If you suffer injury in an Ohio car accident, it is important to follow the car accident process correctly to ensure you retain your right to receive compensation from the at-fault driver.
How do I begin the process of recouping compensation for my damages?
The process typically begins with filing an insurance claim against the at-fault driver’s insurance company. Do not forget to inform your insurer, as well. It is likely that your policy contract requires this anyway. Your insurer can also help you with resources you need to pay for a rental car or vehicle repairs while you wait on your settlement.
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What type of evidence proves fault and negligence in car accident claims?
When you file an insurance claim, an insurance adjuster launches an investigation. In many cases, the adjuster will request that you give a recorded statement. This, however, is not a good idea to give a recorded statement without first speaking to an attorney from Bressman Law.
Remember that the insurance adjuster is not on your side; she works for the insurance company which wants to pay out as little as possible. A recorded statement cannot help your case; it can only hurt it.
Instead, force the adjuster to base her investigation on evidence including:
- Police reports
- Eyewitness accounts
- Documentation of property damages and injuries
- Limited access to accident-related medical records
How do I know if I am getting a fair settlement?
The investigation may take several weeks or months to complete. At this point, the insurer will typically call you with a settlement offer.
In most cases, this offer is too low to meet both your current and ongoing needs. If you have not already, this is the time to call Bressman Law. Never accept a settlement offer without first consulting an Ohio car accident attorney. Not only will your attorney protect your rights, but he will also ensure you get all the compensation you need to cover your medical care and recoup your financial losses.
What if the insurer does not offer me a fair settlement?
If the insurance company refuses to offer a fair settlement, discuss the strength of your case with your attorney. If you have a strong case with evidence that clearly proves negligence and fault, you may benefit from filing a personal injury lawsuit against the at-fault driver. Most people want to avoid litigation, but it is sometimes necessary to ensure you get the compensation you need to cover your losses.
Note: Ohio law states that you have two years after the date of the accident to file a suit and hold the responsible parties liable.
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How often does a court end up deciding liability and compensation in an Ohio car accident case?
Only in rare cases does a personal injury case come down to a judge or jury determining liability and awarding compensation. Even when litigation is necessary, it often prompts the insurer to boost its settlement offer. The great majority of car accident cases settle out of court, either before filing a suit or before the suit goes to court.
How can Bressman Law help me?
Bressman Law is a personal injury law firm with offices serving Columbus, Cleveland, and Cincinnati, Ohio. Car accident attorney David Bressman works with his clients to build the strongest possible case, ensuring they get all of the compensation they deserve and the money they need to recover from the accident.
We offer free, no-obligation consultations where we will review your case and help you determine your legal options after a car accident where you or a loved one suffered severe or fatal injuries.