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  • Writer's pictureRobert Schuerger II

Understanding How Personal Injury Claims Work | Settlements in Ohio

The truth is that for those who have been injured in an accident that was not their fault, compensation can be a crucial lifeline, and understanding the details of personal injury cases is important. Victims who have never received compensation in a personal injury case might be wondering how settlements are paid.


This article aims to provide clarity on the subject and ensure that claimants understand what to expect when pursuing compensation as part of a personal injury claim.


Average Personal Injury Settlement Amounts

Average Personal Injury Settlement Amounts


Before we answer the question, "How Are Personal Injury Settlements Paid Out in Ohio?" let's first talk about the average settlement value for personal injury cases in Ohio.


According to Jury Verdict Research, the average payout for a personal injury in Ohio is just over $300,000. However, it's important to remember that the payout that a victim will receive will depend on a number of factors, such as the extent of their injuries, the details of the case, and more.


The Settlement and Payout Process


Many people believe that settlement checks are simply mailed to them, or payment is made into their accounts. However, this simply isn't true. There is a well-defined process that is followed when paying settlement awards.


Understanding this process is essential to ensure that victims have realistic expectations with regard to their settlements.


Step One: Agree to the Terms of the Settlement

When both parties agree on the settlement's value and method of payment, this signals the start of the payout process. Settlements are typically paid in one lump sum or over a period of time. Although both methods have benefits, the lump sum approach is undoubtedly the most popular.


A lump amount allows victims to receive all of their benefits at once. The decision to invest the money, make payments on debts, or take other actions is then the victim's. A structured settlement will pay a portion up front, followed by one or more subsequent installments. This is a fantastic choice for claimants who are doubtful that they can keep from losing their money.


A reliable personal injury lawyer can help to provide advice at this stage on whether it's a good idea to settle for the amount being offered first and foremost and, subsequently, which option would be best.


Step Two: Sign a Release Form

When a victim signs a release form or settlement agreement, they acknowledge their acceptance of the settlement amount and the payment option described. Only once this document is signed will the relevant insurance company proceed to make payment.


Step Three: The Relevant Party Signs a Check

When the insurer and/or defendant acknowledge their liability, they will have to sign a check for the amount that was agreed upon. The settlement will typically compensate the victim for the following damages:

  • Medical expenses

  • Lost wages

  • Pain and suffering

  • Property damage

  • Mental anguish

Keep in mind that delaying this process unnecessarily is often a sign of bad faith.


Step Four: The Check Is Then Sent to the Plaintiff's Attorney

Once the personal injury attorney receives the check, he or she will deposit it into a trust fund. The check will be deposited into a trust account. It will remain there until the lawyer takes care of any unresolved matters, like medical bills, unpaid liens against the settlement, and other costs. These will be deducted first from the payout before any money is given to the claimant.


Step Five: The Lawyer Will Deduct Legal Fees

Other deductions for the expenditures related to the personal injury case, such as the cost of photocopying certain documents or making phone calls, will then be deducted from the settlement.


Thereafter, legal fees, according to the agreement that the victim had with their lawyer, will also be deducted. In most cases, attorneys charge 33 percent of the total settlement amount. However, this amount will vary depending on the complexity of the case.


Victims should discuss legal fees at the outset to ensure that there are no surprises when the personal injury settlement proceeds are paid and Schuerger Shunnarah Trial Attorneys can explain things like is a personal injury settlement considered income?


Step Six: The Plaintiff Receives the Remaining Amount

Once the legal representative has paid medical bills and deducted legal fees, the remainder of the settlement will be paid to the injured person. It's important for claimants to remember that some portions of their settlement may be taxable, such as the amount received for lost wages, so it's important that they speak to their lawyer and consult a tax expert to learn more about their tax obligation.


The Statute of Limitations for Ohio Personal Injury Cases

The Statute of Limitations for Ohio Personal Injury Cases


The statute of limitations for personal injury cases in Ohio is typically two years, which starts from the date the injury occurs. This means that victims have two years in which to take legal action against the party at fault. While this may seem like a long time, it's important to remember that there are a number of steps involved in filing a personal injury claim.


A legal expert will need time to investigate the accident to identify key evidence to support the claim. Consulting a lawyer as quickly as possible is often best to ensure that the victim has a fighting chance at securing compensation. Contact Schuerger Shunnarah Trial Attorneys for any other questions such as what is a personal injury structured settlement?


There are a few exceptions to this rule, though. The statute of limitations is limited to just 180 days if the injury was brought about by a government employee or organization. Moreover, the statute of limitations is also tolled or put on hold until the injured party turns 18. Thereafter, they will have two years to pursue a legal claim.


Schuerger Shunnarah Trial Attorneys Are Here to Make the Process Easier


Filing a legal claim can be a daunting task, and having a team of Ohio personal injury law experts on their side can make a world of difference to injured victims. Schuerger Shunnarah Trial Attorneys understand the intricacies of personal injury claims.


Claimants can turn to the law firm for reliable advice, expert representation, and a smooth payout process. To learn more, victims are encouraged to schedule a free consultation to discuss the specifics of their Ohio personal injury case.

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