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Call Us Today: (614) 538-1116
  • Home
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Home » Frequently Asked Questions » Personal Injury » Will I Have to Go to Court if I File a Personal Injury Claim?

Will I Have to Go to Court if I File a Personal Injury Claim?


In most cases, you do not have to appear in court to recover compensation for an injury in Ohio. In general, there are two ways to try to get compensation to cover your expenses and losses related to an accident caused by negligence. You can:

  • File an insurance claim against the at-fault party’s liability insurance policy (usually auto, business, or homeowner’s/renter’s insurance); or
  • File a personal injury lawsuit.

At Bressman Law, we will file your insurance claim and attempt to settle with the insurance company. But we prepare your case so that we are ready to go to court, if necessary. To talk to a personal injury lawyer about whether you will have to go to court if you file a claim, call us at (614) 538-1116.

Related: Can I Sue For a Lisfranc Injury Suffered During A Car Accident in Ohio?

The Advantages of Settling an Insurance Claim vs. Going to Court

We prefer to settle personal injury cases out of court by negotiating a fair settlement with the insurance company. There are several advantages to settling with the insurer.

When we negotiate a settlement, it gives us more control over how much we can collect than if a jury decides case value in court. It may also take less time to settle an insurance claim than to take a case to court. An out-of-court insurance settlement also avoids the costs of litigation.

What to Expect From the Ohio Claims Process

Every case we handle begins with a full investigation to identify and collect evidence that proves fault. After we obtain the proof we need to build a strong case, we will start the process of filing your personal injury claim. This process includes:

  1. Drafting and sending a demand letter to the at-fault party’s insurance company describing our case and the nature of your damages;
  2. Reviewing the response to our demand letter — usually a low counter-offer;
  3. Negotiating a fair settlement agreement that considers the full range of your losses and expenses; and
  4. Reaching a fair settlement, when possible, and reviewing the paperwork with you to ensure you understand the agreement.

As you can see, none of this requires you to appear in court or even meet with a representative of the insurance company.

For a free legal consultation, call (614) 538-1116

Related: Does The At-Fault Party Pay For My Accident Injury & Property Damage Expenses?

When Is It Necessary to File a Civil Suit After an Injury in Ohio?

There are times when we might have to file a civil action to recover the compensation you need and deserve after an Ohio personal injury accident. This could be necessary if:

  • The negligent party does not have insurance;
  • The insurance company denies our claim; or
  • The insurance company refuses to offer a fair settlement.

We have the resources necessary to litigate your case if we believe it is the only way to get the money you deserve.

If your case goes to court, we can help you understand what to expect from the civil court process. We will provide legal support, advice, and guidance, and will be with you every step of the way.

Related: How Much Can I Seek for Pain and Suffering from A Car Accident Injury in Ohio?

Need Help With a Personal Injury Claim? Call Bressman Law

Bressman Law wants every client to feel like a member of the family. We offer one-on-one attention and pride ourselves on knowing each client by name. We can help you understand what to expect every step of the way. Our staff is always available to address your concerns and answer questions as you have them.

If you need help with your personal injury claim, call us today at (614) 538-1116 for a free consultation.

Call or text (614) 538-1116 or complete a Free Case Evaluation form

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        Dublin Location
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        Dublin, OH 43017
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        9435 Waterstone Blvd #130
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        Phone: 513-434-1818
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        Phone: 614-538-1116
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