What sets The Durst Law Firm apart from other personal injury lawyers?
We go the extra mile.
At The Durst Law Firm, we ensure that our clients receive as much compensation as possible. We go the extra mile to identify all possible defendants (for instance, if our client was injured by a drunk driver, we investigate to see if the driver was over-served at a bar that can also be sued in what is called a “dram shop” lawsuit) and locate all applicable insurance coverage (sometimes you can go after your own insurance company for additional compensation, for example).
We do not advertise on billboards and we do not work on volume – we take serious injury cases only and devote the time and resources to them that they require (and, of course, we promptly return phone calls and keep our clients apprised at every stage). If it is in our client’s interest, we will go to trial. We help our clients through every stage of the case, striving to be incredibly thorough and leave them with no doubt that we have done everything possible for them.
“The Absolute Best”
I hired Alex Durst to represent me in a truck accident case that was very serious and traumatic. The truck company fought the case hard and tried to blame ME for the accident. Durst was not going to let that happen.
In the end, I got a GREAT settlement. It’s a huge relief…
Personal injury case where landlord negligence led to a woman and child being forced to jump from 3rd floor apartment building during a fire.
The client ultimately recovered successfully.
“Aggressive and tough. Proven winner.”
Alex proved to be a very tough lawyer – he didn’t take the easy, quick money, but rather took the time and went through the necessary steps to really set the case up right.
Personal injury settlement for mother and son who were injured in a head-on car accident.
Once you hire us to represent you, you can expect that we will:
Jump into action immediately, even in the middle of the night if necessary
Meet you at your home or in the hospital
Visit the scene of the accident with a qualified investigator
Act fast to preserve the vehicles involved
Take steps to prevent the trucking company from destroying crucial evidence
Conduct a robust investigation
Hire the necessary experts
Handle all communications with the insurance companies involved
Address the medical bills you receive in the mail
Make sure your case is set up so you receive the max compensation available under the law
How Personal Injury Law Works
The vast majority of personal injury cases are based on the concept of “negligence.” In order to win a personal injury case, the person injured (the “plaintiff”) must prove four “elements” to establish that the person allegedly at fault (the “defendant”) acted negligently:
- Duty – The defendant owed a legal duty to the plaintiff under the circumstances;
- Breach of Duty – The defendant breached that legal duty by acting or failing to act in a certain way;
- Causation – The defendant’s actions (or inaction) caused the plaintiff’s injury; and
- Damages – The plaintiff was harmed or injured as a result of the defendant’s actions.
Once these elements are proven, the defendant (or its insurance company) must compensate the plaintiff for his or her damages. In personal injury cases such as rear-end car accidents, the first three elements are usually not seriously at issue, since it is obvious who was at fault for the accident. Usually, the dispute in these cases has to do with how much money the injured party should be awarded.
Damages Available in Personal Injury Cases
Under Ohio law, compensation can be awarded for economic damages, non-economic damages, and punitive damages in personal injury lawsuits.
Economic damages include payment of medical bills and expenses, as well as any wages lost as a result of the victim’s injuries. Often, a person who suffers a serious injury is unable to work for a time and may be even be left with permanent issues that prevent or reduce their ability to earn wages for years to come. In such situations, the victim can seek compensation both for actual lost wages and estimated future lost wages.
In the tragic event of a victim’s death, a “wrongful death” claim can be brought to help the surviving family members recover the financial support they would have received had their loved one not been killed.
Pursuant to Section 2315.18 of the Ohio Revised Code, non-economic damages can be awarded for “pain and suffering, loss of society, consortium, companionship, care, assistance, attention, protection, advice, guidance, counsel, instruction, training, or education, disfigurement, mental anguish, and any other intangible loss.”
There are a lot of challenges when it comes to proving non-economic damages, which are obviously less straightforward than economic damages, but a good Cincinnati personal injury attorney knows how to maximize your recovery.
Punitive damages may be awarded if the defendant’s behavior is found to be especially harmful or malicious – for instance, a drunk driver who runs a red light and seriously injures a passenger in another car.
The purpose of punitive damages is not to compensate the plaintiff, but rather to punish the defendant for his actions and to deter others from committing a similar offense.
Injured? You need a lawyer. You need Durst.
If you’ve been injured, your case deserves a tenacious lawyer like The Durst Law Firm.
Call us today!
Frequently Asked Questions About Ohio Personal Injury Law
If you are considering hiring a personal injury attorney, you may find the following Q&A helpful.