After you or someone you love suffers a serious injury in an accident in or around Cleveland, it can be difficult to know what type of claim you should file. You may be wondering if you should file an insurance claim or a lawsuit. If you are certain you need to file a lawsuit, it may not be clear whether you should be filing a personal injury lawsuit or a wrongful death claim.
You might have read information about both types of claims, and you may be unsure which category your loss fits into. Distinguishing among these options can be complicated, but you should know that I can help with your case. I can advise you on the best path forward for seeking compensation and getting you the financial compensation you need. In the meantime, let me tell you more about each of these claim types.
When to File an Insurance Claim
Generally speaking, most people will file an insurance claim (instead of starting out with a lawsuit) after a car accident in Cleveland, or after another type of accident in which the at-fault party may be insured. Motor vehicle crash claims usually begin with an insurance claim. Other types of accidents and injuries can sometimes begin with insurance claims, too. For example, sometimes when a person gets hurt in a premises liability incident like a slip and fall, the homeowner or commercial property owner may have an insurance policy that can compensate the injured person. In some dog bite cases, as well, an injured person might start by filing an insurance claim.
It is difficult to say whether it is best to begin with an insurance claim without knowing the specific facts of your case. If you give me a call, I can discuss your options for moving forward with a claim and can tell you more about the benefits and limitations of each.
Personal Injury Lawsuits
A personal injury lawsuit is a civil lawsuit that an injured party files against the at-fault party (or parties) after sustaining injuries. In a civil lawsuit, Ohio law gives the injured party two years, in most cases, to file a claim. Once two years from the date of the incident have passed, the injured party cannot file a claim. Most personal injury cases are brought on a theory of negligence, but they can also be brought on other legal theories, such as a theory of strict liability.
To be clear, the injured party is the person who needs to file the lawsuit.
Wrongful Death Claims
The distinction between personal injury lawsuits and wrongful death lawsuits can be confusing, but in short, if the person who sustained injuries died as a result of those injuries, then a wrongful death lawsuit is likely appropriate. Wrongful death law in Ohio is related to personal injury law in that it allows a plaintiff to seek compensation for injuries from an at-fault party. However, in a wrongful death case, the injured person is no longer alive to file a claim. Accordingly, a personal representative will file the lawsuit. Wrongful death law, in effect, allows that personal representative to stand in the shoes of the injured person to seek compensation.
Contact Me for Help with Your Injury Claim
Do you have questions about how to seek compensation after an accident? Call me today at 877.944.4373. I’ll Make Them Pay!®