Can You Sue if You Signed a Liability Waiver in Ohio?
Posted in: Legal Blog
KNR Legal Blog
When you have been hurt in a serious accident, you may worry the situation will turn into a lengthy legal battle. In this case, you are probably asking yourself, “Will my personal injury case go to court?” Although unlikely, your case could go to court. However, a significant percentage of personal injury cases are settled before trial.
To further discuss the possibility of a personal injury settlement or trial, call an Ohio personal injury lawyer at Kisling, Nestico & Redick at 1-800-HURT-NOW for a free case consultation. With decades of personal injury experience behind us, we can review your case and discuss the possibility of going to court.
We may be able to fight for a relatively quick settlement, enabling you to move on from the situation only weeks or months after the accident. However, this entirely depends on the amount of evidence against the other party and their insurance situation.
If it is unclear who is wholly at fault or the liable driver does not carry insurance, a quick settlement is unlikely and your case will require further negotiations. However, if the responsible party has a good insurance policy, then our attorneys will negotiate with the insurer in order to get you the compensation you deserve under the law.
We can never guarantee a fast resolution to your situation. However, we always strive to resolve your case as efficiently as possible.
Whether or not you intend to go to trial in the coming months, you may need to file a personal injury lawsuit. The purpose of filing a suit is to utilize the discovery process and gain information that supports your claim.
During the discovery process, each party involved exchanges information. You may need a great deal of information from the other individual or business. If you are hurt in a trucking accident, we may want any internal data. We may also request information from the trucking company regarding the vehicle’s maintenance history and the trucker’s driving record and hours of service. In addition, if you were harmed in a slip and fall case, we may need information from the property owner regarding how and when they inspect and maintain their property.
During this period in a lawsuit, your attorney can also depose other individuals involved in the situation. The statements gathered through depositions can be essential in building the facts of your case and obtaining useful evidence.
Discovery is handled by your attorneys and rarely requires you to appear in court. The most common reason you may need to be involved is if the other party deposes you, though this is typically done at a law office.
Beyond the benefits of the discovery process, filing a lawsuit encourages the other party to take you seriously. If the at-fault party’s insurer wanted to settle for an extremely low amount, filing suit can show you are serious about obtaining the compensation you deserve under the law.
In most cases, our attorneys at Kisling, Nestico & Redick will reach a settlement agreement that adequately compensates you for your physical, psychological, and financial injuries. However, if the at-fault party or insurer refuses to settle or to make an appropriate offer, a trial is your next option for recovering compensation.
To learn more about moving forward with a personal injury claim and whether it may require going to court, contact us at 1-800-HURT-NOW or online to schedule a free case assessment today.