PERSONAL INJURY FAQS
How long do I have to make a claim?
Generally speaking, under Ohio law you have two years from the date of your injury to bring a claim against the persons or entities whose negligence caused your injury. It is important to note, however, that some
Types of claims are governed by a one year statute. That is why you should contact An zellotti, Sperling, Pazol & Small as soon as possible after an injury occurs to schedule a no-cost, no-obligation consultation. Our experienced personal injury attorneys will evaluate your case, make sure you are aware of applicable time limits, and provide you with our best advice on how to proceed.
What type of damages may be recovered via a personal injury suit?
Plaintiffs may receive compensation for medical bills, past and future pain and suffering, past and future wage loss, and past and future out of pocket costs. In addition, you may be compensated for any permanent injury that is disfiguring, that limits your ability to go about your normal activities free from pain or discomfort, or that limits your ability to engage in daily activities either now or in the future.
What should you do right after an accident occurs?
Make sure, regardless of the type of accident you are involved in, that you don’t leave the scene. Make sure to contact the police immediately and file a police report. If you aren’t severely injured, get the names and contact information of all the parties and witnesses involved. It is very important to take note of the date and time the accident occurred, along with the location. You should try to record any injuries you sustained or property damage that occurred due to the accident. It’s best to record these things with photos. Don’t discuss your case or situation with an insurance company until you have talked with our legal team.
How much money is your personal injury claim worth?
The compensation you receive for your injury is dependent on an array of factors. These factors include (but aren’t limited to):
- The total of all your injury related medical expenses
- Lost wages
- The cost of rehabilitation and future care for the injury
- Property damage
- Insurance available
- Damages for mental pain and emotional torment
How soon will you receive your personal injury compensation payment?
The date you receive your payment is dependent on the case type you have, if the defendant accepts liability for the situation or contests it, and several other factors.
Is there a certain amount of time you have to file your case?
Every state has a statute of limitations related to the claim that’s being filed. This is what determines how much time you have to file the claim. For example, in Ohio, your dependents or family have a period of two years to file wrongful death claim after a loved one passes away. However, for medical malpractice claims, the limit is one year.
Are you charged legal fees if you don’t win your case?
No. Each client is represented on a contingency basis. What this means is that if the case is unsuccessful and there is no recovery, there is no fee.
If the insurance company requests a recorded statement, should you provide it?
The answer to this is always no. The only reason that the defendant’s insurance company would try to get you to provide a recorded statement is to try to minimize what they have to pay you before you have talked to an attorney. It’s best to call us as soon as possible after an accident to fully understand the possible harm of speaking to the insurance company without having a lawyer’s representation.
Can you file a case on the behalf of your child?
It is not legal for a minor to file a personal injury lawsuit, so you have the ability to do this for them. In some situations, the law will waive the statute of limitations if the child wants to wait until they reach the age of 18 to file the lawsuit. In other situations, legal guardians or parents have the right to file a lawsuit for their child. This is because as a parent, you are the minor’s “next friend,” and has the child’s best interests in mind (according to the law).
If you hire our attorneys, how long will it take to resolve your case?
There is no black and white answer to this question. The amount of time a case takes to resolve depends on several factors. Some of these factors include the type of case it is, what county or court it is filed in, and more. There are some courts that take much longer to schedule and prepare. However, the majority of personal injury cases will go to trial within a few years after it has been filed.
Will your case have to go to trial?
The majority of the cases we represent will be settled outside of the courtroom. However, we can take the case to trial if this is necessary and we have a good reputation for handling cases both ways.
What is negligence?
If you choose to pursue a legal case against a business or individual based on the injuries they caused, then most of the basis of your argument is going to be based on the fact that they are negligent. In order to be negligent, it means that the other person did not have a legal duty of care.
For example, every driver on the road has a duty to all other motorists, pedestrians, and passengers to operate their vehicle with a reasonable level of care. This means they have to follow the rules of the road and make sure they don’t behave in a careless manner, which is something that would put someone else’s safety in peril. If another driver speeds and this results in an accident, they are considered negligent.
What should you do if you believe you are at fault for the accident?
If you believe you may be even partially to blame for the accident that resulted in your injuries, you should never say this to anyone else, especially the other party’s insurance company. You need to speak with our legal team right away. Even if you are considered even partly responsible for the accident, you may still have the right to recover compensation from other parties who were at-fault. This depends on the percentage of fault that the court or the insurance company assigns to the other parties and to you. In the state of Ohio, if you are considered over 50 percent at fault, you aren’t legally able to recover compensation. However, this isn’t something you need to determine on your own. Instead, speak with our attorneys to discuss your options and how likely it will be for you to recover compensation.