A variety of scenarios could cause a person to fall and sustain major injuries. When a slipping incident is caused by another person’s negligence, a victim may have legal options for recovering from their losses.
Settlements are meant to provide compensation to cover a victim’s financial burdens stemming from their slip and fall accident. If you were severely injured in this type of incident, speak to a lawyer well-versed in handling Cincinnati slip and fall settlements. The experienced attorneys at O’Connor, Acciani & Levy will help you understand the legal nuances of settling a case and work to successfully resolve your claim.
Slip and Fall Accident Time Limits in Cincinnati
According to Ohio Code § 2305.10, an individual has two years to file a legal claim after a slip and fall accident. The claim must be filed with the Ohio Civil Court. Those who file after the two-year deadline will typically have their cases dismissed by the court. Therefore, it is essential to reach out to our skilled local attorneys immediately after a slip and fall accident to preserve your right to pursue a civil claim or settlement.
Steps in Pursuing a Slip and Fall Settlement
When making a slip and fall claim in hopes of settlement, an experienced lawyer will first draft an initial demand letter. This document details a victim’s medical care costs related to the accident, including:
- Emergency care
- Physical therapy
- Prescription drug expenses
The letter must also state a victim’s lost income due to reduced earning capacity, as well as any other losses related to the accident.
To support the claim, the plaintiff and their attorney must include other information in their initial demand letter, such as:
- Tax returns for the past three years
- Payroll stubs for their current job
- Copies of all medical treatment bills
- Receipts for replacement items, such as a new smartphone
By compiling this information, the plaintiff shows the civil court that they lost income and had to pay numerous bills as a direct result of their slip and fall accident.
Filing a Lawsuit after Settling for a Trip and Slip
It is possible to file a legal suit after agreeing to settle for a slip and fall injury, but only in certain cases. These specific circumstances include cases where the defendant acted in a coercive or fraudulent manner that caused bad faith settlement negotiations. It is also possible to file a lawsuit if the plaintiff is suing a different defendant. For example, if the plaintiff realized that someone else contributed to their accident, they can legally sue that person while settling with the original liable party.
After settling, a plaintiff cannot sue if they signed a written statement agreeing to release the at-fault party from all further liability. All agreements and waivers are legally binding contracts that cannot be undone. A slip and fall victim should work with the experienced attorneys at our Cincinnati office to ensure that they fully understand any settlement contracts before signing.
Call a Cincinnati Attorney for Slip and Fall Settlements
Before agreeing to settle in a slip and fall case, you should get medical attention and keep copies of all healthcare reports and invoices. Doing so establishes the link between the accident and your losses. It is also essential to consider how your injuries will affect your job and to gather any other documentation of the impact of the accident on your life.
Most importantly, you should hire an attorney experienced in handling Cincinnati slip and fall settlements. At O’Connor, Acciani & Levy, our legal team can help you determine the best legal strategy to get you the compensation you need to recover. Call us today for initial consultation.