You do not necessarily need to file a lawsuit in order to recover damages a result of a car accident. 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.
We will gladly handle all communication with insurance company representatives. Otherwise, this is a headache for you that you don’t need. We are familiar with the tactics insurance agents use to devalue or deny claims, so we can deal with them and won’t let you fall victim to these bad faith practices.
Settlement Is Sometimes an Option
Many personal injury claims are settled and resolved even before a lawsuit must 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 ready to pursue your claim can serve as a great motivator for the insurance company to consider your demands.
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 automobile accidents. In each state, you have a limited period of time to file an injury lawsuit.
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 you are an adult at the time of the accident). This is not a long time period, considering all the work that must be done to ensure a strong case. After two years, you will lose your right to file a civil action and your right to compensation will be lost.
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Damages You May Recover in Your Car Accident Case
There is an array of damages you may receive compensation for in your auto accident case. Common car accident damages include:
- Rental vehicle costs
- Personal property damage
- Vehicle damage
- Medical expenses
- Pain and suffering
- Lost wages and diminished earnings
Your damages will depend on the specifics of your case, and your lawyer will fight for the compensation you deserve, whether it’s through an insurance claim or lawsuit.
Call Now for a Free Consultation
If you were seriously injured in an auto accident, contact The Fitch Law Firm LLC today and put 30+ years of personal injury law experience to work for you. Our legal counsel can make a difference in your case. While you focus on your recovery, we will be building your case, working towards your best possible outcome.
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