Copyright © 2022 Charles E. Boyk Law Offices, LLC. All rights reserved. Reproduced with Permission.
What few people may be aware of is the time limits the state of Ohio has for personal injury claims. The statute of limitations in a bowling green personal injury case, while seemingly lengthy, has the potential to expire for all victims of accidents. This time limit was implemented so that evidence used in personal injury cases is contemporary and relevant. Despite this, many people do not know if they even have a claim or recourse against negligent parties, let alone information regarding deadlines.
Fortunately, there are attorneys who have experienced in these cases who could help victims draft a claim against negligent parties.
In the Bowling Green case, the statute of limitations was two years from the date of death to settle or pursue a claim for money damages under Ohio law. The attorneys were aware there was a large amount of under-insured motorist coverage and that making an insurance company pay for the case by making a demand for settlement alone. Proving the case was necessary.
There was a long and close relationship between the victim and the victim’s late spouse and between the late spouse and their grandchildren. Attorneys knew if they could present evidence of that relationship, it would substantially strengthen the case. The decision was made to file a lawsuit early to show the underinsured motorist carrier the strength of the case. Doing this enabled the attorney to substantially increase the value of the case and the attorney’s ability to resolve it in a shorter period of time, as opposed to if they had simply made a demand for settlement.
The statute limitations on a wrongful death case under Ohio and Bowling Green law is two years from the date of the death of the individual. Because of the relatively small timetable, the attorney worked fast to gather all necessary evidence to construct a case.
If one does not bring the claim within the two-year time period, they are barred from doing so at any later date. In other words, the person loses the right to bring a claim under Ohio law. From a strategic purpose, the decision must be made whether one is better off stalling and filing close to the statute of limitations. Most often, the smartest strategy is to file the case as soon as possible to preserve evidence or the evidence may be destroyed. If the lawsuit is not filed within a short period of time, witnesses may disappear.
Strategically, it is in a person’s best interest to file the claim quickly, not to wait six months or a year, or wait until closer to the statute of limitations. In this particular case, moving quickly proved to be the appropriate course of action.
When an injury results from tragedy, victims of these misfortunes are often lost as to what they could do to help themselves recover. Medical bills begin to accumulate. Work becomes challenging. In some cases, people feel a loss of enjoyment for the things they once loved. While it may seem tempting to negotiate with insurance adjusters on your own, these people may not have your best interests at heart. Instead, working with an attorney could help you quickly file within the statute of limitations in a Bowling Green personal injury case.
Time is of the essence for claims such as these. Connect with an attorney immediately to begin a confidential consultation.