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Legalities of a Car Accident Lawsuit

Car accidents are abrupt and life-changing. Today’s perfectly healthy body becomes tomorrow’s permanently disabled. The tragedy might only be a few minutes, but the effects can last a lifetime and, in grim cases, can be the cause of life fallen too short, all because of one grave error by someone else.

To provide a certain amount of comfort, the law allows you a right to compensation through a Cincinnati car accident lawsuit under which the person that caused the accident would be liable to pay heavy damages. The right lawyer can get you the right compensation.

Filing For a Car Accident Lawsuit 

Generally, you would be within rights for a personal injury lawsuit or, if your loved one had died as a result of the car accident, a wrongful death lawsuit. In Ohio, state laws apply, which means you only have two years since the day of the accident to file your claim with a court of law in case of personal injury. It is highly recommended that you contact an attorney as soon as possible after your accident to ensure your lawsuit does not fall back.

Deciding Eligibility for Car Accident Lawsuit

An experienced Cincinnati car accident lawyer can assess your case for free and tell you if you're eligible to file a lawsuit. Below are factors we consider.

For Personal Injury

Any documentation or eyewitness testimony that shows that you were the victim of the alleged car accident would be necessary to prove to the court your involvement in the accident.

You would also need to show proof of damage, such as hospital bills and a valid medical practitioner's diagnoses report. In case of any other damages, valid proof regarding the same would help your case. Your attorney can help you know and arrange for all necessary documents needed to file your motion.

For Wrongful Death

If your loved one succumbed to the injuries caused by the accident, you could file a lawsuit under wrongful death by a car accident. You’d need proof of death, such as a death certificate and a police report regarding the accident.

If your loved one passed away after quite some time from the accident, but within the two years since, a post mortem report stating they passed away due to complications from the injuries in the accident might be needed.

Comparable Negligence in Car Accidents in Cincinnati, Ohio

If you take your lawsuit to court, and the judge or jury finds that you too are partly responsible for having caused that accident, then any compensation you claim would be reduced under the comparative negligence clause of Ohio state law. You can't recover compensation if you're more than 50 percent at fault.

Since there are no empirical means to determine exactly how much fault is yours, any claim’s payout would depend on how well you explain yourself and negotiate with other parties. It is advised to have a lawyer present during such negotiations and court arguments.

Recoverable Accident Expenses

If you get a payout out of your filing, you would be liable for a wide range of compensation for the losses and expenses you might incur due to the accident. In Ohio, recoverable damages generally include:

Medical Costs can include but are not limited to:

  • Ambulance and/or medevac transportation
  • Emergency room evaluation and treatment
  • diagnostic testing such as clinical tests and imaging costs
  • Hospitalization costs
  • Prescription drug costs
  • Rehabilitation and therapy
  • Ongoing care costs and
  • Other related expenses

Economic and non-economic costs include:

  • Lost wages and lost benefits at the job
  • Diminished earning capacity and loss of support
  • Repair or replacement of your damaged vehicle
  • Other property damages
  • Out-of-pocket costs related to your accident, injuries, or treatment
  • Expenses that would be incurred to afford a disability lifestyle
  • Pain and suffering compensation
  • Mental agony or other psychological damages compensation

Besides these, if your loved one suffered fatal injuries during the accident, you might be able to file compensation under wrongful death action. Talk to your attorneys to explore all possible options.

Reporting a Car Accident in Cincinnati

According to Ohio Code Section 4509.06, you are required to report the car accident if it led to serious injuries requiring hospitalizing, or death or property damage over $1,000. Irrespective of the severity of the damage, it is recommended to call law enforcement and get a report registered.

This will help police to investigate the accident scene and record an official statement regarding everything that happened. This will also serve as a great resource for your lawyer and help you seeking in right compensation for the damages incurred.

That said, if you or someone you know has recently faced a car accident, it is important to hire a car accident lawsuit to put your side of the story, and seek the right compensation. We can help. Contact our expert attorneys to learn more.

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