Frequently Asked Questions

All cases are different, so there is no clear-cut answer to this question. A qualified wrongful death attorney can provide the necessary guidance as you pursue your claim.

If you have questions about wrongful death claims or believe you may be entitled to compensation after the loss of a loved one, contact the personal injury attorneys at O’Connor, Acciani & Levy. We offer free legal evaluations to determine your options.

In civil lawsuits, such as a wrongful death claim, the plaintiff asks the court to order compensation to be paid by the responsible party to the plaintiff. In wrongful death cases, there can be many types of damages awarded, including lost wages, lost financial support for dependents and spouses, pain and suffering, and loss of companionship or consortium for spouses.

While both involve the death of someone due to another’s actions, wrongful death and murder are two very different matters. Wrongful death is a civil claim, and murder is a criminal offense. A wrongful death claim is separate from a murder case, even if the responsible party was found to be criminally liable.

Prosecutors may or may not file criminal charges against a responsible party in the event of a death. Even if they don’t, family members can still file a wrongful death lawsuit. Wrongful death lawsuits allow families to seek monetary damages from the responsible party, rather than seek criminal penalties.

A wrongful death claim is a lawsuit filed by family members of the deceased. Wrongful death refers to someones death which has resulted from someone else’s wrongdoing, intentional acts, or negligence. A spouse, sibling, parent, child, or other family member of the deceased may file this type of lawsuit.

This is determined by the statute of limitations for your claim. The statute of limitations sets a legal time frame for filing a lawsuit. Once the time frame passes, you are no longer allowed to file a claim over your injury.

There are various statutes of limitations for Ohio personal injury claims. The statute for most personal injury claims is two years from the date when negligence occurred. There are different statutes for medical malpractice, products liability, premises liability and wrongful death claims.

In most cases, you will not have to go to trial because your attorney will be able to negotiate a settlement.

However, some cases become quite contentious and it is not possible to recover fair compensation in negotiations. In these situations, a trial is the only option for recovering the compensation you deserve.

The thought of a trial causes a lot of stress and anxiety for personal injury victims. However, the attorneys at our firm can manage every aspect and advise you on what to do.

It depends on a few factors:

The length of treatment – Usually, an attorney will not begin negotiating a settlement until your treatment is complete. This way the attorney knows how much your medical bills will cost. Starting negotiations too soon could deprive you of some of the compensation you deserve. The type of claim – Some claims take longer to resolve than others. For example, car accident cases are usually resolved more quickly than medical malpractice claims. Some car accident claims could last a few months, while medical malpractice claims could last a year or more. Whether your case settles or goes to trial – Cases that go to trial take longer to resolve than cases that are settled out of court.

There are some cases where the defendant in a personal injury claim is 100 percent at fault. However, there are a lot of cases where the victim and the defendant are both at fault.

Ohio’s contributory fault law addresses this situation (Ohio Revised Code 2315.33). It states that injury victims are prohibited from recovering compensation if they are more than 50 percent at fault.

If the victim’s percentage of fault is below 50 percent, he or she can recover compensation, but it will be reduced by his or her percentage of fault. This means that a $50,000 compensation award would become $40,000 if you are 20 percent at fault for your injuries.

One of the most significant factors in the value of your claim is the cost of damages, including:

MEDICAL EXPENSES

You may be able to recover compensation for any damages related to the treatment of your personal injury, including past, present and future costs, such as:

Surgeries Prescription medications Hospital bills
Cost of testing, like x-rays Appointments with specialists Transportation in an ambulance
LOST WAGES
If you miss work because you were receiving treatment or were physically unable to perform your job, you may be able to recover compensation for the wages you lost.

LOST EARNING POTENTIAL
You may also be able to recover compensation to mitigate the lost earning potential caused by your injury. This applies in situations where your injury prevents you from working or from performing aspects of your job.

The amount of compensation is determined by the difference between current earning potential and what your earning potential would have been if the injury had not occurred.

PAIN AND SUFFERING

In some cases, the emotional suffering and physical pain from a personal injury is just as severe as the financial toll. That is why the law allows injury victims to recover compensation for damages like pain and suffering.

If you suffered an injury because of another party’s negligence, you may have grounds for a personal injury lawsuit. This requires proving the four elements of negligence, which include:

DUTY OF CARE

This refers to the duty to exercise the same level of care that a reasonable person would if he or she were in a similar situation. For instance, doctors have a duty to provide the same level of care that a similarly trained medical professional would provide if he or she were in a similar situation.

BREACH OF DUTY OF CARE

Once you establish the duty of care for the situation, you need to prove that the defendant did not uphold this obligation.

CAUSATION

This means there must be a link between the breach of duty of care and your injuries. In other words, you must show that your injury was directly caused by the breach of duty of care.

DAMAGES

The reason people file personal injury claims is that they suffered damages. This could include medical expenses, lost wages, lost earning potential, and pain and suffering

Our personal injury attorneys know how to conduct a thorough investigation to compile the evidence you need to have a chance to prove the four elements of negligence.

You are free to file a personal injury claim on your own, without the help of an attorney. However, there are several benefits to hiring a personal injury attorney:

PERSONAL INJURY LAWYERS UNDERSTAND THE LEGAL PROCESS

An experienced attorney has been through the legal process numerous times. This means that he or she will know what to expect and what it takes to be successful.

A reputable attorney will know what documents to file, what evidence to seek and what it takes to build a strong case.

ATTORNEYS ARE MOTIVATED TO OBTAIN MAXIMUM COMPENSATION

Our number one goal in every personal injury case is to do what is in your best interest. That is why we are committed to fighting for all of the compensation you deserve to help you recover from the damages you have suffered. The purpose of compensation is to help return you to the position you were in prior to your injury.

Most personal injury attorneys work on contingency, meaning clients are not charged legal fees unless they receive compensation. This creates extra motivation for attorneys to fight hard for the highest amount of compensation.

The attorneys at O’Connor, Acciani & Levy are prepared to manage every aspect of your claim so you can focus on your recovery.

The cost of hiring an attorney can be worrisome to most people, especially if you are filling a claim for a medical error.

However, at O’Connor, Acciani and Levy, our medical malpractice attorneys work only on a contingency fee basis. This means you will not be charged upfront to retain our qualified and skilled legal services, and you only have to pay us if you are compensated for your claim.

If we are able to help you recover compensation, we will only charge you a percentage of your recovery for the assistance and guidance we provided.

If you believe you have a valid medical malpractice claim, you should consult with an attorney as soon as possible. When hiring an attorney, consider his or her knowledge and experience handling medical malpractice claims.

At O’Connor, Acciani and Levy, our attorneys will help you by establishing the medical standard of care that should have been applied when the at-fault party provided you treatment. We will then build a case that effectively demonstrates how the at-fault party failed to meet this standard and the resulting harm it caused it you.

Our attorneys will gather substantial evidence to support your case, including your past and present medical reports to compare your health before and after receiving substandard treatment. We will also interview medical experts who can provide key evidence through detailed testimony, while walking the jury through your condition, the appropriate course of treatment or diagnosis method you should have received, and what the at-fault doctor did, or should not have done, at each stage of care.

Ohio has a one-year statute of limitations for a patient to file a medical malpractice claim against a negligent health care provider or medical facility.

The deadline to file a claim begins on the date the patient first suffered his or her injury, or when he or she should have known through reasonable care that he or she had been injured.

However, regardless of when you discovered your injury, you must file a claim within four years of receiving negligent medical treatment.

If you fail to meet these deadlines, your claim will likely be denied and you cannot pursue compensation from the at-fault party.

In Ohio, victims of medical negligence can pursue two types of compensation for a medical malpractice claim: economic and non-economic damages.

Economic damages provide compensation for a patient’s financial losses after the act of malpractice. In Ohio, there is no cap limiting the amount of economic damages you are allowed to receive, including:

Past and future medical expenses
Lost wages
Loss of earning capacity
Long-term or short-term care
Medical assistance equipment

Additionally, certain victims of medical malpractice may be entitled to non-economic damages. Non-economic damages include compensation for:

Pain and suffering
Disability or disfigurement
Loss of enjoyment of life
Loss of consortium
Losses related to one’s reputation

Unlike economic damages, Ohio limits the amount of non-economic damages you can recover through a medical malpractice lawsuit.

A patient cannot receive more than either $250,000 or three times the patient’s economic losses, whichever amount is greater. Furthermore, the non-economic damages awarded for a medical malpractice lawsuit in Ohio shall not exceed a maximum of $350,000 for each patient or $500,000 for each occurrence.

However, the amount of non-economic damages that can be awarded may be extended to $500,000 for each patient or $1 million for each occurrence if the patient suffers a significant injury, such as:

Permanent and substantial physical deformity
Loss of a use of limb
Loss of bodily organ system

Medical malpractice can occur at every level in all fields of medicine. This means that any medical practitioner who played a role in your health care or treatment can potentially be held liable for medical negligence, including:

Doctors
Surgeons
Nurses
Pharmacists
Anesthesiologists
Hospitals
Radiologists

Our attorneys will thoroughly review your claim to determine when the act of malpractice occurred and which party can be held liable for your resulting damages.

Medical malpractice encompasses a large variety of cases concerning professional negligence by medical practitioners or health care facilities. Our attorneys regularly see medical malpractice claims regarding:

Misdiagnosis: The patient’s condition is incorrectly diagnosed.

Delayed diagnosis: The patient’s condition is diagnosed too late and is not provided the proper treated needed to heal his or her condition.

Childbirth injuries: A member of the medical staff makes a mistake delivering a newborn child and causes the child to suffer an injury or birth defect.

Medication errors: The treating physician prescribes the wrong type or dosage of medication.

Anesthesia errors: The anesthesiologist supplies the patient with an incorrect dose of anesthesia. This can result in serious life-long impairment or death.

Surgery errors: The surgeon makes an error, such as operating on the wrong body part or leaving a surgical tool inside the patient.

To receive compensation from the at-fault medical professional, you must be able to show that the following elements were present in your claim:

A doctor-patient relationship existed: The medical practitioner involved in your claim must have agreed to provide you treatment. This creates a doctor-patient relationship where the practitioner owed you a duty of care to diagnose or provide you quality treatment.

The doctor was negligent: The medical practitioner breached his or her duty when diagnosing or treating your condition. This occurs when the doctor fails to adhere to the standards held by the medical community.

The doctor’s negligence caused the injury: The medical practitioner’s actions, or inaction, worsened your condition or caused you to suffer harm. You must be able to prove your injury or worsened condition was directly caused by the doctor’s negligent care and was not caused by your actions or something else.

The injury led to damages: The medical practitioner’s substandard care must have harmed the patient or caused him or her to suffer financial losses. This can include physical pain, mental anguish, additional medical bills, and loss of wages or ability to earn an income.

Medical malpractice occurs when a doctor, hospital or other medical practitioner causes injury to a patient, either through an act of negligence or omission.

If a medical practitioner fails to act in accordance with the medical community’s standards of practice in the diagnosis and treatment of a patient, he or she may be responsible for all resulting damages.

There are certain circumstances under which a discharge can be revoked. In a Chapter 13 case, a discharge can be revoked if it was obtained through fraud. In a Chapter 7 filing, the discharge can be revoked under any one of these conditions:

The discharge was obtained fraudulently.

The debtor failed to disclose that he or she acquired or became entitled to property that would belong to the bankruptcy estate.

The debtor failed to explain misstatements that were discovered in an audit of the case.

The debtor failed to provide documents or information requested in an audit of the case.

Discharge can also be revoked if the debtor committed any of the acts of impropriety listed in section 727(a)(6) of the Bankruptcy Code, including:

Failing to obey a lawful order of the court, except for an order to testify or respond to a material question

Choosing not to testify or respond to a material question approved by the court by citing your right not to testify against yourself, even though you were already granted immunity by the court

Choosing not to testify or respond to a material question approved by the court for reasons other than your right not to testify against yourself.

Discharging debt via bankruptcy does not affect the amount of time a bankruptcy will be listed on your credit report.

If you file Chapter 13 bankruptcy, it will be listed on your credit reports seven years from the date of filing. If you file Chapter 7, the bankruptcy will be listed on your credit report 10 years from the date of filing.

The court can deny a Chapter 13 or Chapter 7 discharge if the debtor fails to complete the financial management course required by the court.

In a Chapter 13 case, a discharge can also be denied if:

The debtor fails to pay domestic support obligations that were due prior to the completion of the repayment plan

The debtor received a discharge for a previous case within a certain period of time (two years for a previous Chapter 13 case and four years for a previous Chapter 7 case)

In a Chapter 7 filing, debts are usually discharged about four months after the date you file your bankruptcy petition.

However, in a Chapter 13 case, debts are not discharged until your payment plan is completed, which is anywhere from three to five years after your filing.

You cannot discharge a student loan in Chapter 7 or Chapter 13 bankruptcy unless you prove to the court that repaying the loan would be an undue hardship.

Some courts use a three-pronged test to determine if paying the loan would be an undue hardship. If your situation meets these three criteria, your student loan debt could be discharged:

You will be unable to maintain a minimal standard of living for yourself and your dependents if you are forced to pay your loans. This determination is based on your current income and expenses.

Your current situation is likely to continue for a significant portion of the repayment period. Y

ou have made a good faith effort to repay your loans.

Other courts consider these and other factors when determining if paying your student loans represents an undue hardship.

The following types of debt are non-dischargeable in a Chapter 13 bankruptcy filing:

Property taxes that were due in the past three years
Business taxes
Some fines, penalties and restitution for criminal activity
Willful or malicious actions that cause personal injury or death
Alimony and child support
Debts you did not include on your bankruptcy filing
Debt created due to personal injury or death caused by your drunk driving
Student loans, unless paying it would pose an undue hardship
Debts incurred through your own fraud
Debts from recent purchases of luxury items
Mortgages

In a Chapter 13 bankruptcy, you agree to a repayment plan to pay back all or most of your debt. Once you finish carrying out the terms of your repayment plan, you can discharge many of the same types of unsecured debt as you can in a Chapter 7 case, including:

Medical debt
Credit cards
Personal loans
Obligations from leases
including past-due rent
Most judgments from lawsuits

However, a Chapter 13 filing also allows you to discharge certain debts that are non-dischargeable in a Chapter 7 filing, such as:

Debts incurred due to willful or malicious damage to property
Debt from a property settlement agreement in divorce or separation proceedings
Outstanding debts from a previous bankruptcy that the court did not allow you to discharge
Loans from retirement accounts
Debt taken on to pay tax obligations that are non-dischargeable
Homeowners association fees that were due after your filing date

Courts are prohibited from discharging certain debts under U.S. Code Title 11 § 523, such as:

Any tax debts
Debts you did not list on your bankruptcy
Loans from retirement plans
Debts you incurred due to fraud
Fines and penalties for violations of the law, such as traffic tickets or criminal restitution
Student loans, unless the court determines it would be an undue hardship to pay them
Settlements for personal injury or death caused by driving while drunk
Overdue payments for alimony or child support
Debts you incurred due to embezzlement, larceny or breach of trust
Loans or cash advances of at least $1,150 taken out within 60 days of filing
Credit purchases of $1,150 or more for luxury items within 60 days of your filing
Homeowners association fees charged after you filed bankruptcy

In a Chapter 7 bankruptcy, the trustee sells nonexempt assets listed in your filing and uses the proceeds to pay off your creditors. You can discharge many of your remaining debts, including:

Credit card accounts
Utility bills
Personal loans from friends, family and employers
Medical bills
Attorney fees, excluding fees from child support or alimony cases
Past due rent
Bounced checks
Collection agency accounts
Social Security overpayments
Veterans assistance loans
Car accident claims, unless the claim involved drunk driving
Business debt
Any other debt that has not been declared non-dischargeable under federal or state law or by a bankruptcy judge

The victim of nursing home abuse may seek to recover compensation from the nursing facility for:

Medical bills
Emotional trauma
Pain and suffering
Punitive damages

Some of the factors that will be considered when evaluating your loved one’s harm and injuries include:

How severe the injury is
Where the injury happened
Who was at fault for the abuse or neglect
Whether the at-fault party had proper training
Whether the injury made a current health condition worse

The knowledgeable lawyers at O’Connor, Acciani & Levy can hire medical experts to evaluate your loved one’s medical condition. We also have financial experts who can evaluate your loved one’s losses to determine an accurate monetary value. This way, we can prove the compensation that is owed to your loved one for what he or she has suffered at the hands of the nursing home staff.

Many federal and state laws govern nursing homes, but administering those laws and holding nursing homes accountable for poor care must be done through the state courts. That is why a successful law firm like ours can help. We know how to:

Discover exactly who caused the abuse or neglect
Evaluate the harm caused by the facility
Hire medical professionals who will fully evaluate your loved one’s injuries
Pursue a case against the nursing home for fair compensation for your loved one

Nursing home abuse and neglect break several federal and state laws, including Ohio Code Sections 3721.10 – 3721.18 and the Code of Federal Regulations, Title 42 (Public Health), Sections 483.13 and 483.15.

However, nursing homes have lawyers who are ready to defend the best interests of the facility. You too should have lawyers who will do everything possible for your loved one. Our law firm will fight for your loved one’s right to maximum compensation and will not settle for less than what your loved one is owed.

Our legal team has experience handling cases like yours, and we know how to deal with the nursing home and proceed with your case on your loved one’s behalf.

If you suspect nursing home abuse, you should immediately report it. There are several resources for filing a complaint of nursing home abuse or neglect in Ohio, including the following:

The Ohio Department of Health Bureau of Long Term Care has a Complaint Department where anyone can file a complaint about a nursing facility. This department offers an online Complaint Form as well as live phone assistance during normal working hours at (800) 342-0553.

The Ohio Department of Job and Family Services has a special Adult Protective Services division which investigates reports of abuse, neglect or exploitation of adults over the age of 60. Reports should be made via your county.

The Ohio Attorney General’s office also has a platform for you to file a complaint of nursing home abuse or neglect.

In addition to filing a complaint, you may wish to discuss with your loved one whether to move to a different nursing facility that may provide better treatment.

Next, contact the law offices of O’Connor, Acciani & Levy for a free consultation. We will listen to your claim and determine whether you have a valid case of abuse or neglect. If so, we can handle all the details for you while you help your loved one decide how to move forward.

A resident is being neglected if the nursing home’s staff is not making sure the resident is receiving the appropriate:

Medications
Food
Liquids
Exercise and movement
Attention and respect
Access to his or her own belongings
Information he or she should have
Clean bedding
Sanitary living area

Signs and symptoms that may indicate a resident is being neglected include:

Bedsores
Rapid weight gain or loss
Low energy
Unexplained bruises
Hair loss
Wounds not healing
Yellowing of the skin
Dry mouth
Flushed or dry skin
Teeth problems

Every nursing facility is legally bound to serve every resident with his or her basic needs every day. Neglecting to provide the resident with his or her essential needs can negatively impact the resident’s health and well-being.

Contact our team today if you believe your loved one is experiencing nursing home neglect or abuse, and an experienced attorney will review your case with you. We offer a free consultation, and we do not charge any fees unless we are able to help your loved one obtain compensation for what he or she has suffered.

Nursing home abuse or elder abuse occurs when nursing home staff members:

Physically harm the resident
Verbally abuse the resident
Treat a resident like a baby or show disrespect
Ignore the resident or give him or her the silent treatment
Force any type of sexual advances upon a resident, including intimate touching, nudity or sexually explicit photos
Use or steal a resident’s property or financial information

Nursing home residents may be quiet and not openly communicate their suffering to others. That is why it is so important to visit your loved one on a regular basis and:

Talk to the resident
Pay attention to anything that seems different or wrong
Look for bruises and bedsores
Ask whether everyone on the staff is being kind
Ask whether anything is missing or needs to be checked
Notice whether he or she is giving you normal eye contact or is avoiding eye contact

If you suspect that there may be a problem with how the facility is treating your loved one, it is in your best interest to call a law firm whose attorneys have years of experience handling nursing home abuse cases. Our skilled legal team is ready to evaluate your case and fight for your loved one’s right to compensation.

A knowledgeable attorney can guide you through the legal process in seeking punitive damages for your defective product, including:

Determining what party was at fault for the defect
Determining how long the at-fault party allowed the problem to continue without fixing or recalling the defective item
Calculating the costs incurred by the injury or damage
Filing a lawsuit if necessary

Your lawyer will also take care of all communications regarding the case, including communicating with the at-fault parties and their lawyers.

If you are pursuing compensation for injuries and harm caused by a defective item, you can talk about the issue to your lawyer, your family and your friends. However, there are several parties you should decline speaking to, because they may try to talk you into a settlement that is less than what you are entitled to for what you have suffered.

Those parties include:

Attorneys for the manufacturer
Attorneys for the party that sold you the defective product
Attorneys for any party involved in the distribution or logistics of the product
Family members of those who may be liable

If you have already reported the defect to the manufacturer or the seller, that was the right thing to do. However, the seller or manufacturer will try to avoid or lessen its liability for your injuries, so it is best to let your personal injury attorney take care of all future communications on your behalf.

Start by contacting an experienced attorney who has successfully pursued product liability cases. Your product liability lawyer will guide you through every step, including:

Investigating how the defect or error occurred
Determining what party is at fault for the defect or error
Reviewing your medical records documenting your injuries caused by the defective item

Your lawyer will then contact the at-fault party to let it know that there is a claim against it for product liability damages. Your attorney will take care of everything from there, and he or she will contact you if you are ever required to provide additional information or testimony about how your injuries happened.

In Ohio, the amount of punitive damages you can recover in a product liability case is calculated based on several factors, including:

Likelihood that the product defect would cause harm
How aware the at-fault party was of the problem or defect
How long the error or defect continued to exist without being addressed or fixed
How much profit the at-fault party made or would make due to the error or defect
What the at-fault party did, or did not do, when they discovered the problem
Whether the error was resolved or attempted to be resolved
Whether the at-fault party tried to conceal the error or defect
The at-fault party’s financial condition

According to Ohio code ORC 2315.21, there are limits to punitive damages that may be awarded, including:

If the at-fault party is a small business or an individual, the award cannot exceed twice the amount of the compensatory damages, or 10 percent of the business’ or individual’s net worth at the time the negligence occurred – whichever amount is less. However, the amount of punitive damages cannot exceed $350,000.

If the at-fault party is a large company, the award cannot be more than twice the amount of compensatory damages.

Your attorney will investigate these issues to determine how much the at-fault party knew about the defect and how long they waited before taking action to correct the error. Your attorney will carefully review these issues to determine the value of punitive damages.

An injured person may seek punitive damages for a product liability claim if the product caused injury due to a:

Design flaw
Manufacturing flaw
Packaging problem that can cause or lead to injury
Lack of warnings on the product
Problem during distribution that creates a harmful flaw

The state of Ohio has strict laws about punitive damages, as outlined in Ohio Revised Code (ORC) 2315.21.
In our state, personal injury cases that are caused by a defective product usually go through two steps:

You or your attorney presents evidence proving your right to compensatory damages.

If the jury or court rules in your favor, you or your attorney will then present evidence proving your right to punitive damages.

Although punitive damages are designed to punish the party responsible for causing the product hazard, Ohio requires the defendant to prove why he or she deserves to receive punitive damages. In order to recover a punitive damages award, you must be able to prove that both of these factors are true of your situation:

The at-fault party participated in or authorized activities that were malicious or egregious. In other words, the defect or hazard occurred due to egregious carelessness or was done intentionally.

The court or jury ruled that you deserve punitive damages in addition to compensatory damages.

Your Cincinnati punitive damages lawyer can explain all of the details and requirements to you, and he or she can guide you through the legal process. Contact us today so we can discuss your legal options.

The word “damages” refers to payments made to a person who suffered loss or injury due to another’s actions. “Punitive” refers to something that punishes a wrongdoer for committing harm. Therefore, punitive damages are monies that must be paid to the person who was harmed by the party that committed the harm or injury.

This financial punishment of punitive damages (also called exemplary damages) is designed to motivate the at-fault party not to continue producing or distributing the harmful product, or to fix the problem so it does not cause harm anymore.

When someone has been awarded punitive damages, it means a court has ordered the at-fault party to pay the awarded amount to the person who was injured.

Punitive damages are separate from compensatory damages. Compensatory damages are awarded to the injured party to help compensate for his or her harm and losses that were caused by the defective product. Punitive damages are meant to punish the at-fault party for its actions.

You should always continue your medical treatment while you are waiting for a decision on your claim. Your treatment creates medical records that will be helpful in documenting your condition if you need to appeal a denied claim.

The Social Security Disability lawyers at O’Connor, Acciani & Levy can review your medical records to determine the ones that could help strengthen your case for disability compensation.

Once you are approved for Social Security Disability benefits, there is a 24-month waiting period for Medicare eligibility. During those 24 months, you may be able to obtain health insurance from a former employer.

If you are under the age of 65, you will be entitled to Medicaid coverage. Your dependents, including minor children, may also be eligible for Medicaid.

The maximum amount of monthly benefits you can receive in 2017 is $2,687. However, the average amount an individual obtains is $1,171 per month, with most applicants receiving somewhere between $700 and $1,700 per month. The amount you receive depends on the severity of your illness and the specifics of your case.

Most Social Security applicants will receive a decision on their initial application or appeal within a few weeks. Some applicants end up waiting a month or more for a decision. If you have to appeal to an administrative law judge it could take six months or more, depending on the number of cases pending in your region of the country.

Many people get discouraged when they file a claim for the first time and it is denied. However, the truth is that many claims are denied at first, even ones that seem perfectly legitimate.

Fortunately, the SSA gives you 60 days from receiving a denial to file an appeal. Our attorneys can help you file a request for reconsideration. We will review your denial letter to help determine what additional information and evidence to provide to hopefully get your application approved.

If this first appeal is unsuccessful, we can take you through the next step in the appeals process. We are prepared to continue appealing and possibly file a federal lawsuit to obtain the compensation you deserve.

You are not required to work with an attorney when applying for Social Security Disability. However, the process is complicated and time-consuming. You will need to gather many pieces of documentation, including your medical records, employment history and bank statements documenting your monthly income.

It can be tough to gather all of this information on your own, particularly when you may be working part-time or are struggling with physical limitations caused by your disability. If you miss a crucial piece of information, your application could be denied.

However, having an experienced attorney at your side can help ensure you have all of the documentation you need. A lawyer will know how to build a strong case for why you deserve benefits.

Many people file their applications online on the SSA website. You can also travel to your local Social Security office and apply in person. This website allows you to find the closest office by your zip code.

Another option is to call 1-800-722-1213. The number for the deaf and hard of hearing is 1-800-325-0778.

Many people think they qualify for disability compensation simply because they have a chronic medical condition. However, the Social Security Administration (SSA) has specific eligibility criteria:

You cannot perform the job you used to – You will need to provide evidence of how your disability hurts your ability to perform basic work-related activities that you used to be able to perform. Unless your health problem is on the SSA’s list of conditions that automatically qualify for benefits, it will be evaluated on a case-by-case basis.

You are unable to do another type of job – You also need to show that your condition and your education, experience and skills leave you unable to perform another type of work.

Your monthly income does not exceed the limit – You can work and receive Social Security Disability. The SSA will deny your claim if your monthly income is more than $1,170 in 2017.

Your condition is projected to last one year or cause death – You must have a long-term disability to obtain benefits.

You have enough work credits – You accumulate work credits throughout your career. In 2017, you must earn $1,300 in wages or self-employment income to get one work credit. The number of work credits you must earn to qualify for disability benefits is based on your age.

Social Security Disability is a federal government program that provides financial assistance to people who have disabilities or medical conditions that meet certain criteria.