Will My Ohio Personal Injury Case Go to Court?
Posted in: Ohio Personal Injury
KNR Legal Blog
That’s where a personal injury lawyer can help. At Kisling, Nestico & Redick, we fight to get accident victims the compensation they need to recover and move forward. If you’re unsure about how the process works, what your case might be worth, or whether you need an attorney, this FAQ will get you started.
A personal injury claim is a legal action taken when someone is hurt due to another party’s negligence, like a car accident, a slip and fall, or a work-related incident. The injured person can seek compensation (also called “damages”) for things like medical bills, lost wages, pain and suffering, and more. In Ohio, most personal injury cases are based on negligence, meaning someone failed to act with reasonable care and caused you harm.
You may have a right to compensation if someone else caused your injuries, like in a car crash, workplace accident, or slip and fall. However, you likely cannot file a successful claim if you were solely at fault (for example, in a single car crash you caused). Every situation is different, so speaking with a lawyer is best.
Personal injury compensation is designed to cover the full scope of your losses caused by the accident. This includes medical expenses (hospital bills, surgeries, rehabilitation, future care), lost wages or loss of earning capacity if you can’t work, property damage (repairs or replacement of your vehicle), pain and suffering, and emotional distress. In some cases, punitive damages may also be awarded to punish particularly reckless behavior.
Negligence means someone failed to act with reasonable care. For example, a driver who runs a red light or a store that fails to clean up a spill can be held liable for the injuries they cause. To win a personal injury case in Ohio, you generally need to prove the other party was negligent.
You should always notify your own insurance company about the accident as soon as possible because many policies require it. However, be cautious when speaking to the other party’s insurance company. They may try to get you to admit fault or make statements that could hurt your claim. It’s usually best to speak with a lawyer before giving recorded statements or signing documents to protect your rights.
Ohio uses a rule called comparative negligence. That means if you’re partly at fault, you can still recover damages if you’re not more than 50% responsible. Your percentage of fault will reduce your compensation. Don’t guess or admit fault before speaking with an attorney.
Probably not. Insurance companies often lowball their initial settlements, hoping you’ll take the quick cash. Before signing anything, have a personal injury lawyer review the offer. At KNR, we help clients calculate their total damages and negotiate for full and fair compensation.
Insurance companies often suggest you don’t need a lawyer because settling claims quickly and for as little money as possible is in their interest. They may offer a low settlement before you fully understand your damages or the long-term impact of your injuries. An experienced attorney helps level the playing field and ensures you receive fair compensation.
Not always. Many personal injury claims settle outside of court. But in some cases, filing a lawsuit helps uncover more evidence and pushes insurance companies to act fairly. Your attorney will help you decide whether litigation is the best option.
Most personal injury cases settle out of court through negotiation, so you likely won’t have to go to trial. However, if a fair settlement cannot be reached, your lawyer will prepare your case to be heard in court. In that event, you may need to testify about the accident and your injuries, but your attorney will guide you through the process.
To build a strong personal injury case, you’ll need documents such as:
Proving your case involves demonstrating that the other party was negligent, that their negligence caused your injuries, and the extent of your damages. Your lawyer will gather and organize this evidence to support your claim.
In Ohio, you typically have two years from the date of the injury, or the date you discovered it, to file a personal injury lawsuit. Missing that deadline could prevent you from recovering anything, so talk to a lawyer as soon as possible to protect your rights.
At KNR, we work on a contingency fee basis, meaning you don’t pay us unless we win for you. You get a free consultation; we handle everything from investigations to filing paperwork. Our fee comes from your settlement or jury award, not your pocket.
The timeline varies depending on the case’s complexity, the severity of the injuries, and insurance companies’ willingness to settle. Simple cases might resolve in a few months, while more complicated claims involving serious injuries or disputed fault can take a year or longer. Your lawyer will keep you informed every step of the way.
It depends. Your compensation is based on the severity of your injuries, medical costs, lost wages, and how the injury impacts your life. Cases involving permanent injuries or disability often result in higher settlements. A lawyer can help you estimate your case’s value.
We only get paid when you do. KNR takes a percentage of your final settlement or verdict; you’ll know the terms upfront. There are no hourly fees, no upfront costs, and no surprises.
Yes. Insurance companies are trained to minimize your payout. An experienced Ohio personal injury attorney levels the playing field. At KNR, we handle the legal details so you can focus on healing. We protect your rights, build your case, and fight for the full compensation you deserve.
Look for a lawyer who has:
When hiring, schedule a consultation to discuss your case, ask about their approach, fees, and how involved they will be. The right lawyer will make you feel confident and supported throughout your recovery.
You don’t have to figure this out on your own. If you’ve been injured due to someone else’s negligence, Kisling, Nestico & Redick is here to help you understand your options and fight for what’s fair.
Call 888-434-5280 or fill out our online form to schedule your free, no-risk consultation. We don’t get paid unless you do.