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Auto Accident Injury Claims: Settle or take the Case to Court?

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Car accident injury claims are normally settled before being taken to court for trial in Ohio. The injured person normally sues the driver at fault to demand compensation. This is very simple if the injured person and the driver at fault agree on the accident facts and evidence presented.

In many cases, the injured victim and driver at fault don’t agree and such claims are normally taken to court for trial. As the victim, what is the best option to follow? First, consult with a good personal injury lawyer Toledo who can help you analyze your case details and file a lawsuit.

Taking Your Auto Accident Injury Claim to Trial

First, your lawyer will file a lawsuit at a court of law. Once a lawsuit is filed in Ohio, there is a minimum duration of 6 months before a trial occurs. That means you will have to wait and sometimes it could even take years before a trial is made for your case. After your lawyer has filed a case, the respondent has 20 days to respond, all this eating your time.

After the court case filing, there is a discovery process in which you and the defendant will write interrogatory questions. These questions will be seeking information from both of you to know who is at fault. Alternatively, you can obtain information through witnesses. The last part is trial and this could take a lot of time because several hearings will be done at different dates. Even though you will obtain justice, you will hassle a lot. Lawyers will need a percentage of your compensation as well. You consume time and compensation may be eaten up by the expenses.

Taking a Settlement for Your Personal Injuries and Losses

First, write a demand letter to the driver at fault. The demand letter needs to be detailed describing in a clear manner all that happened on the accident scene. You should also include all medical examinations, treatment, and expenditures. The driver at fault will then take your letter to his or her insurance company and you will be presented with a settlement offer.

If you missed work, include all work records, your last salary and whether you can continue with your job or not. Remember to include all dates of all details and provide official stamps and signatures from the various departments. Write all the details in a chronological order to avoid any misunderstanding. You can then mail your letter to the wrongdoer, his attorney or his insurance company.

Settlement Talks

Once all evidence is filed on your demand letter, the next step is settlement talks and you need to be ready to defend your claim or case.  As the plaintiff, you will get quick settlement processing because most defendants don’t want to be included in the public record for wrongdoing.

The best way to handle your personal injury claim is through a settlement. It is quick and you receive maximum compensation because there are no legal fees imposed on you. You don’t need to spend a lot of time in court. After you win, a significant percentage of your compensation gets eaten by an attorney as fees.

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