Ohio Car Accident Lawsuit
How Do I Know if I Should File a Lawsuit?
Whether or not a lawsuit makes sense is not always straightforward, but the law in Ohio does not restrict your right to do so. As an at-fault auto insurance state, there are no restrictions on suing the at-fault driver or their insurer.
For minor accidents that result in little damage and few injuries, a lawsuit is probably not necessary. Consider contacting a lawyer to discuss a lawsuit if you:
- Have severe, lasting injuries, a disability, or disfigurement as a result of the accident
- Are facing significant and growing medical expenses
- Will need ongoing medical treatment or home care
- Cannot work because of your injuries and have lost income
- Have tried to get compensation from the insurance company without any luck
- Have tried to work with the negligent driver with no results
- Lost a family member in the accident
What Will Happen in My Ohio Car Accident Lawsuit?
If you choose to file a lawsuit over a car accident, your first step is to hire the right legal team. An attorney or law firm with a primary focus on personal injury is best. Choose someone with years of experience working with accident victims in Ohio.
The right lawyer will take you through all the steps of filing and completing a car accident lawsuit in Ohio:
- File a complaint
Your lawyer’s first step is to file a complaint with the right Ohio court. This notifies the court and defendants and outlines your allegations and request for damages. - Build a case
Once the lawsuit is official, your lawyer will take steps to build a case that proves the defendants were negligent in the accident and liable for your expenses. This is a discovery period that involves gathering evidence, working with experts, talking to witnesses, and holding depositions. - Negotiate
If your lawyer can get you a fair settlement, you will get compensation sooner. They will negotiate with the defendants’ legal team to get you what you deserve. Most Ohio car accident lawsuits end here. - Litigate
Settlement negotiations are not always successful. If your lawyer cannot get an adequate amount, you can choose to go to court. Your lawyer will litigate on your behalf, making your case in front of a jury. - Appeal
If the jury sides with you and awards damages, your payment may still be delayed. The defendants can appeal to a higher Ohio court. Your lawyer continues to represent you in this situation, proving to the court that you deserve that award.
How Will My Lawyer Prove Negligence?
Your lawyer is an expert in building cases to prove negligence in car accidents. They rely on their team as well as a network of experts to show the driver acted negligently, triggering your accident and the resulting injuries and expenses.
The type of evidence your lawyer will use includes police reports, witness accounts, your own testimony, medical records and bills, and lost earnings from your job, if applicable. They must show that the other driver acted in a way that breached the legal duty to drive safely and within the law.
What Can I Expect in Damages?
Your damages amount depends on factors unique to your case. For instance, the higher your medical bills, the more you can expect to get in a settlement or jury award. Other factors considered in calculating damages include:
- The extent of medical expenses you may have in the future
- Any wages you lost because of your injuries
- Any future income you may lose because you cannot work the same job or at all due to injuries
- Permanent disabilities or disfigurement
- The degree of emotional and physical suffering you experienced
The law in Ohio also impacts the amount of your damages. State law caps non-economic damages, what you can recover for pain and suffering. Your lawyer can help you understand how this law may impact your case and its outcome.
Is There a Time Limit on Filing a Car Accident Lawsuit in Ohio?
Ohio’s statute of limitations is two years. The law gives you just two years from when you suffered injuries to file the lawsuit. There are few exceptions to this rule, which is why it’s so important to talk to a lawyer about your options right away.
Examples of Car Accident Lawsuits from Ohio
Car accident lawsuits in Ohio involve all types of vehicles and drivers. They result in serious injuries and even fatalities. These examples of cases from the state give you an idea of why people sue and what the possible outcomes are with the right legal team:
- $3.3 Million for Pothole Accident. A judge in the Ohio Court of Claims awarded the family of a woman who died in an accident over $3.3 million. Pauline Miller died in an accident in 2008 in Unity Township. A pothole caused a truck to swerve into Miller’s vehicle, causing a head-on collision. The judge ruled the Ohio Department of Transportation was negligent in not maintaining a safe roadway. The award included money for her lost earnings, her children, and her husband’s loss of companionship.[1]
- $350,000 for Fire Truck Crash. Dale Burlingame died, and his wife Grace suffered serious injuries in a collision with a Canton fire truck in 2007. The firefighter claimed he entered the intersection with lights on and an air horn to alert drivers. The truck’s siren was not working. The Burlingames turned into the intersection and were struck by the truck. The lawsuit took several years to resolve but finally ended in a settlement from the city of Canton.[2]
- $362,000 for Fire Truck Accident. Another crash involving a fire truck also proved to be fatal for Ronald Anderson and his grandson Javarre Tate in 2008. Their van was hit by a Massillon fire truck out on a call. The family’s lawyers claimed the operator of the truck was driving at an unsafe speed. They settled with the city for over $350,000.[3]
You may want to file an Ohio car accident lawsuit if you suffered serious injuries or lost a family member to an accident in the state. Contact a lawyer with expertise in this area of the law for the best outcome.