FAQS
Thorson Switala Mondock & Snead LLP
How do personal injury attorneys get paid?
Personal injury attorneys typically operate on a contingency fee basis. This means they only receive payment if your case is successfully settled or wins a favorable court judgment. The fee is usually a percentage of the settlement or judgment, typically ranging from 25% to 40%, depending on case complexity and risk. Attorneys may also cover initial case expenses, such as obtaining medical records or expert reports. It's important to discuss fee structures and expense handling with your attorney before hiring them. Some may require clients to reimburse expenses if the case is unsuccessful.What is the statute of limitation for a personal injury claim in Ohio?
In Ohio, the statute of limitations for personal injury claims is generally two years from the date of the incident, as stated in Ohio revised code section 2305.10(a). For minors, this period is extended until their 18th birthday, effectively giving them until their 20th birthday to settle the claim or file a lawsuit. It's crucial to be aware of these time limits to ensure your claim is filed within the legal timeframe.The insurance company sent me a medical authorization. Should I sign it?
It's advisable to exercise caution before signing a medical authorization from an insurance company. These forms often grant broad access to your entire medical history, which may be used to challenge your claim. Insurance companies might use unrelated medical information to discredit your case. If you haven't hired a personal injury attorney, it's recommended to consult one before signing any documents. An experienced lawyer can help protect your privacy and ensure only relevant medical information is shared.The insurance company wants me to give a statement. Should I talk to them?
It's generally not advisable to provide a statement to an insurance company without legal representation. Insurance adjusters are trained to ask questions that may lead to responses that could potentially limit or deny your claim. Before speaking with the insurance company, it's recommended to consult with a personal injury attorney. They can prepare you for the statement, ensuring you provide accurate information while avoiding potential pitfalls that could harm your case.The car accident wasn't my fault. Should I still report the accident to my auto insurance company?
Yes, it's important to report the accident to your auto insurance company, even if you weren't at fault. Most insurance policies require prompt reporting of potential claims. Additionally, your policy may include benefits that apply regardless of fault, such as medical payments coverage or uninsured/underinsured motorist coverage. These can be valuable in maximizing your recovery. Consult with a personal injury attorney to understand how your auto insurance policy can be utilized effectively in your case.The hospital sent me a bill after my car accident. Am I responsible for paying it even if I'm not at fault?
Legally, you are responsible for the medical bills you incur, even if the accident wasn't your fault. While the at-fault party's insurance should eventually cover these expenses, they typically don't pay bills as they come in. Instead, they settle all costs in a lump sum at the end of your claim. This can leave you with outstanding bills in the meantime. A personal injury attorney can advise you on options for managing these bills and protecting your credit while your claim is pending.I still don't feel better. Should I settle with the insurance company before my treatment is complete?
It's generally not advisable to settle your claim before your medical treatment is complete. Once you agree to a settlement, either verbally or by signing a release, the insurance company is no longer obligated to cover any future medical expenses, lost wages, or pain and suffering related to the accident. It's crucial to understand the full extent of your injuries and treatment needs before considering any settlement offer. Consulting with a personal injury attorney can help you make an informed decision about when it's appropriate to settle your claim.I'm afraid to go to court. Do I have to file a lawsuit?
Many personal injury cases are resolved through negotiations with the insurance company, without the need for a lawsuit. However, having legal representation can provide leverage in these negotiations, potentially leading to a fairer settlement. If a satisfactory agreement can't be reached, filing a lawsuit may become necessary. An experienced personal injury attorney can guide you through this process, helping you determine whether settlement or litigation is the best course of action for your specific case.Do I file a lawsuit against the negligent party or their insurance company?
In a personal injury case, the lawsuit is filed against the negligent party, not their insurance company. The defendant's insurance provider will typically provide legal representation and cover any settlement or judgment up to the policy limit. It's important to note that in most cases, Ohio rules of evidence prevent the jury from knowing about the defendant's insurance coverage. A personal injury attorney can help you navigate the legal process and determine the best approach for your specific situation.Can my health insurance company assert a lien against my personal injury settlement?
Health insurance companies often seek reimbursement for medical expenses they've covered related to your accident. Whether they can legally assert a lien or claim reimbursement depends on the specific language in your health insurance policy. If reimbursement is required, a personal injury attorney may be able to negotiate with the insurance company to reduce the amount owed. It's advisable to consult with a lawyer to understand your obligations and explore options for managing any potential liens against your settlement.







