Randolph H. Freking Labor and Employment Law Blog on Lawyers.com

Common Misconceptions about Cincinnati accident lawsuit

1)  I don’t need an attorney.

Some people think that they don’t need an attorney to represent them in an accident lawsuit.  People who represent themselves or those who have an inexperienced attorney representing them often receive less compensation than those who seek the advice of a qualified accident attorney.  Since tort reform law passed in 2005, it is now more important then ever to obtain professional legal counsel in personal accident lawsuits.  There are many changes in the laws that could affect your rights and impact the value of the damages you receive.

2)  I can’t afford an attorney.

The truth is you can’t afford not to have an attorney representing you in an accident law suit. Many accident cases are taken on a contingency basis, so you only pay a percentage of the value of the settlement or award that you receive.  Insurance companies and their attorneys will attempt to devalue or eliminate your claim and sometimes use deceptive strategies to rob you of your rights to damages.  They may offer unfair and unreasonable settlements to those who are ignorant of the full value of the claim and an effort to avoid lengthy negotiations and a possible trial.

3) I can file a law suit later.

Ohio statutes limit the amount of time you have to file a personal suit against a defendant.  Generally, you have two years for personal injury, but exceptions do apply for injured minors.  The statute of limitations for medical malpractice is now one year, except for minors and in cases where an object has been left inside the body after surgery. Product liability and wrongful death cases must be filed within two years of the event. Significant exceptions and limitations exist under the new tort laws, making it wise to consult with a qualified attorney.

4) I may have been partially to blame for my accident, but I can still collect damages from others who are at fault in my accident.

You may be able to recover losses as long as you were no more than 50% to blame for the accident.  Under what is called modified comparative negligence injured plaintiffs in Ohio can recover damages for their losses in an accident for an amount that is proportionate to their degree of fault.  If a plaintiff is more than 50% responsible, then they cannot receive any damages.

This article was presented by Cincinnati accident injury attorneys:

Freking & Betz, LLC
525 Vine Street, Suite 600
Cincinnati, Ohio (OH) 45202
513-721-1975
www.frekingandbetz.com