Car accident victims who are injured or who sustained significant vehicle damage in collisions for which they were not at fault are often able to recover damages from the responsible party to pay for medical bills, cover lost wages, and compensate them for their pain and suffering. Unfortunately, filing this type of claim can be difficult, especially for those who sustained serious injuries, so if you were injured in a collision with another driver, it is important to consult with an experienced Lucas County auto accident attorney who can explain your legal options.
Some states do not allow accident victims who contributed in any way to their accidents to try and recover damages from the other party. Fortunately, Ohio is a comparative fault state, which means that even accident victims who were partly at fault for their accidents may still be able to recover compensation unless they were more than 50% responsible. Furthermore, the amount that injured parties can recover will be reduced by their percentage of fault, so if a court determines that a plaintiff was 10% at fault for an accident, the injured party can expect his or her damages award to be reduced by 10%.
Although Ohio residents who are injured in car accidents can file claims against the at-fault parties in court, there are specific rules with which they must comply. For instance, plaintiffs must file lawsuits based on personal injury within two years from the date of the injury. This includes car accident claims filed by drivers, passengers, motorcyclists, pedestrians, cyclists, or in the event that a victim passes away from his or her injuries, the deceased’s surviving family members. Those who miss this deadline will most likely have their case dismissed by the court, so even those who are confident that their case will be resolved through the insurance claim process, are still encouraged to keep this deadline in mind.
Ohio follows a fault system when it comes to car accidents, which means that the person who was primarily at fault for an accident will be required to take financial responsibility for property damage and injuries sustained by any victims. In many cases, these awards are paid directly by the at-fault party’s insurer, as Ohio law requires motorists to purchase car insurance liability policies that:
These are only the minimum insurance standards required by the state, so many motorists choose to carry more protection. This ensures that in the event of an accident, the limits will not be exhausted. When this occurs, an injured party’s only method of recovery is usually filing a claim in court.
If you were injured in a car accident in Lucas County, please contact one of the dedicated car accident attorneys at Lafferty, Gallagher & Scott, LLC by calling 419-241-5500 to learn more about your legal options.
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.