After a car accident in Ohio, you could be entitled to the following damages:
- Lost wages and future lost earning potential
- Past and future medical bills, treatment, and rehabilitation costs
- Property damage
- Pain and suffering
- Emotional distress
- Loss of consortium and companionship if the accident was fatal
- Other non-monetary losses and out-of-pocket expenses
Serious injuries often involve lengthy recovery periods and time away from work, so a fair settlement offer should include all the damages to which you are entitled. This guide aims to help you understand what those damages are and the process involved in recovering them.
Is the Other Driver’s Insurer Responsible for Covering Car Accident Damages?
Dealing with the aftermath of a car accident can be stressful and frustrating. In addition, confusing insurance policy terms and complex state insurance rules can make it seem like you must climb a mountain before even filing a claim—not to mention the worry of paying medical bills and meeting other financial obligations while you heal.
However, you have options, and our personal injury team can help you understand what they are in plain terms.
Ohio is an at-fault state. This means you can file a claim with the at-fault driver’s insurance company, provided they are more responsible for causing the accident than you. If the other driver is 100% at-fault, you would be entitled to recover 100% of your losses.
Can I Still Recover Damages If I Am Partially At Fault?
If liability is shared between two parties, compensation is awarded in line with each driver’s percentage of fault, per Ohio Revised Code Section 2315.33. For example, let’s assume the other driver was 80% to blame and you 20%. In that case, compensation would be split 80/20 in your favor, so if your damages amounted to $100,000, you would receive 80% of that amount, or $80,000.
However, there is a caveat; if a driver is more than 50% at fault, they cannot recover any compensation. As you can imagine, proving the other party was responsible for causing the accident is a critical part of the claim process, as is disproving any allegations of fault against you. Your car accident lawyer can help you through this process.
What If The Other Driver Was Not Insured?
If the other driver was not insured, you might be able to recover damages using your auto insurance policy if you elected to purchase uninsured motorist coverage. This is typically an optional add-on when you purchase your auto insurance policy.
If you do not have uninsured motorist coverage, you may be able to file a personal injury lawsuit against the at-fault driver to recover damages. Your lawyer can advise whether this is a good strategy in your situation.
For a free legal consultation, call (614) 538-1116
How do I Prove the Other Driver Was At Fault in a Car Accident in Ohio?
Along with questions about the damages you could recover after a car accident, you may have concerns about proving your case. Issues can (and often do) arise when the other party presents a different version of events than you.
Proving a case starts with an investigation into what happened. Your attorney will gather evidence to build a clear picture that helps identify liable parties and prove fault. Evidence to support your case can come from various sources such as:
- Police reports
- Witness statements
- Your written account of the accident
- Photographs or video taken at the scene
- Medical reports
- Expert testimony from medical or accident reconstruction experts
- Income reports
- CCTV footage of the accident
Why Should I Hire a Lawyer for My Car Accident Case?
Many people choose to work with legal representation when their accident case is complex or they are too injured to manage the process and need to focus on recovery. Having an injury attorney’s support can help to make the legal process less stressful, as a lawyer can manage most aspects of the claim, including:
- Dealing with case administration
- Communicating with insurance companies
- Assessing the financial extent of your injuries and other related losses
- Managing settlement negotiations
- Explaining your legal options in plain terms
- Providing peace of mind that a legal professional is answering your questions
Is It Expensive to Hire a Car Accident Attorney?
There is no doubt a car accident can affect your finances as well as your health. To help our clients, we provide our legal services on a contingency-fee arrangement. This means there are no upfront costs for you to pay, and you owe us nothing unless we recover financial damages on your behalf.
How Much Time Do I Have to File My Case?
Remember, state laws can affect the time you have to file your injury case. For example, in Ohio, the statute of limitations for injured people to begin legal action against another party is generally two years, per Ohio Revised Code Section 2305.10.
Where Can I Get Free Legal Advice About My Car Accident Case?
The team at Bressman Law offers a free, no-obligation case review where you can learn about your legal options if you were injured in a car accident in Ohio. Our attorneys have been serving personal injury clients for more than 30 years. We are keen to help you, too, so if you have further questions, reach out and contact us for a free consultation today.