Timeliness can be very important in any lawsuit. In a Cleveland car accident or truck accident case, failure to follow the Ohio Rules of Civil Procedure and the Ohio Revised Code with regard to filing deadlines, submission of pleadings, briefs and other documents can lead to a harsh result in court.
In some situations, it may be possible to have a trial court’s judgment based on a procedural ruling set aside, but this is the exception rather than the rule. The best course of action is to speak to a qualified attorney early so that you can understand your legal rights and avoid the potential pitfalls of the litigation process.
Facts of the Case
When an insurance company pays its policy holder for damages he or she suffered as a result of an accident caused by someone else, the insurance company often has the right to recover from the wrongdoer, or tortfeasor, as she is known, the amount that it paid to its insured. This is known as subrogation. The plaintiff in a recent case was an insurance company that filed suit against the defendant motorist, asserting its subrogation rights and claiming that the motorist had to reimburse the insurance company for monies it had paid out to its insured on account of an accident allegedly caused when defendant negligently crossed the center line and struck the insured’s vehicle. According to the insurance company, its insured was seriously injured in the crash and suffered some $262,555 in damages. Continue reading