Most people don’t know how to get their lives back on track after a serious car accident. Our mission is to create individualized plans for each family to get them the help they need to get back to health quicker, get the bills paid, and live the lives they want to live.
According to the Ohio Department of Public Safety, nearly 100 Ohioans die every month in motor vehicle accidents, and an average of 1000 a month suffer serious and incapacitating driving injuries that require long-term medical care and protracted periods of recovery. Obviously, serious injuries suffered in car accidents can also cripple the victim’s ability to earn a living, care for themselves, and support their spouses and children.
This is why we buy car insurance. Unfortunately, insurance companies don’t always prove to be as good as their word. In many cases, insurance companies in Ohio will conduct investigations into car accident claims that are designed solely to reduce their liability in car accidents. When the insurance companies succeed in these efforts, car accident injury victims can be exposed to years of economic hardship, inadequate healthcare and a greatly diminished quality of life. Luckily, a Toledo car accident lawyer can help.
By contacting an experienced injury attorney you gain a powerful advocate who is familiar with state laws and can help compile evidence for your claim and guide you through the legal process.
Liability Laws for Motor Vehicle Accidents
The state of Ohio is an at-fault state for motor vehicle crash claims. This means that if you are injured by a reckless or careless driver, you can file a lawsuit against them to claim compensation for your injuries and damages. In practice, that usually means you will file a claim with the at-fault driver’s insurance company seeking compensation.
Whether a car accident is caused by a distracted, drunk, or otherwise negligent driver, you have to prove several elements to hold the at-fault driver legally liable for your injuries and damages. Our Toledo auto accident attorneys can review the details of your accident to determine who is at fault and collect the evidence necessary to prove it.
Four Elements of Negligence
You need to demonstrate that the driver owed you a legal duty of care. All motorists have a legal duty to observe the rules of the road and drive with reasonable care to avoid causing an accident. You also need to show that the driver breached that duty of care, such as by making an illegal lane change or another violation.
The driver’s violation of their duty of care must have been the direct cause of the accident that harmed you and finally, your injuries must have resulted in damages that entitle you to claim compensation.
Contributory Negligence
Sometimes, the insurance company will try to deny your claim outright and say that you were at-fault for the accident. Fortunately, Ohio follows a contributory negligence standard. This means the court will not bar you from recovering compensation if you are found partially responsible for your accident and injuries. However, you cannot be found more at fault than the other parties combined. This would also mean your settlement amount would be minimized by your percentage of responsibility.
If you are injured in an auto accident, the best thing do to, in addition to securing prompt medical treatment, is to contact an experienced attorney without delay. Not only are there strict filing windows for car accident claims, but an attorney can protect your rights from the start and help you avoid costly mistakes that could otherwise reduce the value of your case.
Steps To Take Following An Accident
In the aftermath of a vehicle accident involving injuries to the driver or passengers of an automobile, hiring an experienced Toledo car accident lawyer is critical to helping you make the best of a bad situation. On average, those who seek an attorney’s help in settling their auto accident injury claims with insurance companies receive 2 to 3 times more than those who don’t. Statistics prove that your insurance company will take your claim more seriously when you have an attorney investigating your case. But just how seriously they will take you depends on the specific attorney you hire.
Chuck Boyk is an Ohio trial attorney respected throughout Northwest Ohio for his outstanding legal work on behalf of his car accident injury clients. If you’re tired of the stalls and surprises your insurance company keeps coming up with, and you want fast and fair results for your car accident injury claim, our auto wreck attorneys are the right people to talk to.
Process of Filing a Car Accident Claim
The earliest stages of your car accident case will likely start at the location of the crash. After making sure you are safe, you should call law enforcement to arrive at the scene of the accident, as well as request any emergency personnel that are required. Be careful what you say when police are taking your statement. For example, you should not admit blame for the crash.
If you can take photos at the scene of the accident, such as of your injuries or the property damage incurred, this evidence could be extremely helpful to your case later on. You should also exchange contact and insurance information with the at-fault driver, in addition to the contact details for any witnesses who stop the scene of the crash.
Following your reporting the incident to police and getting medical treatment, the next step should be to contact a lawyer. A seasoned Toledo car crash attorney can explain your rights and legal options so you know the best course of action to take next.
Our attorneys can also conduct a thorough investigation of the accident and file a claim with the insurance company. We can manage all correspondence with the insurance company on your behalf, and you should avoid contacting the other driver’s insurance company or giving them a recorded statement without speaking to an attorney first.
We can also gather eyewitness and expert witness statements and build a case to show that the other driver was at fault for your injuries and damages. Once you have finished treatment, we can submit a demand for full and fair settlement the at-fault driver’s insurance company. The negotiation process can take some time, as the insurance company’s first offer is rarely their best offer.
If a settlement cannot be achieved, the case may proceed to litigation. Our attorneys can manage the entire litigation process including discovery, key motions and procedures, and representing you in court. We will leave no stone unturned to get you the compensation you deserve for your injuries.
Call Our Toledo Car Accident Attorneys
When you or your loved one experiences harm in an auto collision, reach out to a Toledo car accident lawyer from Charles E. Boyk Law Offices for help navigating the legal process of securing compensation for your injuries and losses.
