If you have been injured or have lost a loved one due to another's negligence, you may be entitled to significant financial compensation. You should not be forced to pay the price for your physical, emotional, and financial suffering. It is your legal right to be fully compensated with a successfully proven case.
Whether you have been the victim of an auto accident, truck accident, or medical malpractice, the Cincinnati personal injury attorneys at The Moore Law Firm have a long legacy of ensuring that our clients get full access to their legal rights. We are able to guide you through every step of the journey and seek maximum compensation for your injuries.
What is a Personal Injury Claim and How Do They Work?
A personal injury claim is a legal process that involves an injured party negotiating a settlement through a responsible party's insurance company. When another party injures you because of their careless actions, that party should be obligated to pay for your costs and suffering. Types of personal injury claims include, but are not limited to:
- Car, truck, and motorcycle accidents
- Bicycle accidents
- Pedestrian accidents
- Catastrophic injuries
- Wrongful death
- Corporate negligence
- Drunk driving accidents
- Spinal cord injuries
- Product liability
- Birth injuries
- Nursing home abuse and neglect
The claim is filed against the responsible party's insurance company, seeking resolution of the case outside of the court system. This means dealing with the responsible party's insurance company. This step should be handled with the assistance of qualified legal counsel, as insurance adjusters will attempt to avoid payment whenever they can.
How Does a Personal Injury Claim Differ From a Lawsuit
A personal injury claim is not a lawsuit. The personal injury claims process happens outside of the court system. A claimant seeks compensation directly from the responsible party's insurance company instead of filing a legal action against the responsible party.
A personal injury lawsuit is filed in court and must make its way through the legal system. This method is slower and more expensive but is sometimes necessary when an insurance company refuses to pay or offers a low settlement.
Steps to Filing a Personal Injury Claim
Filing a personal injury claim can seem daunting without help from an experienced attorney, but you do not have to do this alone. By following these steps with your attorney, you can file a personal injury claim against an insurance company.
Ensure That You Seek Medical Treatment
You should immediately seek medical treatment after your accident. The first priority is your health above all else. In addition to protecting yourself, seeking medical treatment helps evidence your injuries for the personal injury claim.
Inform the Responsible Party of Your Intent to File
Your attorney can submit a letter to the insurance company which informs them of your intent to file a claim. This puts the company on notice to expect the filing of a personal injury claim.
Fill Out and File the Claim Form
You will next fill out the actual claim form. This outlines the details of the accident, your injuries, and the requested compensation. This document is often complex but is easily filed with the assistance of a knowledgeable attorney.
Ensure That You Receive Adequate Compensation
An insurance company will either choose to offer a settlement of the claim or will reject the claim. Insurance companies will often offer far less than what your claim is worth in an attempt to save money. You have the right to receive adequate compensation for your injuries.
What Happens if the Settlement Payment Doesn't Cover Costs?
If the offered settlement payment does not cover your costs, you are allowed to reject that offer. You can discuss whether to take the offer or not with your attorney. You can get the advice you need on how to handle your personal injury claim.
If the claim is far below your costs, you are entitled to file a personal injury lawsuit against the liable party to seek the full measure of your damages.
Statute of Limitations and How it Affects You
The statute of limitations for personal injury claims in Ohio is two years from the date of the injury. If you fail to file a claim or lawsuit within this time period, your case is very likely to be rejected. The sooner you approach an attorney, the less likely it is you will face this risk.
When You Should File a Personal Injury Claim
You should file a personal injury claim when you have endured bodily injury and additional losses as the result of another person's or company's negligence. The following are just a few examples of when you are entitled to file:
An Accident Has Occurred
When an accident has occurred—and you have suffered injuries—you should speak to an attorney about filing a personal injury claim. Motor vehicles accidents, medical malpractice, work injuries, and much more may entitle you to financial compensation. Our office is able to determine who may be liable for your injuries. You can then file a personal injury claim to pay for your costs.
You're Experiencing Work-Related Illnesses
An illness caused by your job can be serious or even life-threatening. Exposure to dangerous chemicals or cancer-causing substances can rob you of your health and harm your finances. A personal injury claim may help you win financial compensation in these situations.
You're Experiencing Psychological Trauma
Accident victims suffer emotional distress and psychological trauma in addition to their physical injuries. These pain and suffering damages are often a significant part of a personal injury claim.
Benefits of Filing a Claim vs a Lawsuit
There are several benefits to filing a claim instead of a lawsuit.
- A personal injury claim attempts to resolve the issue without having to file a lawsuit.
- A personal injury claim takes less time to resolve than a lawsuit.
- A claim is less expensive than a lawsuit.
- A successful claim saves you a great deal of personal effort and stress.
A personal injury claim is the better first step in most situations. When successful, the benefits are substantial. Even if the claim is unsuccessful, you still have the right to pursue financial compensation through a personal injury lawsuit.
Should You File a Personal Injury Claim?
When you are the victim of someone else's negligence, you should file a personal injury claim. Your injuries deserve compensation and a personal injury claim may help you win the money damages you need to repair your life. You may be entitled to compensation for medical expenses, property damage, lost income, pain and suffering, and much more.
Let the skilled attorneys at The Moore Law Firm work with you on your case. You should not be forced to pay for injuries that were not your fault.