Avoid Settlement Mills by Working with a Real Personal Injury Lawyer
Posted in: Car Accidents
KNR Legal Blog
When you suffer a serious injury because someone acted negligently—whether in a car accident, slip and fall, or another preventable incident—it’s normal to feel overwhelmed. You probably know you’re entitled to compensation, but questions quickly arise: How much is a personal injury claim worth in Ohio? What damages are covered? Should I accept the insurance company’s first offer?
The truth is, navigating a personal injury settlement in Ohio is rarely simple. The process can involve medical documentation, insurance negotiations, and even legal disputes. That’s why it’s so important to work with a trusted, experienced personal injury law firm.
Were you injured in Ohio? Call KNR today at 1-800-HURT-NOW for a free, no-obligation consultation.
Here are some typical questions we hear from our clients related to personal injury settlements in Ohio:
Personal injury claims are meant to make you financially “whole,” as if the accident didn’t happen. As such, a personal injury settlement should cover all of your damages, including past and future losses, such as:
Settlements don’t always specify what they are recouping. The insurance company will likely make you a broad offer that they think is acceptable for all of your damages. However, these are typically for a lot less than you’d recover by working with an attorney who focuses on getting you enough to cover everything.
Getting a fair settlement from the insurance company can take months or even years. They will often make you a lowball offer within weeks of your accident. However, your lawyer must negotiate with them to get what you deserve.
According to Nolo.com, the average time it takes a personal injury claim to resolve is 11.4 months. That time can vary greatly depending on whether you have an attorney, if you file a lawsuit, and how negotiations go.
Delays in your personal injury settlement can happen for several reasons—some in your control, some not. Common causes include ongoing medical treatment, disputes over liability, insurance company tactics, or if your case needs to move to litigation.
Waiting until your medical condition stabilizes can increase your claim’s value, as it ensures all future costs are factored in. However, it’s important to manage expectations and stay informed.
The insurance company will often make a quick settlement offer after an accident. They want to get rid of it as quickly and cheaply as possible. However, the first offer is rarely their best offer. You should look out for insurance surprises and work with an attorney to help you get the maximum offer possible. This often requires several demands before you reach a resolution.
Nolo.com reports that victims who accepted the insurance company’s first offer got an average settlement of $11,800. This compares to people who negotiated a settlement, which brought an average settlement of $42,500.
Every case is different, but Nolo.com reports that victims almost always get more money when they work with an attorney. Victims who hired a lawyer received an average of $77,600 in compensation. This compares to an average of $17,600 for people who did not use a lawyer. You can expect to get several thousand dollars from a personal injury settlement, but there are ways you can maximize your outcome.
If your injuries require surgery, it can significantly increase your claim’s value. Surgery typically signals greater medical costs, longer recovery, and potentially permanent limitations, which all increase non-economic damages like pain and suffering.
Insurance companies often offer more substantial settlements when surgery is involved, mainly when your legal team documents the long-term impact.
Yes. If your health insurance paid for any medical treatment related to your accident, they may assert a right to reimbursement—this process is called subrogation. Your lawyer can often negotiate with these providers to reduce what you owe, allowing you to keep more of your final settlement. This is a key reason to work with an experienced personal injury attorney in Ohio.
After you accept a personal injury settlement, the insurance company will send a release to your attorney. You will likely have to go into your attorney’s office to sign the release. It will assert that you no longer have any claim against the at-fault party.
Once the release is signed, the insurance company will send your settlement funds to your attorney. Your lawyer will take their fees and costs from your compensation. Then, your attorney will give you the remainder. Many of these steps can also be done electronically to expedite the process.
Most personal injury settlements are not taxable under federal or Ohio law, especially compensation for physical injuries or medical bills. However, certain portions, such as punitive damages or interest, may be taxable. It’s important to review your settlement breakdown and consult a tax professional.
Most personal injury claims in Ohio settle out of court, but not always. Settling offers a faster resolution and guaranteed compensation. However, if the insurance company refuses to offer a fair amount, going to trial may be your best option to get what you deserve.
Generally, no, you cannot pursue more money after accepting a personal injury settlement. Once you agree to a settlement, you’ll be required to sign a release of claims, which legally waives your right to seek additional compensation from the at-fault party or their insurance company, even if new injuries or costs arise later.
This is why working with an experienced Ohio personal injury attorney is critical before signing anything. Your lawyer will ensure that the settlement fully accounts for all current and future damages, including ongoing medical care, lost earning potential, and pain and suffering. If you’re unsure whether to settle or keep negotiating, don’t rush—a knowledgeable attorney can help you make the right call.
You should contact an attorney as soon as possible after an accident where you’re injured. Your lawyer will need to collect evidence and work fast to preserve your right to compensation. Kisling, Nestico & Redick has an experienced team of lawyers who are eager to help.
Let KNR evaluate your claim and answer your questions. Call 1-800-HURT-NOW today for a free, no-obligation consultation.