Posted: October 28, 2023
What Ohio Injury Victims Face When Making a Claim Against a Negligent Person's Insurance
If you have been injured in an accident caused by someone else's negligence, you may be entitled to compensation for your medical expenses, lost wages, and other losses. However, filing a claim against a negligent person's insurance company can be a complex and challenging process. Insurance companies are businesses, and their goal is to minimize their payouts. They may use a variety of tactics to deny or delay claims, including:
- Denying liability. Insurance companies may try to deny that their policyholder was at fault for the accident. They may also try to argue that your injuries were not caused by the accident, or that they were pre-existing.
- Lowballing your settlement offer. If the insurance company does admit liability, they may offer you a settlement that is far below what you deserve. They may try to convince you that you are lucky to get anything at all.
- Dragging out the claims process. Insurance companies may delay your claim by requesting unnecessary documentation, or by refusing to respond to your inquiries. They may also try to settle your claim for less money if they think you will be desperate to resolve it quickly.
How a Real Personal Injury Lawyer Can Help
A real personal injury lawyer can help you navigate the complex claims process and protect your rights. They will investigate the accident and gather evidence to prove that the other party was at fault for your injuries. They will also negotiate with the insurance company on your behalf to get you the maximum compensation possible.
Here are some specific ways that a personal injury lawyer can help you with your claim:
- Investigate the accident. Your lawyer will review all of the available evidence, including police reports, witness statements, and medical records. They may also hire experts to reconstruct the accident and determine the cause of your injuries.
- Prove liability. Your lawyer will need to establish that the other party owed you a duty of care, breached that duty, and that their breach caused your injuries. This can be a complex process, but your lawyer will have the experience and knowledge to do it right.
- Quantify your damages. Your lawyer will work with you to calculate your economic losses, such as medical bills and lost wages. They will also estimate your non-economic losses, such as pain and suffering, loss of enjoyment of life, and disfigurement.
- Negotiate with the insurance company. Your lawyer will negotiate with the insurance company on your behalf to get you the maximum compensation possible. They will also protect you from unfair insurance tactics.
- File a lawsuit if necessary. If the insurance company refuses to offer you a fair settlement, your lawyer may file a lawsuit on your behalf. They will represent you in court and fight for your rights.
The Benefits of Hiring a Real Personal Injury Lawyer
There are many benefits to hiring a real personal injury lawyer when you have been injured in an accident. Here are just a few:
- Increased compensation. Studies have shown that people who are represented by lawyers receive significantly more compensation for their injuries than those who represent themselves.
- Reduced stress. Dealing with an insurance claim can be stressful and time-consuming. A lawyer can handle all of the details for you, so you can focus on your recovery.
- Peace of mind. Knowing that you have a lawyer on your side who is fighting for you can give you peace of mind. This can help you focus on your recovery and getting your life back on track.
Conclusion
If you have been injured in an accident caused by someone else's negligence, you should strongly consider hiring a real personal injury lawyer. An experienced lawyer can help you navigate the complex claims process and protect your rights. They can also help you get the maximum compensation possible for your injuries.
Here is an example of how a real personal injury lawyer helped an Ohio injury victim:
A nurse was injured in a car accident caused by the fault of the car driver. She suffered serious injuries, including a broken leg and a concussion. She was unable to work for several months, and she incurred significant medical bills.
Sarah contacted a personal injury lawyer to help her with her claim. The lawyer investigated the accident and gathered evidence to prove that the driver was at fault. The lawyer also negotiated with the insurance company on her behalf.
The insurance company initially offered her a lowball settlement offer. However, her lawyer was able to negotiate a much higher settlement, although a lawsuit had to be filed and a jury trial date obtained to force insurance hands. She got settlement money to pay her medical bills and lost wages. She was also able to save some money for the future..
If you have been injured in an accident caused by someone else's negligence, contact a real personal injury lawyer today. A lawyer can help you get the compensation you deserve for your injuries.
Here are some citations of authority for this legal blog post on what Ohio injury victims face when making a claim against a negligent person's insurance and how a real personal injury lawyer can help:
Ohio Revised Code
- Section 2305.10 - Bodily injury or injury to personal property
- Section 2307.385 - Jurisdiction
- Section 2307.39 - Agreements to be bound by Ohio law
Ohio Supreme Court Cases
- State Farm Mut. Auto. Ins. Co. v. Partridge, 100 Ohio St. 3d 525, 2003 Ohio 6936 (2003) (holding that insurance companies have a duty to act in good faith when handling claims)
- Travelers Indem. Co. v. Kolesar, 89 Ohio St. 3d 169, 1998 Ohio 312 (1998) (holding that insurance companies may not engage in unfair or deceptive practices)
- Buckeye Claim Serv. v. Patel, 91 Ohio St. 3d 332, 1999 Ohio 316 (1999) (holding that insurance companies may not delay claims unreasonably)
Federal Statutes
- Fair Claims Settlement Practices Act, 15 U.S.C. §§ 1666-1666j (regulating the claims handling practices of insurance companies)
Other Sources
- American Bar Association, Standards of Professional Conduct for Lawyers, Rule 1.8 (Conflicts of Interest: Prohibited Transactions) (2023)
- Ohio State Bar Association, Code of Professional Conduct, Rule 1.8 (Conflicts of Interest: Prohibited Transactions) (2023)
by Anthony Castelli Loveland Ohio personal injury lawyer. Caii 513-621-2345 for a free consultation.
