If you are involved in at truck accident in Defiance, Ohio, we hope that your damages are minimal and that you walk away from the crash without any serious injuries. Unfortunately, we know the truth about truck accidents – the damages are often catastrophic. If you are wondering what to do after a serious truck accident, contact our committed lawyers today.
After a truck accident in Defiance, you will need to prove the fault of the responsible party in order to recover the compensation that you deserve. More specifically, you will need to prove that the at-fault party had a duty to you (to operate their vehicle safely, to manufacture a defect-free auto part, etc.); that they breached this duty to you through an act of negligence (e.g. drinking while driving, creating tires with an inherent defect, etc.); and that the breach was the proximate cause of both the truck accident and your injuries. You will also need to prove the extent of damages you have suffered. For example, you cannot simply claim you have suffered $10,000 in medical expenses; you will need to prove it through actual bills, receipts, and other relevant evidence.
In many cases, the victim of a truck accident contributed, in a small way, to their accident or injuries. If this is the case for you, you are still allowed to recover compensation for your injuries assuming you were no more than 50 percent at fault. In Ohio, this law is known as comparative negligence, and stipulates that the damages of a victim will be reduced in proportion to their degree of fault. In other words, if you were five percent at fault for your crash and suffered $10,000 in damages, your compensation would be reduced by five percent, or $500.
You only have so much time to file a claim after a crash, and if you delay, you may be barred from recovering damages at all. In Ohio, the statute of limitations for filing a claim is two years after the cause of action accrues. Because of this short statute of limitations, it is highly advised that you start working on your claim as soon as possible after your crash.
While you are not obligated to hire an attorney, many people believe that working with an attorney can greatly improve the odds of your truck accident claim being successful. An attorney is experienced in investigating truck accidents, filing claims, organizing data and bills, negotiating with an insurance adjuster, and even litigating a claim if necessary.
The good news about working with an attorney is that an initial consultation is completely free. In fact, at the law offices of Lafferty, Gallagher & Scott, LLC, we work on a contingency fee basis, and will not charge you unless your case is successful, in which case we charge based on a percentage of your winnings. To schedule your free case review today, call our talented Defiance truck accident lawyers now or contact us online.
All of our partners are AV Peer Review Rated* through Martindale-Hubbell. Out-of-state referrals are welcome for all
areas of practice we handle, including personal injury, workers’ compensation and insurance claims issues.