If you’ve been injured in an accident, you’ve probably gone the route of many victims. This involves reaching out to the responsible person’s insurance company to file a claim. Through the process, you likely submitted documents regarding the circumstances of the accident, your medical treatment, and rehabilitative care. Sometimes you will miss work due to your injuries. In these cases, you must submit payroll records as requested by the insurance company to cover your lost wages.
Still, even if you crossed every “T” and dotted every “I,” the insurer may still deny your claim. There are a number of reasons for denials. They include disputes over who’s at fault or disagreement of the value of your claim. In any event, filing a lawsuit is the next step and an Ohio personal injury lawyer can help you with the process.
1. File Initial Court Documents
You start a personal injury lawsuit by filing a complaint with the court. It will describe the parties, the details of the incident, information regarding your injuries, medical treatment, and other relevant information. Ohio law requires you to properly serve the complaint along with a summons, which notifies the defendant that you’re suing and provides the details about responding to the lawsuit. You must file the summons and complaint as soon as possible after the insurance company denies a claim since the statute of limitations in Ohio will bar a lawsuit if not filed within two years after the incident.
2. Issue and Respond to Discovery
Discovery is a key component in any personal injury lawsuit, but there are official methods of obtaining information under court procedural rules. Parties can use written discovery tools to access medical records, police reports, payroll paperwork, and other documents that may be useful for either proving or disproving facts relevant to their respective positions. They may also engage in oral discovery in the form of depositions, such as deposing parties or witnesses.
3. Attend Court Hearings and Trial
Throughout the trial process, there are court hearings that parties must attend. At times, it’s necessary to appear because of court rules on status or settlement conferences. In other situations, attendance in court is necessary due to the request of a party in a motion. Attorneys file motions to dismiss the case or address issues related to discovery. Of course, the entire case culminates in a trial where the parties present witnesses, expert testimony, documents, and other evidence.
Consult with a Knowledgeable Ohio Personal Injury Attorney
As you can see, there are multiple next steps after an insurance company denies the claim that you’ve filed in connection with an accident. Litigation is highly complex, and you’re at a disadvantage when you’re up against the skilled attorneys hired by the insurer. By retaining an experienced lawyer, you’re in a better position to recover for your losses, including medical expenses, pain and suffering, and lost wages. If you have questions or would like to set up a case analysis, please contact the Cleveland offices of Tittle & Perlmuter. Our attorneys also represent victims throughout the Northeast Ohio region.