What is Subrogation & How It Affects Car Accident Settlements
Posted in: Car Accidents
If you’ve been hurt in a car accident in Columbus, Ohio, you are likely facing significant financial loss. To recover compensation for your damages and hold the liable party accountable, you may need to file a car accident lawsuit. And while most cases settle, understanding the Columbus car accident lawsuit process improves your odds of success.
At KNR, we’re familiar with Columbus traffic patterns, accident hotspots like I-70, Broad Street, High Street, and the nuances of Franklin County courts. We can guide you every step of the way to make things as straightforward as possible. Learn more when you contact us for a free consultation.Call (614) 487-8669.
There are several reasons to file a lawsuit following a car accident in Columbus.
In Columbus, where many intersections have high accident rates, like at Morse Road and Cleveland Avenue, or near Ohio State University, preserving evidence and acting quickly is essential.
A lawsuit may be necessary when the insurance company disputes liability or refuses to negotiate in good faith. Lawsuits are also common if your car accident injuries are particularly severe, if the case involves complex details, to secure critical evidence through discovery, or if the defendant does not have sufficient insurance coverage.
The decision to file a lawsuit after a car accident will be based on the various factors unique to your situation. However, sometimes, a lawsuit is an effective way to preserve evidence, advance your interests, and take your case seriously.
In Columbus, car accident lawsuits are filed in the Franklin County Court of Common Pleas if the damages exceed $15,000. For smaller claims (under $3,000), you may need to pursue your case in Franklin County’s Small Claims Court.
This court is conveniently located at 373 South High Street, Columbus, OH 43215. Knowing where and how to file can save time and ensure your case moves forward without delay
In the aftermath of your car accident, there are specific steps to take, including:
Evidence plays a vital role in every car accident case, particularly in Columbus, where busy streets and heavy traffic can complicate liability. It can be used to defend yourself and prove the other parties’ liability. Examples of evidence that you should focus on include:
Since the evidence you collect can significantly impact your case’s outcome and are an essential part of the car accident lawsuit process.
Your health should be your top priority after a car accident. Therefore, you should seek medical attention immediately. Columbus boasts top medical facilities like OhioHealth Grant Medical Center and The Ohio State University Wexner Medical Center, where you can document injuries and begin your recovery.
If a doctor prescribes a medical treatment, follow their instructions to ensure that you treat your injuries and return to your pre-accident condition. Adhering to a treatment plan also shows the extent and severity of any injuries you incurred from the car accident. If you choose not to seek medical treatment or stop early, the liable party may argue that you’ve exaggerated your injuries.
If witnesses saw your accident on high-traffic streets like Olentangy River Road, try to obtain their contact information, as they can help support your case. Once you collect their information, share it with your attorney. KNR’s team will contact the witnesses, document their accounts, and use their information to strengthen your case.
Understand that you have the right to recover fair compensation for your damages. Since insurance companies are in business to make money, the liable party’s insurer may try to convince you to accept a settlement offer far less than what you deserve.
You must seek legal representation to ensure you are not taken advantage of and obtain the fair and full compensation you are entitled to. An experienced Columbus car accident lawyer can inform you of your rights, communicate with insurance companies, and make sure your rights are protected.
After your car accident lawsuit has been filed in the appropriate Columbus civil court, your attorney will review the defense’s evidence through a process known as discovery. In preparation for your trial, your attorney must also turn over the evidence and case you have built against the defendant.
In Franklin County, pretrial motions occur at the Court of Common Pleas, where your case could be resolved without going to trial. However, preparing thoroughly ensures you’re ready for any outcome. While many cases can be resolved prior to an official trial, preparing for court can go a long way in helping you recover maximum compensation for your damages.
Your attorney will present your case to a judge or jury, illustrating how the defendant’s actions caused your accident. Your attorney will call witnesses, introduce evidence, and explain why the defendant is at fault.
Then, the defense will have an opportunity to refute your claims and introduce evidence. You can expect them to look for opportunities to blame you, as this could reduce their financial obligation.
Once all evidence has been presented, the judge or jury will review the evidence in detail and deliberate. Once they have decided, they will return to court and render a verdict. If the outcome is in your favor, the defense will be compelled to compensate you based on the amount awarded by the jury.
However, if the jury does not agree that the defendant is liable for your damages, the defendant will not be ordered to compensate. In some cases, you may have the opportunity to file an appeal with the higher court.
A car accident lawsuit in Columbus is usually very technical and legally complex. The insurance company will have attorneys handling the process on their behalf, and you should also benefit from professional insight.
An experienced Columbus trial attorney should know the local courts, judges, and legal processes. We’ll help ensure your evidence meets legal standards to maximize your compensation.
Additionally, since many first insurance settlement offers are insufficient to meet an injury victim’s needs, going to trial may be your best opportunity to be awarded maximum compensation. If that’s the case, you’ll want someone who can guide you and develop a plan of action.
Kisling, Nestico & Redick has extensive trial experience and a record of courtroom success. With KNR by your side, you will have access to the resources needed to handle any car accident case from start to finish.
In Columbus, the time to resolve a lawsuit varies based on case complexity. Most cases settle within months, but extensive injuries or disputed liability can take longer.
According to Ohio Revised Code (ORC) Section 2305.10, the statute of limitations for filing a car accident lawsuit is two years from the date of the injury. If you do not file within this two-year time frame, you may not be able to recover damages.
You are not required by law to testify at your own civil trial. However, the jury hearing firsthand how your injuries have affected your life could considerably impact the outcome. Your attorney can review the specific details of your car accident to determine whether your testimony at trial is appropriate and necessary.
Unfortunately, you may be in a position where you must file a car accident claim on behalf of a loved one. For example, if your child suffered an injury in a car accident, as their parent, you may be able to pursue the compensation they deserve. You can also file a wrongful death claim if a loved one suffered fatal injuries. It’s best to discuss your eligibility to bring legal action on behalf of another with an attorney.
At Kisling, Nestico & Redick, we know Columbus. From its roads to its courts, we’re equipped to handle your case efficiently and effectively.
Call us at (614) 487-8669 for a free, no-risk consultation. Let us help you get back on track.
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