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(Notice
required by the Ohio Rules of Professional Responsibility for Lawyers)
UNDERSTANDING YOUR RIGHTS *
If you have been in an accident, or a family member has been injured or
killed in a crash or some other incident, you have many important decisions to
make. It is important for you to consider the following:
1. Make and keep records - If your situation involves a motor vehicle crash,
regardless of who may be at fault, it is helpful to obtain a copy of the police
report, learn the identity of any witnesses, and obtain photographs of the
scene, vehicles, and any visible injuries. Keep copies of receipts of all your
expenses and medical care related to the incident.
2. You do not have to sign anything - You may not want to give an interview
or recorded statement without first consulting with an attorney, because the
statement can be used against you. If you may be at fault or have been charged
with a traffic or other offense, it may be advisable to consult an attorney
right away. However, if you have insurance, your insurance policy probably
requires you to cooperate with your insurance company and to provide a statement
to the company. If you fail to cooperate with your insurance company, it may
void your coverage.
3. Your interests versus interests of insurance company - Your interests and
those of the other person's insurance company are in conflict. Your interests
may also be in conflict with your own insurance company. Even if you are not
sure who is at fault, you should contact your own insurance company and advise
the company of the incident to protect your insurance coverage.
4. There is a time limit to file an insurance claim - Legal rights, including
filing a lawsuit, are subject to time limits. You should ask what time limits
apply to your claim. You may need to act immediately to protect your rights.
5. Get it in writing - You may want to
request that any offer of settlement from anyone be put in writing,
including a written explanation of the type of
damages which they are willing to cover.
6. Legal assistance may be appropriate - You may consult with an attorney
before you sign any document or release of claims. A release may cut off all
future rights against others, obligate you to repay past medical bills or
disability benefits, or jeopardize future benefits. If your interests conflict
with your own insurance company, you always have the right to discuss the matter
with an attorney of your choice, which may be at your own expense.
7. How to find an attorney - If you need professional advice about a legal
problem but do not know an attorney, you may wish to check with relatives,
friends, neighbors, your employer, or co-workers who may be able to recommend an
attorney. Your local bar association may have a lawyer referral service that can
be found in the Yellow Pages or on the Internet.
8. Check a lawyer's qualifications - Before hiring any lawyer, you have the
right to know the lawyer's background, training, and experience in dealing with
cases similar to yours.
9. How much will it cost? - In deciding whether to hire a particular lawyer,
you should discuss, and the lawyer's written fee agreement should reflect:
a. How is the lawyer to be paid? If you already have a settlement offer, how
will that affect a contingent fee arrangement?
b. How are the expenses involved in your case, such as telephone calls,
deposition costs, and fees for expert witnesses, to be paid? Will these costs be
advanced by the lawyer or charged to you as they are incurred? Since you are
obligated to pay all expenses even if you lose your case, how will payment be
arranged?
c. Who will handle your case? If the case goes to trial, who will be the
trial attorney?
This information is not intended as a complete description of your legal
rights, but as a checklist of some of the important issues you should consider.
* THE SUPREME COURT OF OHIO, WHICH GOVERNS THE CONDUCT OF LAWYERS IN
THE STATE OF OHIO, NEITHER PROMOTES NOR PROHIBITS THE DIRECT SOLICITATION OF
PERSONAL INJURY VICTIMS. THE COURT DOES REQUIRE THAT, IF SUCH A SOLICITATION IS
MADE, IT MUST INCLUDE THE ABOVE DISCLOSURE.
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