Practice area
Personal injury
If you were hurt because someone else was careless, Ohio law lets you claim for your medical bills, lost income and what the injury has cost you in daily life. We handle the claim so that you can concentrate on getting better.
Overview
Most injury claims begin with an insurance company, not a courtroom. The insurer for the person at fault will often call within days, ask for a recorded statement and offer a quick payment. That first offer is made before anyone knows how long your recovery will take or what it will cost.
Our work is to find out what the claim is really worth and to prove it. We collect the crash report, medical records and wage information, deal with the insurers on your behalf, and file suit when a fair settlement is not offered.
Ohio generally gives you two years from the date of an injury to file a lawsuit, and some claims have shorter deadlines. It is worth speaking with a lawyer early, while evidence is fresh and witnesses can still be found.
Matters we handle
Car and truck collisions
Crashes on I-270, I-71, I-70 and local roads, including claims against commercial carriers and uninsured drivers.
Motorcycle and bicycle crashes
Injuries to riders, where the other driver's insurer often tries to shift the blame.
Pedestrian injuries
People struck in crosswalks, parking lots and along roads without sidewalks.
Falls on unsafe property
Injuries caused by hazards an owner knew about, or should have known about, and did not fix.
Dog bites
Ohio holds dog owners and keepers responsible for most bites, whether or not the dog has bitten before.
Wrongful death
Claims brought by the estate on behalf of the family when carelessness has cost a life.
Injuries to children
Claims brought through a parent or guardian, with any settlement approved by the probate court.
Who this is for
- You were injured in the last two years and someone else was at least partly at fault.
- An insurance adjuster has called, made an offer or asked for a recorded statement.
- Your medical bills are arriving and you are not sure who is supposed to pay them.
- You have lost a family member and believe carelessness was the cause.
What to do now
- Get medical care and follow the treatment plan. Gaps in treatment are used to argue that you were not really hurt.
- Report the crash or incident, and ask for the report number.
- Photograph the scene, the vehicles or the hazard, and your injuries as they heal.
- Keep every bill, receipt and letter in one place.
- Do not give a recorded statement or sign a release for the other side's insurer before you have had advice.
- Stay off social media about the incident and your recovery.
How the fee works
Contingency fee
We handle injury claims on a contingency fee. The fee is a percentage of the amount recovered, and the percentage is set out in a written agreement that you sign before we begin.
The percentage depends on the stage at which the matter ends, since a case that goes to trial takes far more work than one that settles early. Your agreement shows each percentage, and at the end you receive a written statement showing exactly how the recovery was divided.
You pay no attorney fee unless we recover money for you.
Case costs are separate from the attorney fee. They include court filing fees, charges for medical records and the cost of outside reviewers. Your fee agreement explains whether costs are deducted before or after the fee is calculated, and whether you remain responsible for them if there is no recovery.
What to bring to the consultation
- The crash or incident report, or its report number
- Photographs of the scene, the vehicles and your injuries
- Names of the doctors and hospitals that have treated you
- Medical bills and health insurance information
- Your own auto insurance policy or declarations page
- Any letters or emails from an insurance company
- Pay stubs or other proof of income you have lost
Common questions
How long do I have to file an injury claim in Ohio?
In most cases two years from the date of the injury. Some claims, including certain claims against government bodies, have shorter deadlines or notice requirements, so do not wait to find out which applies to you.
What if I was partly at fault?
Ohio follows a comparative fault rule. You can still recover as long as you were not more than half at fault, but the amount is reduced by your share of the blame. Insurers know this and often overstate that share.
Should I accept the insurer's first offer?
Not before you know the full extent of your injuries. Once you sign a release you cannot go back for more, even if you later need surgery. We can review an offer with you before you decide.
Will my case go to trial?
Most injury claims settle without a trial, but not all. We prepare each case as though it may be tried, because that preparation is what gives a settlement discussion its weight.
Attorneys who handle this
Miriam Castellan
Founding attorney
- State of Ohio, 2004
- U.S. District Court, Southern District of Ohio, 2005
- U.S. Court of Appeals for the Sixth Circuit, 2011
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