Common Questions About Ohio Personal Injury Claims

by David on December 15, 2007

Here are answers to some questions that you may find helpful before you’ve had the chance to speak with am Ohio Auto Accident Lawyer.

1. What Is A Contingency Fee?

In Many Personal Injury Cases, The Attorney Will Charge A Contingency Fee. This Means That The Attorney Will Receive A Fee Only If A Recovery Is Made. If No Recovery Is Made Then The Attorney Is Not Entitled To A Fee. However, If No Recovery Is Made, The Attorney May Be Entitled To Be Reimbursed For The Expenses Incurred In Pursuing The Claim Or Case.

A Contingency Fee Allows Those Who Are Injured To Retain An Experienced Attorney Without Incurring Significant Upfront Costs. Oftentimes, The Injured Person Misses Work And Must Struggle With Just Paying Ordinary Bills, Making Payment Of A Retainer And An Hourly Fee Impossible. A Contingency Fee Ensures That All Have Equal Access To The Justice System.

2. I Did Not Feel Injured At The Scene Of The Accident But Later I Began To Hurt, Is This Normal?

Many Injuries Are Not Immediately Obvious (I.E., A Broken Bone Is Usually Obvious) And May Not Be Noticed Because Of The Distractions At The Accident Site (I.E, Concern For The Safety Of Others, Upset, Nerves, Excitement) But Are Noticed After You Have Had Time To Recover From These Distractions. The Important Thing Is This: If You Begin To Feel Injured After An Accident, Seek Treatment From An Emergency Room, Urgent Care Or Your Family Doctor.

3. What Are My Rights?

This Question Is Too Complex To Answer In This Format. Ohio Law Allows You To Be Compensated For, Among Other Items, Medical Bills, Lost Wages, Pain, Suffering, Loss Of Enjoyment Of Life, Loss Of Services Of A Spouse…. You Also Need To Be Aware That Your Right To Present A Personal Injury Claim Is Limited By Law To A Specific Period Of Time (Statute Of Limitations). If Your Claim Is Not Presented Within The Appropriate Statute Of Limitations, All Your Rights Will Be Lost. Before Signing A Release Of Your Personal Injury Claim, You Need To Make Sure That You Fully Understand The Effect Of The Release.

4. Do I Need A Lawyer?

No One Can Give You A Definitive Answer, This Decision Should Be, And Must Be, Solely Yours. A Lawyer Can Assist You In A Great Many Ways. For Instance, The Lawyer, If Experienced In Personal Injury Cases, Should Be Able To Provide You With Advice On All Of Your Questions Ranging From How To Deal With The Damage To Your Vehicle, To Finding The Right Doctor, To Ensuring That You Are Properly Treated For Your Injuries, To Advising You On The Value Of Your Case, To Presenting Your Case For Settlement To The Insurance Company. Each Of These Tasks, And Many More Not Listed, Entail Certain Know-How Which An Experienced Personal Injury Attorney Will Have. However, This Does Not Mean That You Must Hire An Attorney Just That You Must Be Careful At Every Step Of Your Claim Or Case So That You Do Not Impair Or Waive Your Rights To Compensation

5. What About The Damage To My Car / Property?

Have The Vehicle Repaired Professionally. Never Drive A Vehicle That Could Be Unsafe Because Of Damages. Some Insurance Companies May Want You To Visit Their Drive-In Claims Center Before Having Your Care Repaired. You Can Do This, Or You May Leave Your Vehicle At A Body Shop And Ask That The Insurance Company Inspect The Car There. You Are Not Required By Law To Obtain More Than One Estimate Or Appraisal. You Have The Right To Go To The Repair Shop Or Your Choice. The Insurance Company Cannot Require You To Go To A Particular Shop. Difference In Repair Estimates Are Common. A Lower Estimate May Not Include All Necessary Work. If You’re Not Sure Why One Estimate Is Different From Another You’ve Received, Ask. Choose A Shop That Has Unibody Repair Equipment And Certified (By I-Car Or Ase, For Example) Technicians. Ask If The Shop Will Be Using Genuine Manufacturer (Oem) Replacement Parts. Ask If The Shop Offers A Repair Warranty.

If Your Vehicle Is Deemed A Total Loss [The Cost Of Repairs Exceeds The Value Of The Vehicle] There Are Many Twists And Turns Applicable Under Ohio Law. Before You Make A Decision That Might Leave You Still Owing On The Vehicle That Has Been Totaled, You Should Seriously Consider Consulting An Attorney.