5 Frequently Asked Questions in a Personal Injury Case

Who wakes up thinking of bringing a lawsuit against someone else? As citizens, we do our best to live peaceably with everyone. Yet, accidents happen… 

While taking your morning jog, you fall on the uneven sidewalk in front of a local business and injure your wrist. You are teaching your daughter to ride her bike at the park and a passing dog bites her leg. You have the right of way at the light when you are blindsided at the intersection.

All of these situations have produced some type of injury that will have you searching for a remedy. A Personal Injury lawsuit can be filed to recover damages due to an injury caused by someone else. The injury can cause a negative financial and emotional impact on your life.

When you are injured, there are several questions that may come to mind. Below are five frequently asked questions regarding personal injury cases:

1. What if I believe I am at fault? 

Do not admit to fault at the scene of your accident or incident. Often, after an injury, your adrenaline is running and you may not be thinking clearly. Take down the information of all the witnesses and other parties involved, and call the police if necessary. Then find an attorney that can assist you in the best solution for your case. Informing anyone about your theory of liability before a full investigation is done could bring harm in your legal standing. In Ohio, if you are more than 50% at fault for an injury, you cannot recover any compensation.

2. Am I obligated to sue? 

According to Ohio Revised Code Section 2305.10, you have two years from the date of your injury to file a lawsuit for most personal injury claims. However, you are not obligated to file a lawsuit in every case. Many injury cases are resolved “out of court” through settlement agreements with the other party or the other party’s insurance company. Discuss with your attorney the best legal solution for your case.

3. While riding with my friend, we got in an accident. I want to seek financial relief, but my friend was at fault. How can I go about this without affecting my friend and our friendship?

Even if your friend caused the accident, you still have a right to be fully compensated for your injuries. Your friend’s car insurance should protect them up to the amount of the policy limits your friend purchased. Every case is different, so it’s important to talk to an attorney about the best way to go about pursuing your rights.

4. During the accident I wasn’t wearing a seatbelt, am I still able to make a claim?

The Supreme Court of Ohio has ruled that an accident victim's failure to use a seatbelt can generally NOT be used as evidence to show that the accident victim was negligent in causing the accident or be used to reduce the value of the damages in the case. However, nonuse of a seat belt is admissible in cases where an injured party claims his crash injuries were aggravated by a design defect in the car. Gable v. Gates Mills, 2004-Ohio-5719.

5. How long will it take for my case to reach a resolution? 

Each Personal injury case differs from the next. The length of the case can depend on several circumstances, including:

- The amount of time it takes you to have all of the medical treatment completed.

- Complications of your injuries.

- The defendant’s insurance company; their cooperation and its policy limits.

- Whether or not it will result in a settlement or a lawsuit.

Disclaimer:

The materials available on this page are for informational purposes only and not for the purpose of providing legal advice. If you still have questions about your personal injury claim, it would be best for to contact an attorney to obtain advice with respect to any issue or problem. Use and access to this website or any of the links contained within the site do not create an attorney-client relationship.

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About Us

Walton + Brown, LLP takes pride in having a successful serious personal injury and civil rights practice, unafraid to step into a courtroom and litigate cases to the fullest extent necessary. With over 440 lawsuits filed and over $14 million in settlements or verdicts won for our clients, Sean and Chanda bring a record of success. Sean and Chanda have been awarded Top 100 and Top 40 Under 40 designations as trial attorneys.

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