When the driver who caused your accident had a suspended license, this fact alone does not diminish your ability to file a claim against their insurance company or to file a personal injury lawsuit against the driver. All that matters is that the other driver was at fault for the accident and that they had insurance at the time of the accident.
If both these statements are correct in the case of your car accident, you can pursue recovery of your damages resulting from your physical injuries and damage to your property. We can help you seek compensation from the other driver with a suspended license.
Ohio Requires That Motor Vehicle Drivers Carry Insurance
Ohio’s Financial Responsibility Law requires motor vehicle drivers in the state to carry liability insurance to cover injuries, death, and property damage suffered by the other person or people in a car accident that you caused.
Bodily Injury (BI) Liability Coverage
Ohio motorists must have BI insurance to cover the amount the accident victim pays for injuries. The minimum coverage required by Ohio’s Financial Responsibility Law is $25,000 per person and $50,000 per accident.
Property Damage (PD) Liability Coverage
Ohio motorists must have PD liability insurance to cover the damage to the victim’s motor vehicle and/or other property. The minimum coverage required by Ohio’s Financial Responsibility Law is $25,000 per accident.
Other Compensation You May Be Able to Seek From the Negligent Driver
One of the advantages of working with someone from our team is that we will investigate the evidence in your case and determine your full, fair case value.
This means we will seek a recovery for your past, present, and future losses related to the accident. Essentially, if you have serious injuries and high medical costs, we may be able to pursue a higher settlement amount.
We could help you seek a recovery for the following losses:
- Pain and suffering, reflecting your emotional and physical challenges after an injury
- Lost wages, including paychecks you’ve missed during your recovery
- Reduced earning capacity, if you’re unable to return to work in your former capacity
- Medical costs, including emergency room care, hospitalization, surgeries, medication, physical therapy, medical devices, and more
- Other out-of-pocket expenses, such as in-home care costs
- Scarring and disfigurement, if your physical appearance has changed due to your injuries
For a free legal consultation, call (614) 538-1116
Determining the At-Fault Party in Your Ohio Car Accident
Ohio is a tort state, which means that whoever is at fault for a car accident carries the responsibility of paying for damages.
At our firm, we launch a private investigation into the cause of your car accident so we can gather evidence to prove that the other driver was at fault. Our legal team will look to some key sources for this evidence:
- Police accident report (which often indicates who was at fault)
- Statements from witnesses
- Videos (perhaps from nearby surveillance cameras)
- Medical records
- Expert testimony
Filing a Claim and/or Lawsuit Against the Negligent Driver
Once a car accident lawyer from our team has built your case using evidence from their investigation to prove the four criteria of negligence, they can proceed with filing a car accident claim.
Insurance Claim for Your Car Accident
Your legal team will draft a demand letter and present it to the negligent driver’s insurance carrier. The insurance adjuster will respond with either a denial or a counteroffer to your claim for damages. The counteroffer typically represents a figure that is much lower than the amount you demanded in your letter.
Your attorney will then sit down with the adjuster to negotiate a fair settlement. If the insurance company does not agree to fair terms, your attorney can cease the negotiation and file a lawsuit against the negligent driver.
Personal Injury Lawsuit
A car accident lawyer from our team will prepare to present your case in a civil court. Often, a case like this does not even make it to trial. The defendant’s lawyers generally attempt to settle the case with your lawyer during pretrial; at other times, they arrange for negotiations during the trial, before the judgment or verdict is made.
You Have Limited Time to Take Legal Action for Your Car Accident
Ohio imposes a statute of limitations, generally requiring that car accident claims be filed against the at-fault driver within two years of the car accident, per Ohio Revised Code (ORC) §2305.10.
One benefit of hiring a personal injury attorney from our team is that we can keep your case on track with this and other deadlines and state requirements. It can offer tremendous relief just knowing that someone else is at the helm, navigating you toward a successful outcome.
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Establishing Negligence, as Required By Personal Injury Law
In the eyes of the law, to present you as eligible to receive compensation from the other driver in a car accident, a personal injury lawyer from our team will establish four criteria of negligence:
- Duty of care – The other driver had an obligation to behave and drive in a way that protects others from harm and injury—for example, stopping at a red light.
- Breach of duty – The other driver violated this duty. For instance, they could have run a red light.
- Causation – The other driver’s breach of duty caused your car accident. For example, this may mean running the red light at an intersection and then crashing into your car as you crossed the intersection
- Damages – You suffered provable, recoverable damages from the car accident. For example, this could include brain injury, contusions, sprains, or car damage.
A Personal Injury Lawyer From Our Firm Can Handle Your Quest for Compensation
If you’re recovering from your injuries after a car accident, you don’t have to deal with the process of seeking compensation on your own. Let a lawyer from our firm handle these tasks for you, such as:
- Gathering evidence of your losses and liability
- Working with experts to gather testimony
- Communicating with insurance companies for you
- Litigating your case in court, if necessary
- Ensuring your case meets important deadlines and complies with any relevant local or state laws
- Handling all the paperwork for you
- And more
Call the Team at Bressman Law Today
Bressman Law has a reputation for getting the job done. We are here to take on all the details of your car accident claim so you can focus on your recovery.
Call our office for a free, no-obligation consultation.