Legal Question in Personal Injury in Ohio

I have a case that has been filed back in 2006 on a personal injury. Thenthe case was dismissed without predj. in 2006. I have till 2014 to bring this back to court due to my son being a minor, now no lawyer wants to touch the case because there is no insurance on the property for mold. I've tried civil attorneys and personal injury. What do I do where do I go? Small claimes? Where is the justice? Why can't someone go after them individual?


Asked on 8/10/11, 9:30 am

1 Answer from Attorneys

Melissa Lipchak Melissa R. Lipchak, Attorney at Law

If you go to Small Claims Court, the highest amount of damages that can be awarded is $3,000.00. The person can be sued individually, but without insurance, it may be difficult to collect any judgment that your son may be awarded. The person may or may not have assets. The person may or may not be employed and have wages to garnish. There are out-of-pocket expenses incurred in bringing a lawsuit. These expenses include the filing fee for the lawsuit, additional court costs including the cost of a jury, the cost of presenting expert witnesses at trial, the cost of exhibits, copies of medical records and bills. If there is no insurance and the person you are suing has no assets, then these costs may not (and most likely willl not) even be recovered and you could be in a worse position economically than if you had done nothing.

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Answered on 8/10/11, 9:51 am


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