Several factors affect how much money you could get from a car accident settlement, including the nature, extent, and severity of your injuries. Another element that affects how much you could recover is your contributing role, if any, in the accident.
The insurance company (and the court) considers the other party’s liability if they failed to react as a reasonable person would have in a similar situation.
What Types of Damages Can You Recover from a Car Accident Settlement?
You could recover compensation for two types of damages caused by another party’s negligence: economic and non-economic damages. The economic damages you could recover include:
- Past and future medical care
- Medications and medical equipment
- Physical therapy and other rehabilitative care
- Lost wages and reduced earning ability
- In-home care and support
- Property damage
- Modifications to accommodate medical equipment and disability
Meanwhile, non-economic damages that may be recoverable include:
- Diminished quality of life
- Pain and suffering
- Loss of consortium
When we represent you, our team will work to identify which damages you can recover and how much they are worth.
How do My Injuries Affect a Car Accident Settlement?
The more extensive your car accident injuries, the more costly and complex your recovery will be. That is why a car accident victim with minor bumps and bruises typically recovers less in damages than another individual with catastrophic injuries.
A car accident lawyer from our team can help you document your injuries, gather your bills, and file an insurance claim against the at-fault party’s carrier. You should not have to suffer twice for an accident that is primarily someone else’s fault.
Qualifying Injuries with Greater Compensation
Ohio recognizes that people with catastrophic injuries will need additional medical care for a longer time—perhaps the rest of their lives. According to the Ohio Revised Code Section 2315.18, there is no limit for non-economic compensatory damages for individuals with injuries such as:
- Permanent and significant physical deformities
- Loss or paralysis of a limb (arm or leg)
- Loss of a bodily organ function or system
- Permanent inability to independently care for yourself and perform life-sustaining activities
A car accident lawyer on our team can talk to your doctor or healthcare provider (with your permission) to determine if your injuries meet this threshold.
Car Accident Injuries that May be Considered Catastrophic
These injuries may meet the required threshold of “serious injury” as defined by the state:
- Traumatic brain injuries (TBI)
- Burns, scarring, and disfigurement
What is a Duty of Care, and How does that Affect a Car Accident Settlement?
Motorists have an obligation to follow the rules of the road and take reasonable measures to avoid injuring others. This is known as “duty of care.” Our team can help determine if and how the other party failed to uphold their duty of care. We will need to:
- Establish that the other party owed you a duty of care
- Show how the other party failed to uphold this duty (negligence)
- Explain causation of injuries because of this negligence
- Supply proof of damages in the form of medical bills, lost pay, pain and suffering, and other losses
Each of these elements is necessary to hold another party accountable for your accident.
Can You Recover Damages if You played a Minor Role in the Accident?
According to the Ohio Department of Insurance, you could recover money damages from a car accident so long as you are found to be less than 50 percent responsible.
Ohio has a comparative negligence law, which recognizes that sometimes two (or more) parties contributed to a car accident. Therefore, if the insurance company or the court decides that you played a minor role in the crash, you may still recover money for medical bills, lost pay, and other damages.
Determining Liability for a Car Accident in Ohio
Our team can gather evidence to show that the other party is primarily responsible for the accident so that you can pursue compensation. There are many potential forms of evidence in a car accident case, including:
- Photos of the accident scene, including debris, skid marks, and final resting place of both vehicles
- Digital on-board information systems
- Closed-circuit traffic cameras
- Police reports
It is crucial to gather evidence, documentation, and testimony quickly. Physical evidence can be cleaned up or erode over time, and witnesses may become unreliable or unavailable.
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How a Car Accident Lawyer Can Fight for Your Settlement
Hiring a car accident attorney from our team ensures you always have someone on your side fighting for the compensation you deserve. Some of our past car accident case results include:
- $1.45 million for a victim with fractured leg and ankle
- $1 million for a victim with a brain injury
- $600,000 for a victim with hip fractures and other injuries
Several factors can affect how much money you might get from a car accident settlement. Our firm can identify and value the damages in your case to arrive at an appropriate settlement amount.
Your Complimentary Case Review Awaits
At the Fitch Law Firm LLC, we help car accident victims value their damages and fight hard for fair financial recovery. Get a free consultation today. Call (614) 545-3930 for help with your car accident case.