WHAT CONSTITUTES A PERSONAL INJURY CLAIM?
A personal injury claim results from physical or mental injury to a person caused by someone’s negligent or intentional act.
WHAT IS NEGLIGENCE?
Negligence is a breach of law or duty that causes an injury.
WHAT FINANCIAL COMPENSATION CAN AN INJURED PERSON BE AWARDED?
If an injured person proves that misconduct caused his or her injury, he or she could be compensated for:
Medical bills
Lost wages
Pain
Disability
Scars
Loss of enjoyment
Mental suffering
Out of pocket expenses
IF I AM INJURED IN AN AUTO ACCIDENT CAUSED BY A DRIVER THAT DOES NOT HAVE INSURANCE, DO I STILL HAVE A CASE?
Whether you have a viable case depends on whether the uninsured driver was operating a vehicle insured by someone else, if you are insured under a policy with uninsured motorist coverage or a number of other factors.
HOW DO I CHOSE A PERSONAL INJURY LAWYER?
Look for a lawyer that has experience in the personal injury field and actively takes cases to court. You should also look for a lawyer that you are comfortable with and who is willing to listen to your concerns.
HOW LONG WILL IT TAKE FOR MY CASE TO CONCLUDE?
Personal injury claims can be settled in a matter of weeks or, if contested, can last for years. Each case is different. We recommend that your claim be thoroughly investigated before you sign a release of any of your rights.
WILL I HAVE TO APPEAR IN COURT?
That depends. Most claims settle prior to trial. However, if the insurance company refuses to pay an amount you believe is fair, then we will file a lawsuit, and, if necessary, proceed to trial.
HOW WILL I BE CHARGED FOR LEGAL ASSISTANCE?
Most personal injury clients pay on a contingency basis. If there is no recovery, we will not charge legal fees. There are no upfront charges.
WHAT ARE LITIGATION EXPENSES?
Litigation expenses include money paid to medical providers for medical records, charges for the appearance of doctors at trial or deposition, transcript costs, court costs and other matters.
CAN I NEGOTIATE WITH THE INSURANCE COMPANY ON MY OWN?
Sometimes you can. However, insurance companies make money by collecting premiums and paying out as little as possible on claims. I know that because I’ve spent many years representing insurance companies. Insurance adjusters and their lawyers are generally very nice, personable people, but please remember they are trained to minimize your claim. It is important not to sign anything you do not understand. If you have any doubts at all, take the time to call our office or any other qualified law office with your questions.
ARE THERE TIME LIMITS WITHIN WHICH I MUST FILE MY CLAIM?
In Ohio, bodily injury claims generally must be brought within two years. Medical malpractice claims must be brought within a year. There are numerous exceptions to these rules. It is very important to consult with a lawyer early on so that you do not waive any rights to compensation you may have.
I HAVE BILLS COMING FROM VARIOUS PROVIDERS. MY HEALTH INSURANCE COMPANY SAYS THAT THEY WILL NOT PAY FOR ACCIDENT RELATED MEDICAL BILL. WHAT SHOULD I DO?
The answer to that question depends on a number of factors. Generally it is best that you insist that your health insurance carrier pay these bills. You should reserve any auto insurance coverage for co-pays you may be responsible for. In addition, there are issues involving paying back your health carriers and medical liens. These are issues that our office could assist you with.
SHOULD I RECEIVE EXCESSIVE MEDICAL TREATMENT SO AS TO MAXIMIZE THE VALUE OF MY CASE?
Absolutely not. You should receive the amount of treatment that is reasonable and necessary for your recovery. You need to rely upon the advice of your doctor. If you believe you are being treated excessively, discuss that issue with your physician, and if necessary obtain a second opinion. Please avoid medical providers that employ telephone solicitors that are attempting to drum up business. We recommend that you rely upon the advice of your family doctor.
IF MY CASE GOES TO COURT, WILL WE BE ABLE TO SUE THE RESPONSIBLE PERSON'S INSURANCE COMPANY DIRECTLY?
Usually you will not be able to name the insurance company in the lawsuit. At trial the case will proceed against the responsible person directly. That person’s insurance company will provide him or her with a defense lawyer and the insurance company will pay the amount that the jury awards to you up to its policy limits. Insurance companies prefer not to be named in lawsuits because they believe that juries are less likely to award full damages if they are unaware that the insurance company will be paying the jury award. That’s why they have fought to keep laws in place that allow them to hide behind their clients.
HOW DO I DETERMINE HOW MUCH MY CASE IS WORTH?
Before the value of your case can be estimated, it is necessary that the extent of injuries be fully determined and that your doctors make a determination as to any lingering effects from the accident. In most cases it’s best to wait until your treatment has been completed before estimating the value of your claim. Factors considered include:
1. The conduct of the responsible party.
2. Whether your conduct contributed to the accident.
3. Whether you were hospitalized or had surgery.
4. Whether your injuries are permanent.
5. The amount and type of your medical bills and whether they were reasonably related to the accident.
6. Whether your doctors will support your claims with medical testimony.
7. The amount of income you lost. 8. Additional factors include what insurance company is involved, how well you and your witnesses present themselves, how well or how poorly the responsible party presents him or herself, the composition of the jury, what court your case is in, etc.
WHAT CONSTITUTES A PERSONAL INJURY CLAIM?
