Legal Question in Personal Injury in Ohio

When to sue

Should the claimant be completely healed before the lawsuit is filed in a personal injury case? The other person was cited in a motor vehicle accident. It is 9 months and 5 surgeries later. all surgeries are complete.


Asked on 6/21/07, 3:20 pm

3 Answers from Attorneys

Melissa Lipchak Melissa R. Lipchak, Attorney at Law

Re: When to sue

Determining when to file a lawsuit depends on a number of factors. If the statute of limitations (2 years from the date of accident) is not approaching, the attorney may try to settle the claim prior to filing a lawsuit. If a person has additional physicians' appointments, it may be a better idea to wait until after all of the appointments are completed. Also, it may be a good idea to wait to see if any additional complications arise. Each case is different and there are no hard and fast rules. In order to determine the amount of damages, it is a good idea for a person to be healed prior to filing a lawsuit to determine if there are going to be any permanent damages for which the person should be compensated.

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Answered on 6/21/07, 3:30 pm
Willard Hanner Hanner Law Firm

Re: When to sue

Not necessarily. Have you talked to a lawyer personally?

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Answered on 6/21/07, 4:00 pm
David Davies Law Office of David H. Davies

Re: When to sue

A law suit in a personal injury suit should be filed as soon as it becomes apparent that the insurance company is not going to pay enough money. Sometimes that is shortly after the injury-within days. Other times that is a year or so down the road.

Filing a lawsuit is not the same as settling a claim. You should not settle a claim without knowing what the damages are because you can not come back later for more. You can file the law suit even if there is more medical care needed. Law suits take a considerable amount of time and it is often a good idea to file to get things moving even while you are still treating.

If you have an attorney you should discuss this with him or her. If you do not I will be happy to answer questions for you in more detail if you give me a call. I have been representng injured people for more than 30 years and will be happy to talk to you-No charge or obligation for the call.

Good Luck!

DH Davies

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Answered on 7/02/07, 1:27 pm


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