Do You Have a Personal Injury Claim? 10 Key Questions After an Accident in Ohio

If you’ve been involved in an accident in Ohio, you will want to find out if you have a personal injury claim. Filing a personal injury claim provides an opportunity to seek financial compensation for your losses, and, in many cases, victims’ accident-related losses can add up very quickly. So, should you hire a Columbus personal injury lawyer to represent you?

10 Important Questions After an Accident

Whether you have a personal injury claim depends on the specific circumstances involved in your accident. It also depends on what you have (or haven’t) done since the accident happened. With this in mind, here are 10 key questions for determining whether you may be able to take legal action:

1. Were You Injured in the Accident?

To have a personal injury claim, you generally need to be dealing with an accident-related injury. If you were involved in an accident but you are completely fine, you don’t have a claim under Ohio law.

With that said, the term “injury” is interpreted very broadly in Ohio. It is interpreted so broadly, in fact, that accident victims can file claims based solely on emotional distress in some cases. This requires severe emotional distress, which generally requires a fairly severe accident. If you witnessed your child being severely injured in an accident, for example, this might be a scenario in which a claim for “negligent infliction of emotional distress” is warranted (in addition to a claim for your child’s injuries).

In most cases, however, personal injury claims are based on the physical injuries of accident victims. Soft tissue injuries, broken bones, nerve damage, spinal cord damage, concussions, and other types of physical trauma can all give rise to personal injury claims in Ohio.

2. Do You Remember Where and When the Accident Happened?

Filing a personal injury claim requires evidence of liability. In a typical case, gathering evidence of liability will start with conducting a forensic investigation at the scene of the accident.

This means that your Columbus personal injury lawyer will need to know where and when the accident happened. If it happened fairly recently, this might not be an issue. But, if it has been a while since the accident, if you suffered a traumatic brain injury in the accident, or if you need to file a claim on behalf of a child or another family member and you weren’t present when the accident happened, this could be more challenging. If necessary, your personal injury lawyer may be able to contact the police or work to gather information about the accident through other means.

3. Do You Have Photos or Other Evidence from the Accident Scene?

While not strictly necessary, having photos or other evidence from the accident scene can assist your lawyer in evaluating your legal rights as well. With this in mind, you should keep everything that you have.

You should also keep everything you have to yourself. In other words, you should not post photos or videos of the accident on social media. If you do, the insurance companies may try to use your posts against you. Once you have gone through the personal injury claim process, you can share your story.

4. Is It Possible that the Accident was Someone Else’s Fault?

In Ohio (as in other states), filing a personal injury claim typically requires proof of negligence. Negligence can take many different forms, and if you have any reason to think that the accident may have been someone else’s fault, it will be worth talking to a Columbus personal injury lawyer about your legal rights.

Negligent driving, negligent property maintenance and numerous other forms of negligence can give rise to personal injury claims under Ohio law. Even if you think that you may have been partially at fault, you should still schedule a free consultation. Determining fault will require a thorough investigation, and even if you were partially at fault, you may still be entitled to partial financial compensation.

5. Has It Been Less Than Two Years Since the Accident?

Ohio has a two-year statute of limitations for most personal injury claims. This means that in order to seek just compensation, you must typically take legal action within two years of the date of your accident.

With that said, it is best to take legal action as soon as possible. While you may have up to two years (in most cases), it is best not to wait any longer than necessary. Waiting can make it more difficult to investigate your personal injury claim, and if key evidence disappears, you might not be able to collect the financial compensation you deserve.

At a minimum, waiting to take legal action will delay the resolution of your claim—which could mean facing the costs of the accident for longer than you need to. To protect yourself and your loved ones to the fullest extent possible, we strongly recommend that you speak with a Columbus personal injury lawyer as soon as possible.

6. Were You Working At the Time of the Accident?

If you were working at the time of the accident, this will have important implications for your legal rights. In this scenario, you may need to file a workers’ compensation claim instead of a personal injury claim. Under Ohio law, employers are generally immune from their employees’ personal injury claims—even when their negligence is to blame for their employees’ injuries.

However, injured employees may be able to file workers’ compensation claims and personal injury claims in some cases (i.e., when a company other than their employer is responsible for the accident). Additionally, not all work-related activities are covered under Ohio’s workers’ compensation law. For example, in most cases, car accidents during the morning or evening commute are not covered under workers’ compensation. At Malek & Malek Law Firm, we handle both types of cases, and we can help you assert your legal rights whether you have a personal injury claim, a workers’ compensation claim, or both.

7. Did You Seek Medical Treatment for Your Injuries?

Along with evidence of liability, filing a personal injury claim in Ohio also requires proof of your injuries. This makes it important to seek medical treatment as soon after the accident as possible. When seeking medical treatment after an accident, you should be sure to:

• Tell your doctor that you were injured in an accident;
• Describe your symptoms with as much detail as possible; and,
• Make sure you have a clear understanding of your diagnosis and your doctor’s treatment recommendations.

You also should not hesitate to seek a second opinion if you have concerns, and if you notice additional symptoms after your initial visit, you should schedule another appointment (or go to the emergency room) promptly. After a serious accident, getting the treatment you need is important for protecting your health and your legal rights, and it is important to be your own advocate at this stage.

8. Have You Followed Your Doctor’s Advice?

It is important to get the treatment you need not only in the immediate aftermath of an accident, but also on an ongoing basis. In other words, you need to do your best to follow your doctor’s advice. If you cancel your therapy appointments, if you exercise when you should be resting, or if you return to work too soon, these are all mistakes that could make it more difficult to recover the financial compensation you deserve.

9. Have You Already Filed an Insurance Claim?

While you can (and generally should) file an insurance claim after a car accident, you need to be extremely careful when dealing with the insurance companies. If you settle your claim, you will lose the right to seek additional compensation—even if you didn’t realize that accepting a check meant waiving your legal rights. By hiring a personal injury lawyer as soon after your accident as possible, you can make sure the insurance companies don’t take advantage of you.

10. Are You Prepared to Work with Your Lawyer to Seek Just Compensation?

Finally, while it is important to rely on an experienced personal injury lawyer to seek just compensation on your behalf, it is equally important that you are prepared to work with your lawyer throughout the process. Your lawyer will need your input at various steps along the way. By working closely with your lawyer, you can maximize your chances of success, and you can minimize your chances of making mistakes that jeopardize long-term physical, emotional and financial wellbeing.

Schedule a Free Consultation with a Columbus Personal Injury Lawyer at Malek & Malek Law Firm

Were you (or was a loved one) injured in an accident in Ohio? If so, we strongly encourage you to contact us for more information. To discuss your legal rights with an experienced Columbus personal injury lawyer at Malek & Malek Law Firm in confidence as soon as possible, please call 888-444-7440 or tell us how we can help online today.