Do you need to file a lawsuit to recover your accident-related damages? The short answer to this question is no, but even if you don’t believe you need to take legal action, a personal injury attorney may still be a benefit to your case. Take a look at the different ways you can recover damages so you can make an informed decision about how to proceed with your claim.
You May Not Need To File A Lawsuit to Recover Damages
If you are injured because of another person’s negligence and wish to be compensated for your damages, the first step is usually to pursue a personal injury claim against the negligent party.
If your personal injury lawyer believes your case can be settled, then he or she will first attempt to negotiate directly with the insurance company of the other driver. If you can establish that the other party was negligent and that the other party’s negligence caused your injury, then you may be entitled to compensatory damages for your medical bills, pain and suffering, lost wages, and other damages.
Settlement Is Sometimes An Option
Many personal injury claims are settled and resolved even before a lawsuit needs to be filed. If your claim involves permanent impairment or injury, however, it may be more difficult to settle.
A lawsuit is also generally considered the next course of action if the insurance company of the other driver refuses to offer you a fair settlement, or if the insurance company denies responsibility for your injury. Having an attorney on your side who is ready to pursue your claim can serve as a great motivator for the insurance company to consider your demands.
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How Long Do I Have To File A Lawsuit to Recover Damages After A Car Accident?
If you decide to file a personal injury lawsuit in the civil court system, however, keep in mind the state’s statute of limitations for car accidents. According to Ohio Revised Code § 2305.10 , you have two years from the date of the injury to go to court and file a lawsuit against the negligent party (assuming that you are an adult at the time of the accident). After that date, you will lose your right to file and your right to compensation will be lost.
If you have been seriously injured in an auto accident contact The Fitch Law firm today and put 30+ years of personal injury law experience to work for you.
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