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Successfully Recovering Compensation in an Ohio Car Accident

HomeBlogCar AccidentSuccessfully Recovering Compensation in an Ohio Car Accident

Successfully Recovering Compensation in an Ohio Car Accident

December 29, 2020
By Lafferty Gallagher Scott

After a car accident, emotions can run high. It is not uncommon to point the finger at each other or make seemingly unimportant statements at the scene, such as ‘I didn’t even see the other car until they hit me.’ Understandably, neither party wants to accept liability for the accident and be responsible for paying for the other driver’s damages. Be cautious of what you say at the scene; otherwise, the other driver’s insurance will try to use those statements against you. To protect your rights after an accident, contact a skilled Ohio car accident attorney who can help.

Ohio Insurance Laws Governing Car Accidents

Ohio is an ‘at fault’ state, which means you have the right to bring a claim against the other driver for your damages. In a no-fault state, your primary remedy after a car accident would be your insurance policy, and you would not be able to sue the other party for damages like pain and suffering. In Ohio, you can sue to recover compensation for your physical pain and suffering.

Drivers in Ohio must carry a certain amount of liability insurance to cover them if they cause an accident that results in injuries and property damage. Currently, the minimum limits are:

  • $25,000 for personal injury or death per person and event;
  • $50,000 for personal injury or death of more than one person per event; and
  • $25,000 in property damage for each event.

The amount of compensation you could recover will depend on multiple factors, including the circumstances of the accident, the available evidence, the severity of your injuries, and more.

Comparative Negligence

To successfully recover compensation, you need to show the other party was at fault. To prove their negligence, you need to show that:

  • The defendant owed you a duty of care;
  • The defendant breached that duty of care; and
  • That breach is what caused your injuries and subsequent damages.

What happens if more than one party is at fault? In Ohio, you can collect for a portion of your damages, even if you are at fault. Ohio’s comparative negligence laws state that as long as your percentage of responsibility does not exceed that of all other parties and entities, you can still collect for your damages. However, your recovery will be reduced by the extent to which you are considered at fault. For example, if you are 30% at fault, you could collect 70% of your damages. If you are 51% at fault, you will collect nothing.

Contact an Ohio Car Accident Attorney

If you need assistance pursuing damages after an auto accident, let our skilled Ohio car accident lawyers help. Contact Lafferty, Gallagher & Scott, LLC to schedule an initial consultation.

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