the railway, so long as the injury is sustained in the furtherance of the worker’s employment-related duties. Second, the railroad must be engaged in interstate commerce between at least two states. This requirement is broadly interpreted and is almost always satisfied. Third, the railway must have caused or contributed to the injuries sustained. As noted above, this requirement generally looks for some sort of negligence on the railroad company’s part. Wilmington railroad workers involved in accidents are entitled to monetary damages under FELA, and a Ohio railroad injury attorney will work hard to pursue the maximum compensation possible. Call a Wilmington FELA lawyer today for help pursuing your claim.

What types of damages are recoverable under FELA’s compensation scheme?

In a FELA case, Wilmington railroad injury victims can hope to recover the following:

1. Past and future medical expenses (including hospitalization expenses)
2. Past and future lost wages
3. Past and future pain and mental suffering
4. Past and future disability

Keep in mind that recovery under FELA is granted instead of recovery under state workers’ compensation statutes, and no double recovery is permitted. FELA allows monetary payouts for pain and suffering, decided by juries based on comparative negligence rather than according to a pre-determined benefits schedule, such as that used in ordinary workers’ compensation cases. For more information on personal injury damages generally, visit our Damages page. A Wilmington FELA attorney will be able to explain what types of compensation you may be entitled to and get you the maximum recovery possible.

How long do you have to file a claim under FELA?  What is the applicable Statute of Limitations for Ohio railroad injuries?

FELA places a time limitation on the filling of claims that dates three (3) years from the date of the accident/injury. Like all federal laws, FELA’s statute of limitations applies to Wilmington, OH railroad accident cases just as it does to all railroad injury cases across the nation. This means that if you are a Clinton County railway accident victim, you must file your claim within three years from the time you were injured.

It should also be noted that when a Wilmington railroad injury is caused by repetitive stress or is an occupational injury that occurred over a period of time, the limitations period begins to run when the worker knew, or reasonably should have known, that he or she was suffering from an injury related to their work for the railroad. To preserve your legal rights, you should contact a Wilmington railroad injury attorney well before this three-year period has expired.

Are Wilmington and Clinton County, Ohio, railroad workers eligible for any other type of compensation?

Although railroad workers injured in a Wilmington railway accident can recover for job-related injuries under FELA, they may also be entitled to other disability benefits in some cases when they are disabled on the job or as the result of a non-work related disability. Contact one of the experienced Wilmington railroad injury attorneys on this page for an explanation of the compensation you may be entitled to under both FELA and other disability benefits laws.

One way you might be entitled to additional compensation is through the United States Railroad Retirement Board (RRB), which is a co-equal agency to the Social Security Administration (SSA), and is headquartered in Chicago, Illinois at 844 N. Rush Street, Chicago, Illinois 60611. Some of the RRB’s functions include administering retirement, survivor, and disability claims for railway workers and their families (including spouses and minor beneficiaries). A Wilmington or Clinton County railroad employee is eligible for these benefits if he or she has enough “time-in,” which means 120 or more months of service for the railroad. In some cases, an employee with 60 or more months of service may file a claim with the RRB; however, any employee with less than 60 months must file with the SSA. As with SSA disability benefits, it is important to have a well-qualified and experienced Wilmington injury attorney to manage and guide your claim through the bureaucratic process.

For more information regarding railroad disability benefits through the RRB, consult the U.S Railroad Retirement Board’s website.

What are important steps Wilmington railway injury victims should take after being injured while working for a railroad?

1. Report the injury to your employer by completing an injury report.
    
2. List all relevant details in the report, including any condition or other factor that could have contributed to the injury in any way. This is particularly important because FELA, unlike other worker’s compensation claims, is fault-based and requires a finding that the railroad was negligent in some way. If you don’t include all contributing causes when you fill out the accident or injury report, it may later be used as evidence against you.
    
3. Discuss your injury with your co-workers and ask them to be a witness for you at trial, if necessary. Also, ask them to record their observations as soon as possible after the accident occurs.
    
4. See a doctor. You are not required to see a company doctor and may see your own doctor to get an independent and unbiased assessment of your injuries.
    
5. Keep accurate records of lost wages, expenses, travel costs, and other financial costs related to the injury. Where possible, keep copies of all receipts.  
    
6. Maintain logs of your discomfort and physical symptoms resulting from the injury and make sure to inform your doctor of these symptoms.  
    
7. Contact one of the experienced Wilmington railroad injury attorneys listed above for a free initial consultation regarding your claim.

Personal Injury Attorneys Serve Wilmington and Surrounding Cities

Serving clients throughout Southwestern Ohio, including Beavercreek, Carlisle, Centerville, Cincinnati, Columbus, Dayton, Delhi, Fairborn, Fairfield, Florence, Forest Park, Gahanna, Goshen, Hamilton, Highland Heights, Hillsboro, Huber Heights, Independence, Kettering, London, Mason, Miami Heights, Middletown, Mount Orab, New Moorefield, Norwood, Pickerington, Piqua, Reynoldsburg, Springfield, Trotwood, Upper Arlington, Urbana, Westerville, Wilmington, Xenia, and other communities in Clinton County.

Contact one of the qualified Clinton County FELA railroad injury lawyers above for a no-strings-attached, FREE INITIAL CONSULTATION regarding your personal injury claim.