Legal Question in Personal Injury in Ohio

small claims court

Here is my Question..We had a lawsuit going on now for about 4.5 yrs..We did finally settle out of court but we did not get what we were entitled to us..Shouldnt the homeownere insurans pay for the bills that accured and it should not be taken out of our settlement that it should be totally separate..And also could we file a small claims even though we settled out of court..Thank-you


Asked on 7/25/03, 3:30 pm

1 Answer from Attorneys

Timothy Hess T. Hess & Associates, LLC

Re: small claims court

Once there is a settlement reached between you and the defendant, that cuts off any and all claims that you may have against the defendant.

No. You can not settle and then turn around and sue them in small claims court.

ALso, what ever the settlement amount is, that amount encompases all of your damages. So whatever bills accrued during the litigation should have been figured into the settlement amount.

WHatever you received as a settlement is what you have to apply to those bills.

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Answered on 7/25/03, 4:45 pm


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