FAQs

General

My injury did not happen recently, can I still have a valid claim?

Maybe. There are time frames in which you have to file your claim, called statute of limitations. Generally, for personal injury and wrongful death you have two years from the date of injury or death to file. Contact Borgstahl & Zychowicz, Ltd. to determine if your claim is still eligible. There have been recent changes in Michigan law regarding auto accidents. You may have been turned down by law firms who are not aware of these modifications. Call us today so we can inform you of your new rights.

I am not sure who exactly caused the harm inflicted on me, can I still recover damages?

Maybe. Our firm has the resources to retain experts, professional investigators and specialists to establish liability when it is unclear as to whom caused the injury. In most cases, the hiring costs of these experts are paid by Borgstahl & Zychowicz, Ltd. We only recover our investment and attorney fees if we fully compensate you through negotiations or a trial.

In today's economy, how can I afford to hire an attorney?

At Borgstahl & Zychowicz, Ltd., we understand the financial strain on our clients. We offer free evaluation and consultation. No fees are allocated for our representation unless we recover compensation for you.

How soon should I contact a lawyer after my accident/injury?

Immediately. Important evidence and witness testimony must be preserved in order to conduct a fully analysis and before the statute of limitations closes the door on your claim. Let us at Borgstahl & Zychowicz, Ltd. conduct the investigation and handle the insurance agents so you can receive proper medical treatment and begin the road to recovery.

Do I have to go through the lengthy process of trial to recover damages?

Maybe. We will not take a quick settlement if it falls short of covering your total damage amount. Our firm is prepared to go to trial if necessary to ensure fair compensation to our clients. While doing so, we handle the insurance adjusters, medical billing, and property damage issues so our clients can focus on getting back to normalcy.

A family member of mine was injured but passed away before a chance to file suit; are there any remedies for them?

If the death can be proved to be caused by the injury, this can become a wrongful death suit. Only certain individuals can file on a deceased's behalf for their wrongful death. We can help in this process and determine if you have a legitimate wrongful death claim of the passing of your family member.

Auto-Accidents

What should I do if I was in an auto accident?

1. Stay as calm as possible.
2. Stop immediately, but do not get in the way of traffic. Warn other cars by using hazard lights, or warning triangles/flares if available.
3. Check for injuries. Your health is more important than car damages. If in doubt, call for an ambulance.
4. Call the police, even if the accident is minor. The police report may contain valuable information regarding your potential case.
5. Secure license numbers, makes and models of all cars involved.
6. Get information of the other drivers (and witnesses, if any). Including name, address, registration, and insurance. Try to establish relationship if owner of vehicle, insurance policy holder and driver are different persons.
7. Attempt to make a rough drawing of the scene and position of vehicles.
8. If a camera is available, and conditions are safe, photographs may be extremely helpful.
9. Inform your insurance company of the accident immediately.
10. Limit conversation to the investigating police department. Do not sign or say anything to insurance agents.
11. Although gathering facts if very important, remember that ultimately investigation should be left to police officers and insurance companies.

The insurance company offered me a check right away; would there be a problem if I accept?

Yes. Insurance company's initial offer is usually an extremely low amount. This may not even be enough to cover your property damages or medical bills. Also, in regards to medical treatment, you may not even be done treating yet. If you accept an offer early, you (or your insurance company) will most likely be responsible for medical charges that occur after the acceptance.

The driver at-fault does not have insurance; do I have any options to recover damages?

Yes, there are options available to you. You can sue the at-fault party directly and make a claim for damages against your insurance policy which covers uninsured motorist cases. Contact Borgstahl & Zychowicz, Ltd. and we will help you decided on the best way to pursue your claim.

What should I do if I was just a passenger of the at-fault driver but still suffered injuries?

Give us a call. It may be more difficult when your family member or friend was at fault for accident while you were just a person along for the ride; but you still have rights. We can discuss the options and decide on the best approach of handling this type of situation.

Dog-Bites

Do I have a valid claim if I was bit on my property, by my neighbor's dog?

Absolutely, as long as your were not the "keeper" at the time or provoked the bite. Ohio has a strict liability state when it comes to dog bites. This means the owner is strictly liable for injuries caused by their pet. Call today to schedule your free consultation so we can discuss the facts of your claim.

What if the dog's owner states that he/she does not have insurance?

Insurance is not very relevant in a dog bite case. You would take the claim against the owner personally. The incident may even fall under their homeowners insurance. Unless you completely trust the other party, do not take their word as truth. Contact Borgstahl & Zychowicz, Ltd. We will help you get back on your feet and handle the rest.

Wrongful Death

What is wrongful death?

Wrongful death is a premature or accidental casualty that happens as a result of misconduct or negligence by an individual, company or entity. The right to bring the wrongful death actions lies with the decedent's immediate family members (usually surviving spouses, children or parents). This can arise out of a variety of circumstances such as an automobile accident, exposure to occupational hazardous conditions/materials, medical malpractice or even resulting from criminal behavior.

Product Liability

What are considered "products" in a product liability claim?

Basically, a "product" is any tangible object that is produced, manufactured or supplied into commerce with intents for sale or lease to individuals for personal or commercial use. This includes, but not limited to, prescription drugs, automotive parts, appliances, cookware, sports equipment and children's toys. Both manufacturers and suppliers of these products can be found liable for injuries they caused. The manufacturer can be held liable for defects in the construction, design, manufacturing, or formulation of their products. They can also be held responsible for providing insufficient instructions and warnings of use.

Premise Liability

What is premise liability?

Property owners and occupiers have the responsibility of preventing injuries to individuals on their property. Premise liability can involve many different types of injuries. Most commonly the injuries are sustained as a result of a trip or "slip and fall". This can be a result from wet floors, unsafe sidewalks or improper railings for staircases. The most difficult aspect of this claim is proving that the owner had knowledge of the condition, whether it is un-shoveled snow or a broken stair rail, which caused the injuries. If you were injured on someone else's property by an unsafe condition, please contact Borgstahl & Zychowicz, Ltd. today for a free evaluation of your claim.

Is my landlord still responsible for my safety throughout our lease agreement?

Yes. Most landlord-tenant contracts provide the landlord (and tenants) duties to each other. Ohio law clearly defines duties that are not stated in the lease agreements. Call today to schedule your free consultation to discuss your case and determine if there are justifiable actions to take.

Ohio Workers' Compensation

I was injured at work. What do I do?

If you were injured at work it is important to take the proper steps to build a viable workers' compensation claim. First of all, it is extremely important to notify your employer of the incident immediately. It is helpful to have a written incident report. More importantly than notifying your employer is to seek the appropriate medical attention. Having an attorney represent you throughout your workers' compensation claim takes the hassle out of dealing with the Bureau of Workers' Compensation, your employer, and your employer's representative. We represent injured workers throughout Ohio. Call Borgstahl & Zychowicz, Ltd. and we will get your claim moving right away!

What types of injuries does the Bureau of Workers' Compensation (BWC) cover?

The typical claim is regarding an injury that happened while working. This could be an accident or anything that occurs while on the job causing you to seek medical treatment. You are entitled to benefits, whether it was your, a co-workers, or even nobody's fault.

Injury claims can be any, but not limited to, of the following: torn ligaments, shoulder tears, severe burns, sprains and strains, loss of use of limbs, concussions, herniated discs, amputations, and even psychological illnesses.

Additionally, occupational diseases may be a possible claim. An occupational disease occurs gradually over time. This is caused by the conditions in your workplace put you at a greater risk to the illness than in the general public. This may be through exposure to chemicals, fumes, extreme noises, radiation, or constant repetitive motions.

Some examples of occupational illness include chemical poisoning, bursitis, chronic skin conditions, carpal tunnel syndrome, respiratory diseases, and cardiovascular pulmonary. This is just a few examples, not an exhaustive list.

If you believe you may have contracted an occupational disease, suffered a workplace injury, or have any questions contact Borgstahl & Zychowicz to schedule a free consultation.

Why do I need a lawyer for my Workers' Compensation claim?

An injured worker's concern is to receive various benefits such as lost wages, payment of medical bills, and other monetary awards. Employers generally are attempting to minimize those benefits in order to maintain low premiums. Because the worker's compensation system is adversarial, it is important to understand your rights and available benefits within it. Instead of relying upon the BWC or your employer's representative for guidance, you should have an attorney representing your best interest. If you think you may need assistance, or if you are unsure of what to do, contact Borgstahl & Zychowicz, Ltd. As your legal representative, our responsibility is to help you in effectively filing a claim and be your advocate through the complex Workers' Compensation system.

Can I have a Personal Injury Case in addition to a Workers' Compensation claim?

Generally, injured workers do not have the right to sue their employers. However, certain circumstances occur when an injured worker can recover additional compensation by filing a personal injury lawsuit. These are injuries that are caused by a third party (someone other than you or your employer).

Do Workers' Compensation Claims have a statute of limitations?

In Ohio, an expiration date from two to ten years exists on a workers' compensation claim depending on facts of the case and date of the injury. The statute of limitations law is complex. With our lawyers offering a free consultation, call today to determine if your claim is still eligible for filing.

Bad Faith Insurance

What is bad faith insurance?

All insurance companies owe a duty of good faith to those insured under their policies. This may include failure to provide adequate compensation after a property damage loss or defense if you are at fault for an accident. Uninsured or underinsured motorist claims may also result in bad faith actions. To speak with a knowledgeable attorney regarding your dispute with an insurance company, call Borgstahl & Zychowicz, Ltd. for your free consultation.

The settlement amount offered by the insurance company is not even enough to pay my medical bills. Does this mean bad faith?

Most people have little knowledge of their rights under the law and insurance companies take advantage of this. This results in a settlement worth a small portion of what you, the policyholder, should be entitled to. To ensure you receive fair treatment from your insurance company, contact Borgstahl & Zychowicz, Ltd. for an experienced attorney to assist you.

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