Ohio car accident: Because auto accidents happen so quickly, you may have a hard time processing what happened. Ohio is a fault state, which means that the at-fault driver/party must pay compensation to claimants injured in the accident. Winning a fair settlement can be more complicated than you think, as insurance companies often do their best to deny and downplay claims.
If you were injured in Ohio in a car accident, here are the laws and facts you need to know.
Deadline for Ohio car accident lawsuits
Each state has its law – called the statute of limitations – that sets the deadline for Ohio car accident lawsuits. In Ohio, you have two years to file a lawsuit. The two-year deadline is applicable to all car accident and personal injury lawsuits and doesn’t apply to insurance claims. The count starts from the same date as the accident occurred. The deadline is also the same for wrongful death lawsuits and cases involving vehicle damage.
Understanding comparative fault in Ohio
Ohio follows what is known as the “modified comparative fault” rule. You can only sue the other at-fault driver when you are less than 50% at fault. Your settlement would be lower as per your fault share. If you are more than 50% to blame for the Ohio car accident, you cannot recover anything, no matter what you have endured.
How does this work in real life? For instance, if you were partly at fault (say 20%) and your losses are pegged at $10,000, you will only recover $2,000 as your final settlement.
What to do after an Ohio car accident?
- Stop and call the local police. Do NOT flee the scene under any circumstances.
- Call 911 if you or someone else is injured.
- Gather insurance and contact info of other drivers.
- Call your insurance company.
- Collect evidence from the scene.
- Call a local accident lawyer.
Why do you need an accident lawyer?
Although Ohio laws are rather balanced, you may have to fight hard to win a settlement for your injuries. For Ohio car accident claims, you would be typically dealing with insurance companies, which makes it tough for people to prove things. Also, if you had a share in the blame, this could go against you. An attorney can help protect your rights and ensure that you get a settlement that covers the accident losses.
You should ideally call an attorney immediately after the Ohio car accident. You have limited time to gather evidence and file a claim.
FAQ’S
What is the average car accident settlement in Ohio?
If you have been involved in a car accident, you may be wondering: What is the average car accident settlement in Ohio, and how much can you expect to receive? You will need to pay your medical bills and recover your lost wages, but money will not fix everything. Here are some tips to get you the compensation you deserve. First, get medical attention immediately. Next, find out how much the insurance company is willing to pay for damages.
One case involves a man who was a passenger in his employer’s truck when he was rear-ended by an uninsured driver. He was injured in the collision and sued the other driver’s insurance company for negligence. He sought compensation for medical expenses, lost wages, and pain and suffering. Although the other driver denied liability, the jury found in his favor, awarding him $52,127 in damages.
How long does an insurance company have to settle a claim in Ohio?
There are several factors that determine how long an insurance company has to settle a claim in Ohio. The first factor is the type of harm caused by the accident. If the accident caused more than 50% of the damage, the company cannot pay any money. If the other driver is partially at fault, they cannot claim any compensation. The state of Ohio also has a statute of limitations, which sets a deadline for filing a lawsuit
How much does a lawyer take from a settlement?
You may wonder, “How much does a lawyer take from a lawsuit settlement?” In fact, the answer depends on the type of lawsuit. A lawyer may charge 45% to 60% of the final settlement, or a lower percentage, depending on the case. However, if the lawsuit requires a trial, the attorney’s fees will be significantly higher and may reach as much as 40% of the settlement.
Typically, the amount of a lawyer’s contingency fee depends on the stage of the case at the time of the settlement. A settlement is always less than a trial, as it takes time and money to prepare for and conduct a case. However, in Florida and other states, there are limits on how much a lawyer can charge, and any higher fee would require court approval.
