Legal Question in Personal Injury in Ohio
should I get an attorney ?
I was rear-ended by a pickup truck while stopped to make a turn - the other driver was cited for failure to yield. This was 19 months ago. I have undergone medical treatment which my car insur. co. paid for the 1st year. I talked to a few lawyers who said wait to see if any permanent injuries. My treatment has not been on a regular basis due to my work schedule & deadlines it is difficult to get time off. My car was totalled (small vehicle - didn't get much for it). I accepted funds for the car only from the other driver's insur co. I plan to get an MRI soon to help determine extent of injury. SHould I get an atty now even tho I waited this long to get one or try to settle myself? Will the fact I didn't get regular treatment hurt my chances of getting a decent offer to settle? I have pictures I took of my car - it was pretty smashed up. I am still having pain I am afraid will never go away at least not in the near future. I received a letter from the other driver's insur co. asking me to call them.
3 Answers from Attorneys
Re: should I get an attorney ?
The statute of limitations is two years from the date of injury. If you do not settle your claim by that time or file a complaint in court, you will be forever barred from asserting any claim you may have.
The irregular treatment will cause the insurance company not to want to give credit to your injuries. It might also cause a jury not to believe that you have been injured considerably. If you need a MRI, then your physician must beliive that you are continuing to experience problems related to the accident and I would advise you to seek an attorney's assistance.
Please contact me if you have further questions or would like to discuss your circumstances further.
Re: should I get an attorney ?
You only have two years from the date of injury to file a claim against the person that hit you, so you need to speak to an attorney soon.
Your treatment history may present some difficulty. It will be necessary to medically relate the cause of your injuries to the accident. Your failure to seek consistent treatment may raise a question about the seriousness of your injuries.
Contact me at 216.241.2500 at your earliest convenience to discuss your case in detail.
Re: should I get an attorney ?
You should definitely get an attorney because your rights will expire soon (2 years from the date of accident). If an MRI is required at this point, then your injury could be permanent and substantial. An atty almost always will net you more $.
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