Frequently Asked Questions on Personal Injury
How much is my personal injury case worth?
This is one of the most difficult questions a plaintiff's attorney will get asked assuming that the other party is clearly at fault. The value of your case is based on five areas of damages. Plaintiff's in personal injury cases are generally entitled to seven areas of damages. Those areas of damages are as follows:
A. Past medical bills
B. Future medical bills
C. Permancy of injury and/or scarring
D. Past lost wage
E. Loss of earnings in the past
F. Projected future loss of earnings
G. Pain and Suffering
Based on our track record of trying cases in the state of Ohio, we are generally able to come up with a "range of value" after the attorney who is representing you has obtained all of the medical records and medical reports and evaluated the client's prognosis for recovery since the accident. Even with all that information it is very difficult for plaintiff's counsel to come up with an exact figure but, typically, a range of value based on our vast experience in handling these types of cases can be determined.
Do we have to use my insurance company if I did nothing wrong to cause this accident?
When a negligent person causes an accident, and they are uninsured or underinsured, meaning they either have no insurance or not enough to insurance to cover the full value of your injury claim, then you can make a claim provided you have paid a premium for that coverage with your insurance company. The short answer is that the client pays premium dollars for uninsured or under insured motorist coverage then in those cases it is there for your benefit when you need it.
How long will it take to bring my personal injury case to a conclusion?
The answer to this question also depends on the complexity of the case. In other words, the last thing we want to do is resolve a case while our client is still healing or does not have a good understanding on what their future medical condition will be. Every plaintiff's lawyer's fear is to allow the client to sign a release and then find out a short period of time after letting them execute the release, that they need future surgery or have massive medical bills still facing them. With that being said, typically the average premises liability/auto case or any other type of general negligence case is resolved within from 8 to 18 months after being signed up by the firm. Naturally, that time range is subject to fluctuation depending on the severity of your injury and the severity of your injury and the facts of the case.
I have full coverage, why am I not covered?
This statement is probably the most painful one that lawyers in our firm have to answer on a day to day basis. Typically, insurance agents will give a potential consumer a quote on whatever type of coverage the consumer asks for. Full coverage can mean a variety of things but, in regards to an automobile negligence case that would entail for purposes of recovering for injuries, medical payment benefits and uninsured or underinsured motorist coverage. The uninsured or underinsured motorist coverage is probably the most important. Underinsured or uninsured motorist coverage allows you to collect from your own company in the event you are injured through the negligence of somebody who has little coverage or no coverage. Typically, we are asked this "full coverage" question in instances where a client of ours has been injured by someone who has no insurance and according to their sales agent, our client thought they had "full coverage." It is unfortunate and is something we deal with on a day to day basis.
Do we have to "file suit" and what does that mean?
Filing suit is the actual act of filing legal papers at the courthouse. This is done only with the client's permission after all efforts have been made to resolve the case in settlement before a lawsuit is filed.
When a case is actually filed that does not mean that it will end up in a jury trial. However, it does mean there is that possibility and although most cases resolve by the way of settlement before trial, there is that possibility that once your case is filed it can go to trial. However, based on our experience we are able to keep the client educated as to their options during this entire process and although our firm has great success in the courtroom, we still resolve a large percentage of our client's cases by always being prepared for trial if necessary. Oftentimes, when the other side knows you have done your homework and are prepared to try the case then they will settle the claim before trial for its full value.
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