Ohio is not a no-fault state. This means that a driver who is responsible for an accident, or at fault, will also be responsible for using their insurance coverage to pay for damages inflicted upon another party in an accident.
Fault is a crucial component that factors into any case involving insurance companies and multiple parties. When compared to at-fault laws, no-fault laws can differ widely, often leading to confusion for those affected by a car accident.
Ohio’s Comparative Negligence Laws
In no-fault states, the fault for a car accident can be shared among several parties. State laws use percentages to break down the number of damages a party’s insurance is responsible for covering. As the Ohio Department of Insurance shows, Ohio’s comparative negligence law can impact the outcome of a case where multiple parties were responsible for a car accident and its damages.
Because of laws like these, establishing an at-fault party is one of the most crucial components of any car accident that takes place in the state of Ohio. If another party’s behaviors caused an accident in which you or a loved one suffered damages, you may be entitled to a settlement.
When you have a lawyer from our firm acting on your behalf, they will assess pertinent state laws and others as they construct a case that defends your rights and pursues a just outcome on your behalf.
Seeking a Settlement After an Accident Before Time Runs Out
According to the information presented in Ohio Revised Code (ORC) §2305.10, if you suffer a personal injury in Ohio, you have the right to take legal action within two years of the incident. With some exceptions, failing to act within this window will leave you with no options for building a case and following through to seek justice. For this reason, getting in touch with a legal team immediately after a car accident in Ohio can save you from several layers of legal and financial complications.
To seek a settlement after an accident, your legal representation will work to collect various pieces of evidence related to the incident. This means they will gather photos, videos, witness reports, police reports, maintenance records, and anything else that can help to clarify the source and cause of an accident. From here, your lawyer will negotiate with any other parties involved in the case on your behalf.
If it is necessary to correspond with other drivers, insurance representatives, law enforcement, and other parties, then your lawyer will handle these conversations on your behalf.
Potential Recoverable Damages for Accident Victims in Ohio
When another party is at fault for a car accident in Ohio, they may also be responsible for using their insurance policy to cover damages inflicted upon a victim. Often, the amounts that they are liable for covering will be assessed based on Ohio’s comparative negligence laws and guidelines. Victims who suffer personal injuries, property damage, and other forms of loss may be entitled to collect a settlement that includes coverage for the following damages:
- Current and ongoing medical expenses
- Emergency medical help
- Prescription medication
- Psychological pain and suffering
- Medical devices
- Therapeutic programs and intervention
- Damaged property
- Loss of earnings
Assessing the damage after an accident involves several layers of investigation and analysis. Not only will insurance companies and other drivers play a role in this process, but legal teams will also enter the picture. When you have a lawyer from our firm working on your side, they will fight to uphold your rights as a victim. Your lawyer will collect evidence, identify a liable party, interpret the law, and negotiate on your behalf.
Because Ohio is not a no-fault state, dealing with the implications of no-fault laws can be tough as the victim of a car accident. Trying to navigate the numerous legal and financial concerns you are likely facing is difficult. With one of our lawyers working on your side, you can free yourself up to focus on getting back to your family and your personal life.
Contact the Attorneys at the Fitch Law Firm for Assistance with Your Case
At the Fitch Law Firm, our team is here to assist you and your loved ones after a car accident. We will collect evidence, communicate with other parties on your behalf, and negotiate to pursue any forms of financial compensation that you may be entitled to collect. To learn more about how we can assist you with your case, call our office today.