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When to sue, and when not to

When you are injured and wondering whether you should file a claim, timing is an important factor in your decision.


You’ve been hurt, and the paychecks have stopped coming, but the medical and other bills are rolling in. The claims adjuster from your insurance carrier has spoken to you, and he or she seems like a reasonable person. They have offered you some settlement money, and promise to wrap the matter up in a few days.

If your case is not about injury to you, but injury to your car or other property, you are probably better off obtaining speedy resolution.

The temptation is to settle. It’s easy, and you don’t need a lawyer, and you are spared from the aggressive action of demanding money.

But don’t do it. Quickie settlements are usually better for the insurance company than for you. You get a few dollars, and that’s nice, but the insurance company happily closes its books on you.

Insurance companies are careful to hold off paying you until your health issues are resolved – until you’ve reached the point of maximum medical improvement. They would rather write one check than numerous checks – and that usually means delays.

You almost always do better working with a capable lawyer, even if you settle without filing a claim. Lawyers know how the process works, and how to sidestep insurance company tricks and tactics.


You were injured, and you did not want to deal with financial hassles until you feel up to it. The statute of limitations in Ohio is two years. While you were healing up, or gathering the courage to file a claim, the deadline for demanding compensation passed.

The best course of action is to see a good lawyer as soon after the accident as possible. You don’t pay any legal fees until you win your case, and the lawyer can supply all the courage and know-how.


The best time to file a suit is soon after the accident, as soon as you reach that point of maximum medical improvement–and before the statute of limitations kills your case.

This is often an emotional issue for the injured and their family members. They want to get justice from the at-fault driver or other person responsible for the harm done to you.

But while filing a hasty suit provides satisfaction, it may not lead to the more important outcome – full and rightful compensation.

At Rothchild Law Office, we have been providing injured people in the Cincinnati with thoughtful and experienced counsel for many years. Call us with questions about the right timeline for your suit.


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