Sustaining an injury in an accident is a traumatic experience, but it can become even more stressful when you consider the medical expenses, lost wages, and other financial losses resulting from your injuries. In Ohio, if you were injured in an accident due to someone else’s recklessness, negligence, or intentional actions, you can file a personal injury claim to seek compensation for your damages. Here’s a detailed guide on how to file a personal injury claim in Ohio.
Table of Contents
1. Seek Medical Attention
The first and foremost step after an accident is to get medical attention. Your health and well-being should be the top priority. Even if you don’t feel very injured, it’s good to have a medical professional check just to be sure. Delayed or ignored injuries can become serious and long-term. It’s also important to have medical records that document your injuries, which you will need for your personal injury claim.
2. Document Evidence
To support your personal injury claim, you need to gather as much evidence as possible. This includes:
- Contact information and statements of eyewitnesses
- Police reports
- Photos or videos of the accident scene and the damage
- Medical records and bills
- Documentation of your lost wages and other expenses
You can also keep a journal documenting your pain, recovery, and how it has affected your life.
3. Contact A Personal Injury Attorney
While you can file a personal injury claim on your own, it’s always best to have a personal injury attorney on your side. An experienced attorney can guide you through the legal process, advise you on the strength of your claim, and negotiate with the insurance company on your behalf. They can also help you calculate the value of your claim and ensure you receive the compensation you deserve.
4. File A Claim
Once you have a solid case and the necessary evidence, you can file a personal injury claim. In Ohio, you must file your claim within two years from the date of the accident. Your attorney can help you file your claim and serve it to the defendant(s). The defendant(s) will also have their own insurance company, and their insurer will have their own attorneys.
5. Discovery
After your personal injury claim is filed, both sides will engage in discovery. This is the period where each side collects and shares evidence and information regarding the case. During this time, your attorney may take depositions or statements from witnesses or the defendant, and submit interrogatories or written questions. Discovery can be lengthy and requires patience from both sides.
6. Settlement Negotiations
Before the trial, both parties may agree to a settlement amount. Your attorney will negotiate to reach a settlement amount that covers all of your losses, including medical bills, lost wages, and pain and suffering. If a settlement is agreed upon, both parties will sign a release form that prevents any future lawsuits related to the same incident.
7. Trial
If a settlement cannot be reached, your case will go to trial. During the trial, each side will present their arguments and evidence. The judge or jury will ultimately decide whether the defendant is responsible for your injuries and how much compensation you should receive.
Conclusion
Filing a personal injury claim in Ohio can be a complicated and stressful process, but with the help of an experienced attorney, you can maximize your chances of receiving full and fair compensation for your losses. The most important steps are getting medical attention, gathering evidence, and contacting an attorney. Follow the steps above to navigate the process with confidence.