Yes, you can still seek compensation with no damage to your car after an accident, but Ohio’s laws can play a part in how much you can recover.
Even if your car is unscathed, you still might have incurred painful injuries, substantial medical bills, and lost wages. Our lawyers can help you secure the compensation you need to get back on your feet after this event.
Ohio At-Fault Insurance Model
Ohio follows the at-fault insurance model, which means that the at-fault party pays for any damages, including costs to cover physical and emotional injuries caused by accident.
In Ohio, the liable driver’s insurance company is responsible for paying the damages. With that, all licensed drivers in the state must carry insurance.
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Ohio’s Comparative Negligence Law
Ohio also follows the comparative negligence law, per Ohio Revised Code (ORC) §2315.33, which allows those injured who were partially responsible for accidents to also seek damages. However, the injured person’s negligence reduces the damages received.
For example, if you were 25% legally responsible for the accident and there was $20,000 in damages, you could only collect $15,000 in damages.
Finally, if you were more than 50 percent at fault for the accident that caused your injuries, you could not seek any damages. The insurance company involved in the case determines the parties’ negligence.
Types of Damages Victims May Seek
Damages compensate victims for the cost of their financial and emotional (intangible) injuries.
Economic damages are those that have specific values and are accident-related. These losses include the costs of:
- Past and expected medical bills
- Past lost income
- Future lost earning potential
- Property loss
- Other out-of-pocket expenses
Non-economic or general damages cover those losses that are not easily calculated and are considered more subjective. These losses include:
- Pain and suffering
- Emotional distress
- Loss of a limb, disfigurement, or scarring
- Loss of consortium
- Loss of enjoyment
- Reputational damage
- Worsening of pre-existing injuries
- Chronic pain
In general, intangible damages are more difficult to prove than economic damages, like hospital bills. This also is why it is important to seek medical treatment and document how an accident has impacted your life.
Sometimes, victims will be asked to submit proof to show how an accident impacted their quality of life. This can include testimony from family and friends and demonstrations of how the accident-related injuries changed the victim’s life.
Aspects of a Car Accident Case That Impact a Case’s Value
Though no lawyer can estimate a case’s worth, specific circumstances impact the amount of compensation you receive. Common factors that can affect the compensation value of a car accident case include:
- The nature, duration, and severity of the person’s injuries
- The injured person’s age and job
- The victim’s pre-existing injuries or medical conditions
- The total cost of health care expenses, including hospital stays, ongoing medical care, and therapies
The quality of the supporting evidence and the liability of all at-fault parties also impact damages.
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Steps to Take Following a Car Accident
Victims can seek damages for physical and emotional injuries if another driver’s reckless actions or negligence led to the accident. This is regardless of whether or not there was property damage. However, these cases may be difficult to prove if you do not have supporting evidence to back up your claim.
To help build your case:
- While at the scene, call the police. When officers arrive, fill out an accident report.
- Seek medical attention and keep all reports.
- Take images of any injuries or damage to the vehicle that was driven by the at-fault driver.
- Most importantly, remember that some injuries, such as whiplash and back problems, do not show for days or weeks after an accident. Therefore, it is best to fill out a police report immediately, especially if there is no damage to your vehicle.
The Importance of Police Report Information
Most importantly, the police report will include pertinent information that can be used to bolster a case, such as:
- A sketch of the car accident scene
- The contact information of all parties involved
- A description of the road and weather conditions
- Details about the crash, as well as whether anyone complained of injuries or received medical treatment
- Witness information
What Our Team Can do for You
Gathering evidence and calculating your damages are no easy tasks, especially when you’re trying to recover from the accident. You can rely on our lawyers to take on your case for you while you recuperate.
We operate on a contingency-fee-basis, so there are no out-of-pocket, upfront, or hourly fees involved. While we work on this payment plan, you can expect us to:
- Update you on any changes in your case
- Compile and organize evidence
- Name the liable party
- Review insurance policies
- Manage phone calls, emails, and other communication with the other party
- Negotiate a settlement with your insurer
- Adhere to state-mandated deadlines
- Dispute your case in court, if needed
We get the Job Done
Our lawyers put our clients first, and our past results are a testament to this statement. A few examples of these outcomes are:
- $1.6 million for a family of four that was injured in a multiple-car accident
- $227 million for a motorcycle accident victim
- $130 million for an injured bus passenger
We give each case the individualized care it needs. Now it’s time for us to help you with yours.
Call Bressman Law to get a Free Car Accident Case Evaluation Today
No victim should have to worry about how they will pay for injuries caused by another person’s negligence—even if there is no damage to your car. Facing the legal system alone can be difficult. Instead, reach out to our firm, Bressman Law. We can fight to get you justice.
Call us today to get a car accident case consultation. There is no charge or obligation. Let us begin fighting for you and your family now.