What legal recourse against the state/county do I have for a high water area that I hit with my car which flipped it over causing injury to me?

UPDATED: Mar 5, 2014

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What legal recourse against the state/county do I have for a high water area that I hit with my car which flipped it over causing injury to me?

My car was totaled. Some areas of the country had high water signs. This area did not. I feel a reasonable expectation is if a sign is put up in one area anothet should be put up or none at all. Missing alot of work and severe injuries. Can I sue for this? No one else in accident and no insurance or property damage issues.

Asked on March 5, 2014 under Personal Injury, Ohio


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Prior to filing a lawsuit against the state and/or county, it may be possible to settle the case with their insurance carriers.  The state and county are probably self-insured.  The state and county may have deadlines for filing a claim, prior to filing a lawsuit.  Once the claim is denied, you can then file a lawsuit.  Call the state and county as these deadlines vary.

When you complete your medical treatment and are released by the doctor or are declared by the doctor to be permanent and stationary, which means having reached a point in your medical treatment where no further improvement is anticipated, obtain your medical bills, medical reports and documentation of wage loss.  Compensation for the medical bills is straight reimbursement.  The medical reports will document the nature and extent of  your injury and will be used to determine compensation for pain and suffering, which is an amount in addition to your medical bills.  Compensation for wage loss is straight reimbursement.

If the case is settled with the state and county, NO lawsuit is filed.  If you are dissatisfied with settlement offers from the state and/or county, reject the settlement offers and file your lawsuit for negligence.  As mentioned above, you must comply with the filing deadlines for filing your claim against the state and county.  If you miss the filing deadline, your claim will be denied and you won't be able to subsequently file a lawsuit.  If the case is NOT settled, your lawsuit for negligence against the state and county must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.  If the case is settled with one party (state or county) but not both, only name the party with whom the case has not settled as a defendant in your lawsuit for negligence.  If the case has not settled with either party, name both state and county as defendants in your lawsuit.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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