OHIO AUTO ACCIDENT FAQ
SHOULD I SEEK MEDICAL ATTENTION FOR MY INJURIES AFTER AN ACCIDENT?
It is a good idea to seek proper medical attention as quickly after the accident as possible. Be sure to provide a proper history of the accident to your physician.
HOW MUCH ARE MY INJURIES WORTH?
Every case is different. There are several factors that go into establishing the value of the claim. As such, you should call our office as shortly after the incident as possible to make sure that the claim is properly handled from the beginning.
HOW LONG DO I HAVE TO PURSUE A CLAIM FOR INJURIES SUSTAINED IN AN AUTOMOBILE ACCIDENT?
In Ohio, for adults, there is a two year statute of limitations. This means that you have 2 years from the date of the accident to resolve the claim or file a lawsuit. There could be significantly shorter time periods in certain situations and legal advice is highly recommended as soon as possible. The statute of limitations for minors is tolled until their 18th birthday; so the clock essentially starts running when the minor turns 18. Thus a minor has two years from the date of their 18th birthday in which to either resolve the claim or file a lawsuit. If an uninsured or underinsured motorist policy is involved, then a different period could apply.
SHOULD I MAKE A STATEMENT TO THE AT-FAULT DRIVER’S INSURANCE COMPANY IF THEY CALL?
Although every case is different, you should likely not make a statement to any insurance representative without at least making a call to an attorney first. Remember, at our office, the call is free. You need to be sure that the situation is handled properly from the beginning.
SHOULD I TAKE PHOTOGRAPHS OF MY INJURIES?
Yes. Even if you initially do not wish to pursue a claim, at least you will have documentation in the event that you later elect to proceed with a claim.
IS OHIO A “NO-FAULT” STATE?
IF THE OTHER DRIVER WAS TOTALLY AT FAULT, AM I ENTITLED MONEY REGARDLESS OF INJURIES?
While Ohio law does not set a minimum threshold, there are many factors that would need to be considered. Generally, the answer would be yes, but the amount of any settlement would vary based on these factors.
CAN I STILL PROCEED IF I AM PARTIALLY AT FAULT FOR THE ACCIDENT?
Yes, but your recovery would be reduced by the percentage of fault attributed to your actions.
Ohio § 2315.35. Reduction of damages by percentage attributable to the plaintiff; judgment for defendants.After the court makes its findings of fact or after the jury returns its general verdict accompanied by answers to interrogatories as described in Section 2315.34 of the Revised Code, the court shall diminish the total amount of the compensatory damages that would have been recoverable by an amount that is proportionately equal to the percentage of tortious conduct determined under Section 2307.23 of the Revised Code that is attributable to the plaintiff. If the percentage of the tortious conduct determined to be attributable to the plaintiff is greater than the sum of the percentages of the tortious conduct determined to be attributable to all parties to the tort action from whom the plaintiff seeks recovery plus all persons from whom the plaintiff does not seek recovery in this action, the court shall enter judgment in favor of the defendants.
WHO WOULD BE RESPONSIBLE FOR PAYMENT OF MY PAIN AND SUFFERING?
Every case is very different. There could be one of many responsible parties for such injuries.
CAN I PROCEED IF THE AT FAULT DRIVER DOES NOT HAVE INSURANCE?
Your insurance policy will pay your medical bills if you have medical pay coverage. Also, your insurance policy may be responsible for paying for your pain and suffering if the at fault driver is not insured. Many policies provide for medical pay coverage and/or uninsured motorist benefits. It is important to know the terms of your insurance policy.
WHAT DOES NON-ECONOMIC LOSS MEAN?
Ohio § 2315.18. Compensatory damages for economic and noneconomic loss in tort actions.(A)(4) “Noneconomic loss” means nonpecuniary harm that results from an injury or loss to person or property that is a subject of a tort action, including, but not limited to, pain and suffering, loss of society, consortium, companionship, care, assistance, attention, protection, advice, guidance, counsel, instruction, training, or education, disfigurement, mental anguish, and any other intangible loss.