If you were injured in a motor vehicle accident that was not your fault or you were injured in another type of accident you are entitled to fair compensation for you medical expenses, lost wages and pain and suffering. I have represented injured people in negotiations with insurance company adjusters and insist on obtaining a fair settlement for my clients. If a fair settlement cannot be negotiated I file suit against the individual or insurance carrier involved and, if necessary, present the case to a jury. Throughout this process I strive to provide my clients with a realistic evaluation of their claim and keep them apprised of the status of the negotiations. If litigation is necessary then I prepare my clients well in advance of any hearings or depositions.
PERSONAL INJURY FAQS
How Do I Know If I Have A Valid Injury Claim?
Individuals are expected to behave themselves in a manner that doesn’t threaten or harm others. Ohio defines negligence as “the failure to exercise the degree of care required of a reasonable and prudent person in any given circumstance resulting in injury or damage to another.”
Negligence is often manifested through recklessness, maliciousness, or malpractice.
When people don’t uphold their responsibility to follow the laws that govern and promote safety in our society, they can cause injury to others. Consulting with an injury attorney is the only way to determine with certainty if you have a valid injury claim.
Were you injured and was it someone else’s fault?
If you answered yes, then you may have an injury claim, and you need to discuss your situation with an injury attorney. Many facts and laws may be relevant, so speaking with an experienced lawyer is crucial in understanding whether you have a legitimate case.
Who Can I Sue?
If you’ve been injured and it was another person, group of people, or organization’s fault, you may be able to take legal action against them. However, there are many laws and mitigating factors which come into play when it comes to filing a personal injury lawsuit. To bring about the ideal resolution for you, it’s best practice to speak with an expert, in this case a trained legal professional.
Do I Need An Attorney?
Ohio does not require you to have a lawyer to bring a personal injury lawsuit. That doesn’t mean representing yourself is a wise thing to do. Most people who try to represent themselves in court end up hiring an attorney anyway, but only after they’ve made mistakes that damage their ability to make a claim.
It’s understandable for people to want to settle legal matters quickly after an accident so they can move on. Unfortunately, the temptation to “wrap things up” can make people ignore the pitfalls of trying to defend themselves.
Do I Have To Sue Immediately After My Accident?
Ohio has strict laws regarding time limits for bringing lawsuits, known as the statute of limitations. Once the statue of limitations has expired, the court is very likely to dismiss your case with prejudice, which means that you can no longer attempt to sue. Regardless of the circumstances of your case, there is nothing to be gained by putting off partnering with a lawyer. Ideally, you want to give your skilled legal team as much time as possible to help you.
How Much Does A Personal Injury Attorney Cost?
Personal injury lawyers work on a “contingent fee” basis, which means they get paid a percentage of the monetary damage their client receives.
The lack of upfront fees means that every Ohioan, regardless of economic status is able to seek and obtain effective representation. Some people are unaware of this, which leads them to go it alone and incur expenses while facing a more likely prospect of never recovering any monetary damages.
How Much Is My Case Worth?
There are so many details and individual nuances of each case that it’s impossible to listen to generalizations about them and then accurately project what amount of money your legal recovery will involve. The amount of harm caused and the nature it was caused in factor heavily, but there isn’t a slide-rule chart to figure it out.
That’s why having a dedicated attorney on your side is important. He or she will leave no stone unturned when it comes to organizing your legal efforts.
How Long Will It Take To Get Paid?
This answer is very similar to that of the last question. It varies widely from case to case. Settling a case versus taking it to trial impacts this timeframe. Since recovering damages takes a lot of strategic negotiation, sometimes the other party will pressure you to quickly settle. The more likely scenario is that they will deny fault and attempt to discredit you and your case. Don’t fall prey to defense attorneys’ stalling and delaying tactics when you need to navigate through the legal process. We may be able to provide you with an estimated time frame for your injury case, but will not make guarantees regarding timelines.
Should I Accept the Insurance Company Settlement?
Consulting with an attorney before accepting a settlement is a common sense measure. Your lawyer might advise you to accept a check to get your car fixed or see a doctor if it makes more sense to do so than to take a course of action that could have an indeterminate, uncertain timeline.
It also makes sense to do so because lawyers understand that insurance companies seek to minimize payouts and maximize company profits, and they know how to deal with them.
No matter how nice the insurance adjuster may seem, his or her only goal is to “get you out the door” after paying you as little money as possible. It’s best to have an experienced professional on your side to make sure you don’t accept a settlement offer that is too low.
Accepting an insurance company’s settlement without consulting a lawyer is a huge mistake, plain and simple.
Can I Accept An Insurance Check And Still Sue?
You can’t tell how long you’ll feel the impact of your injuries, and what future expenses might be incurred due to the other party’s negligence. However, once you sign a check from a tort feasor’s liability insurance carrier you are no longer able to pursue additional damages.
Even if your recovery is longer and more expensive than anticipated, you will be unable to seek recourse if you have already signed on the dotted line. Your signature on that agreement represents the point of no turning back. It is of the utmost importance that you do not sign anything until you are aware of all the accompanying terms and conditions.
Can I Still Recover Money If I’m Partially At Fault?
In many situations, yes. Ohio’s comparative negligence law states that plaintiff/victims can recover damages if they are less than 50 percent at fault for their injury.
Will I Have To Go To Court And Testify?
About 90% of cases are settled out of court, so there is no guarantee that you won’t have to go to court and testify. If this need arises, having a lawyer help you prepare for the process is an invaluable asset.
Will My Lawsuit Be Confidential?
No. While attorney-client discussions are protected by the attorney-client privilege, documents related to the filing of a lawsuit become matters of public record.
Don’t let this discourage you from seeking justice. We understand that many cases involve personal and intimate details, and we know how best address your privacy concerns.
Court systems throughout the country often times have different regulations and standard practices depending on the state. Ohio child custody laws and courts are no exception to this. These laws and practices will directly affect the court’s decisions regarding your child custody case. This makes it incredibly important that you get to know these laws and practices before you enter the courtroom.
Aaron Schwartz, a reliable Personal Injury Attorney practices law in Cleveland, Akron, Cleveland Heights, Euclid, Bedford Heights, Garfield Heights, Rocky River, Westlake, Avon, Hudson, Aurora, Solon, Shaker Heights, Beachwood, Lyndhurst, Chardon, Ravenna, Mentor, Willoughby, Painesville, Ashtabula
The best Cleveland Personal Injury Attorney in Cuyahoga County, Lake County, Portage County, Geauga County, Summit County, Ashtabula County, and Lorain County.