Auto Injury FAQs
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content reviewed by:
Justin Lee Lawrence
last updated: June 17, 2024
Auto Injury Frequently Asked Questions
What should i do after a car accident
If you are able and after you’ve made sure that no one at the scene is in immediate medical trouble, take photos of the vehicles involved in the accident as well as the accident scene itself. Try to get pictures of the position of vehicles after the accident, the exact damage to the vehicles, the lighting and weather condition at the scene, the positions of signs or traffic controls, and the presence of skid marks and other evidence that may be lost when the accident scene is cleaned up and the vehicles are removed. Photographs can be critical to proving your case. If emergency services don’t respond to the accident scene, call the police to investigate the accident. The police report may be the determining factor that proves the other party is at fault for the accident. Avoid speaking with the other driver, except to see whether they need medical attention. You don’t want to make any admissions of fault or make any statements that can later be used to argue you were responsible for the accident. Also, refrain from speaking to the other party’s insurance company adjusters. If you talk to your own insurance company, don’t make any admission of fault. If your insurance company asks you to sign documentation, do not do so until an attorney reviews it. Visit with your primary care provider even if you were taken to the hospital after your accident. You may have injuries you were not initially aware of and getting treatment immediately after your accident may be necessary to prove that your injuries were caused by the accident and not by some subsequent event or medical condition. Finally, you should contact a car accident attorney to discuss your case. An attorney can advise you about your situation and the compensation you may be entitled.
What should i do after a car accident
If you are able and after you’ve made sure that no one at the scene is in immediate medical trouble, take photos of the vehicles involved in the accident as well as the accident scene itself. Try to get pictures of the position of vehicles after the accident, the exact damage to the vehicles, the lighting and weather condition at the scene, the positions of signs or traffic controls, and the presence of skid marks and other evidence that may be lost when the accident scene is cleaned up and the vehicles are removed. Photographs can be critical to proving your case. If emergency services don’t respond to the accident scene, call the police to investigate the accident. The police report may be the determining factor that proves the other party is at fault for the accident. Avoid speaking with the other driver, except to see whether they need medical attention. You don’t want to make any admissions of fault or make any statements that can later be used to argue you were responsible for the accident. Also, refrain from speaking to the other party’s insurance company adjusters. If you talk to your own insurance company, don’t make any admission of fault. If your insurance company asks you to sign documentation, do not do so until an attorney reviews it. Visit with your primary care provider even if you were taken to the hospital after your accident. You may have injuries you were not initially aware of and getting treatment immediately after your accident may be necessary to prove that your injuries were caused by the accident and not by some subsequent event or medical condition. Finally, you should contact a car accident attorney to discuss your case. An attorney can advise you about your situation and the compensation you may be entitled.
Is there a time limit in which to file a claim for injuries related to my car accident?
Pursuant to section 2305.10 (A) of the Ohio Revised Code, any claim for personal injuries related to a car accident must be brought within two years from the date of the accident. If a claim is not made or a lawsuit is not filed within this two-year timeframe, you will forever be barred from bringing such a claim, and will not be entitled to any monetary compensation. For example, if your car accident occurred on January 31, 2020, you must file your lawsuit by January 31, 2022. If you file your lawsuit on February 1, 2022, your complaint will be dismissed by the court.
What types of damages am i entitled to?
The term “damages” refers to monetary compensation that is given to an individual who is injured in an accident for the injuries and losses they suffered because of the accident. If you sustained injuries in a Cincinnati car accident, Ohio laws will govern the types of damages to which you are entitled. If you sustained injuries in a Cincinnati car accident, Ohio laws will govern the types of damages to which you are entitled. Ohio allows for an injured person to collect compensatory, or actual damages. These types of damages can represent both economic losses and noneconomic losses. Economic damages pertain to specific economic losses that a person suffers because of an injury they sustained in an accident. Noneconomic damages is a lump sum of money that is awarded for a personal injury victim for the pain and suffering they endured because of their injuries. The purpose of compensatory damages is to make the victim whole again. In some circumstances, you may be entitled to punitive damages. These damages are awarded to an injured party when a defendant intentionally caused injury to another, or when they acted with reckless disregard to the law. Punitive damages are meant to punish the defendant for their actions, and serve as a warning to keep others from acting in the same manner.
Is there a cap on the amount of damages i am able to recover after my car accident?
In Ohio, there are laws that limit the amount of damages an injured person can recover following a car accident. With respect to noneconomic damages, the limit is $250,000, or three times the amount of economic damages, whichever is greater, with a maximum recovery of $350,000 per plaintiff permitted. One exception to this rule is that there is no cap on noneconomic damages if the injured person suffered a catastrophic injury that leads to a permanent and substantial physical deformity, loss of the use of a limb, or an injury that prevents one from caring for themselves and performing life-sustaining activities. In regard to punitive damages, the amount awarded cannot exceed twice the amount of compensatory damages. In Ohio, there is no limit on the number or amount of economic damages that can be claimed.
What if i was partially at fault for my car accident?
Ohio law allows people who are injured in car accidents to bring a claim for their injuries, even if they were partially at fault for the accident. Your lump sum award for damages, however, will be reduced by the percentage of your own negligence. For example, a jury determines that the defendant was 80% at fault for your accident and that you were 20% at fault. You are awarded $10,000 for your compensatory damages. Your award will be reduced by 20% to $8,000. However, if a jury finds that you are 51% or more at fault for the accident, you will be barred from recovering any damages for your injuries under the law.
How much will it cost to hire a cincinnati car accident attorney?
Car accident attorneys in Cincinnati work on a contingency fee. That is, they do not get paid unless they obtain a monetary award on your behalf.
Should I accept the settlement the insurance company offered me?
Never accept any settlement offer without first speaking with an attorney. The insurance companies are in business to make money, which means they want to pay you the least amount of money you’ll accept. The insurance companies are depending on the fact that you need cash now to cover medical bills or lost wages. But you may have additional compensation that you are entitled to under the law. You may also not realize the extent of the medical expenses or lost income you will suffer in the future as a result of your accident. A car accident attorney can review the insurance company’s settlement offer and determine whether it is a reasonable offer.
Does it cost anything to hire an attorney?
The car accident lawyers of Lawrence & Associates Accident and Injury Lawyers, LLC accept car accident cases on a contingency basis, which means you do not owe us any money unless we obtain compensation for you. If we obtain a settlement or win at trial for you, our fees, case expenses, and court costs will be paid from your settlement or judgment.
What kind of compensation can I expect from my car accident?
You may be entitled to several different types of compensation from your car accident. Such compensation may include:
- Past and future medical expenses
- Past and future lost wages and income
- Past and future pain and suffering
- Expenses to adapt your home for any permanent disabilities
- Loss of quality or enjoyment of life and life activities
- Property damage
The car accident attorneys at Lawrence & Associates Accident and Injury Lawyers, LLC can evaluate your case and advise you about the compensation you are entitled.
How long will it take to resolve my claim?
It can be difficult to determine how long it will take to resolve a car accident claim. In cases where the other party accepts responsibility for the accident, resolution can be quick since the only question is settling on the amount of damages owed. If fault is a question, it may take time to investigate the accident and obtain clear facts that show who is responsible. If settlement isn't possible, and we have to take your case to trial, we will pursue your claims as diligently and efficiently as the court system allows, although lawsuits can take months to complete from initial filing to judgment. In any case, we will work to get you the compensation you deserve as quickly as possible.
Our compassionate and experienced trial attorneys are here to give you a measure of justice and financial relief for what you’ve been through.
Our Case Results
A man was injured when a piece of construction equipment collided with his vehicle and crushed him.
A man was working on a motor vehicle when a truck struck the vehicle.
A man fell off a ladder at work and shattered his knee his insurance refused to pay for lost wages.
Our client tragically lost their life in a catastrophic accident. We were able to secure full compensation for their family, providing support during an incredibly difficult time.
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