FAQs | Plevin & Gallucci

FAQs

How much money will I receive for my personal injury claim?

Your compensation depends on many factors, including but not limited to:

  • The sum of hospital bills
  • Coverage of future care/rehabilitation
  • Property damage
  • Lost wages
  • Damages for emotional and mental pain
  • The amount of available insurance

How soon will I receive payment?

Payment date is dependent on the type of case, whether the defendant accepts liability or contests the case as well as many other factors.

How much time do I have to file my case?

Each state has a statute of limitations for each kind of claim, which imposes a time limit for filing. In Ohio, for example, the family or dependents have two years to bring a wrongful death case following their loved one’s passing; however, the window to pursue a medical malpractice claim is only one year. The statute of limitations differs based on the area of the law, such as personal injury, medical malpractice or workers’ compensation.

Do I get charged legal fees if we do not win?

No. All of our clients are represented on a contingency basis. Simply put: If there is no recovery, there is no fee.

The insurance company is calling me to give a recorded statement. Should I talk to them?

Absolutely not. The only reason the defendant’s insurance company wants to take a recorded statement is to try to minimize what they have to pay you before you get a chance to speak to an attorney. Call us today to understand the potential harm in speaking to them without an attorney.

May I file a case on my child’s behalf?

Minors are not allowed to file lawsuits, so the answer is yes. Sometimes, the law will waive the statute of limitations if a child wants to wait to file until he or she is 18. Otherwise, parents or legal guardians may file a lawsuit on behalf of their child. The parent is considered the minor’s “next friend” and is thought to represent the child’s best interests.

Will I receive compensation for my medical bills? What about ongoing or future treatments and physical therapy? Are adaptive devices covered?

The compensation varies for each case. However, if your medical bills, future treatment or need for an adaptive device stem from an injury caused by another entity’s negligence, we can help you file a claim seeking to have all of these costs covered.

I was out of work due to my injury. Will I be compensated for my lost wages?

If you missed work and lost income due to an injury caused by another person or company, we can help you file a claim to have your lost wages covered.

After the loss of a family member, what can I receive compensation for? My family has sought counseling, and the deceased was our primary bread winner.

Often, wrongful death compensation includes the cost of counseling, as well as funeral expenses and lost wages if the deceased was the wage earner. If you have lost a loved one, we can help you file a claim for all the financial and emotional burdens of this devastating event.

My employer requires that anyone injured treat with the company doctor. Is this required by Ohio law?

No. In Ohio you absolutely have the right to select your own doctor any time you are hurt at work. An employer can choose to have you examined or drug tested; however, you have the right to go to your own doctor for treatment. Read more about this in our blog on the topic.

I did not miss any time from work. I am still eligible to file a workers’ compensation claim?

Yes. Ohio law only requires that you were injured while working. The fact that you were diligent about returning to work does not preclude you from filing a claim.

I was hurt while working several years ago. Is it too late to still get treatment or benefits for my claim?

No. Workers’ compensation claims stay open for an extended period of time. While the amount of time varies depending on the claim, often an individual is still eligible for treatment and/or benefits many years later.

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