Charles E. Boyk Law Offices, LLC
Getting into a car wreck, no matter the severity, can cause major disruptions in your life. If you have experienced a car accident, you may benefit from seeking legal help from your local personal injury attorney. A seasoned Defiance car accident lawyer could be your guide through the overwhelming legal process, allowing you to focus on your recovery. Consider reaching out to learn more about your legal options moving forward.
In fault states like Ohio, people who suffer from an injury or property damage as a result of a car accident may seek recovery in one of several ways. Plaintiffs can file a claim with their insurance company, and they may file a third-party claim against the at-fault driver’s insurance company. Complainants also have the option of filing a personal injury lawsuit in civil court against the at-fault driver. Ohio Revised Code Annotated §2305.10 gives plaintiffs two years from the date of the accident to file their personal injury claims.
If a complainant fails to file their claim before the deadline, they risk losing their opportunity to receive compensation. While there are occasionally some exceptions to this deadline, they are rare and solely at the discretion of the presiding judge. A skilled Defiance car accident attorney could work with a potential plaintiff to file their claim before this statutory deadline expires and help them obtain damages for their losses from the responsible party.
When determining liability in civil lawsuits, Ohio follows the modified comparative fault rule using a 51 percent bar standard. Under the 51 percent bar rule, a plaintiff may receive compensation if the courts find them 51 percent or less at fault for the cause of the car wreck. Their recovery may be reduced by the percentage of fault that they are determined to have contributed to the car wreck.
If someone is found to be more than 51 percent responsible for the car accident, they may be barred from receiving any compensation.
States such as Ohio use this standard because policymakers do not want to prohibit parties from seeking recovery unless the accident is more than half of their fault. A well-versed car wreck lawyer in Defiance could look at the specifics of a case to determine the percentage an injured victim may be responsible and then use this information to evaluate the amount of compensation they may be entitled to.
Auto accidents can be a stressful and overwhelming experience, but the process of fighting for your right to compensation does not have to be. A Defiance car accident lawyer near you could review the facts of your case and help steer you in the right direction.
Regardless of the size of your losses, seeking professional legal assistance may be beneficial to your case. Start exploring your legal options by contacting a lawyer and scheduling a consultation to begin work on your case.