If you or a loved one has been involved in a Lima car accident, having a skilled attorney by your side can make a significant impact. At Boyk Law, we are dedicated to helping you secure the compensation and justice you deserve. Our experienced team has a successful history of assisting victims in recovering both financially and emotionally from their injuries, and we offer compassionate support to families who have lost a loved one in a devastating car crash.
With over a century of combined legal experience, our Lima motor vehicle accident attorneys specialize in car accident cases. We have earned a strong reputation for effectively taking on insurance companies and large corporations, utilizing our extensive knowledge and resources.
At Charles E. Boyk Law Offices LLC, our commitment to clients goes beyond just legal representation. We treat each client as if they were family, fighting vigorously for their rights and prioritizing their well-being. Reach out to our Lima car accident lawyers today to start your case and receive the dedicated support you need during this difficult time.
The NHTSA tracks 3 major behavioral factors relating to fatal car accidents
Speeding: considered to be speeding related if any driver in the crash was charged with speeding related offence. In 2022, 8,236 traffic fatalities involved speeding.
Alcohol impaired driving: When an involved driver has a Blood Alcohol Concentration above 0.08. In 2022, 10,317 traffic fatalities involved alcohol impairment.
Restraint Use: Not using a seat belt. In 2022 11,188 traffic fatalities were not using a seat belt.
Distracted driving is also another serious cause of car accidents. According to NHTSA, in 2022, 3,308 people were killed and an estimated additional 289,310 people were injured in crashes involving distracted drivers.
Boyk Law is committed to addressing these critical issues and supporting victims affected by such accidents. If you or a loved one has been involved in a car accident, we can help you navigate the complexities of your case and seek the compensation you deserve.
Steps to take after a Lima Car Accident
Being involved in a car accident can be daunting and stressful. To ensure your safety and protect your legal rights, it’s important to take the following steps:
Ensure Safety: First, check for injuries to yourself and others. If it’s safe, move vehicles out of traffic to avoid additional accidents or hazards.
Call 911: Report the accident to emergency services and request medical help if needed. Even if injuries seem minor, it’s wise to have a medical professional assess everyone involved.
Exchange Information: Gather names, addresses, phone numbers, and insurance details from all drivers involved, as well as contact information from any witnesses at the scene.
Document the Scene: Take clear, detailed photos of the accident scene, including vehicle damage and any visible injuries. This evidence will be important for insurance claims and any potential legal matters.
File a Police Report: Obtain an official police report, which provides a formal record of the accident. This report is often required by insurance companies and can be crucial for legal purposes.
Seek Medical Attention: Visit a healthcare provider for a complete evaluation. Some injuries might not be immediately noticeable, so a professional check-up is essential for your health.
Notify Your Insurance Company: Report the accident to your insurance company promptly. Provide all relevant information and documentation to support your claim.
Consult a Lawyer: If you have suffered injuries or significant damage, consider consulting a personal injury attorney. They can assist you in navigating the legal process and help ensure you receive the compensation you deserve.
Following these steps can help you effectively manage the aftermath of a car accident in Ohio and safeguard both your health and legal rights.
Negligence Theory in Lima Car Accidents
Duty of Care
Drivers have a duty of care to others on the road, which means they must drive responsibly. This responsibility includes following traffic laws and regulations, maintaining control of their vehicle, and ensuring their car is in safe working condition. Actions such as texting while driving or operating a vehicle under the influence of alcohol or drugs breach this duty and can be considered negligent.
Causation
To establish a valid claim, it must be proven that the defendant’s negligent actions directly caused the plaintiff’s injuries. For instance, if a plaintiff is struck by the defendant’s vehicle but is not injured, and then later suffers a back injury from a fall unrelated to the accident, the defendant cannot be held liable for the back injury, as it is not connected to their negligence.
Damages
The plaintiff must also provide evidence of suffering injuries or economic losses related to the accident to claim civil damages. Potential recoverable damages may include medical expenses, lost wages, lost earning capacity, pain and suffering, and property damage to the vehicle. Proper documentation and proof are essential to support these claims and seek appropriate compensation.
Boyk Law Car Accident Settlements:
Settlement Example 1: Grandma’s Life Turned Upside Down by a Drunk Driver
Our client was driving her granddaughter home on Easter Sunday. A pickup truck came left of the center sending our client to the hospital. The driver was under the influence of drugs and alcohol. Grandma was found to have fractured ribs, wrists, right leg, left leg, and lacerations all over her body. She was life flighted from the local hospital to a trauma hospital. What followed were six surgeries, a long hospital stay, and two months in an extended care facility. We added value in the following ways: Day in the life video of her lifestyle after the fact, prognosis reports from her two main doctors, analysis of both the alcohol and fentanyl intoxication, and all the prosecution records were submitted. We were able to resolve the case for $1.8 million and our client was able to purchase a new house and live the rest of her life with dignity.
Settlement Example 2: Policy Limits for 23-Year-Old After a Rollover Accident
Our client’s car was hit by an uninsured driver as she was coming home on a rural road near her house. The result was a dislocated kneecap and two shattered bones in her ankle. Two surgeries resulted. Numerous attorneys tried to “solicit” her case. She was referred to our office by a nurse at the hospital who had “heard good things” about our law firm. We were able to recover a substantial policy limits settlement by maximizing the value of the case. We used photos, diagrams, videos, and a fantastic prognosis report by her treating orthopedic surgeon. We also negotiated down the health insurance liens. Our client was able to recover enough money to go back to college to further her career.
Settlement Example 3: Therapy Dog Nurses Our Client Back To Health
Our client was going to a NE Ohio Collie Rescue to pick up their therapy dog “Mistletoe.” A car went left of Center on US 224 resulting in our client having a shattered right leg requiring plates, screws, and bone filler to repair. Three months in a nursing home followed. “Missy” visited regularly and nursed our client back to health when she got home. The nursing home resident loved the dog so much that she became a regular therapy dog that continues to visit the nursing home. We were able to negotiate an insurance policy limits result, negotiate down all of the health insurance liens, and leave a good financial recovery for our client and Missy.
Settlement Example 4:Michigan Man Recovers Enough Money to Restart His Life
Our client was a passenger in a rideshare vehicle. The driver was negligent and ran the car off the road, through a ditch, hit a mailbox, and came to rest in the middle of a private front yard. Our client suffered leg and back fractures, horrible scarring, and a brain injury. He underwent three surgeries, a two-week hospital stay, three weeks of inpatient rehabilitation, and over a year of actual treatment. He suffered permanent limitations in his ability to walk, scarring, and memory and comprehension. We obtained medical prognosis expert reports and future economic loss calculations. After extensive private mediation, the case resolved for a confidential amount and allowed our client to purchase a house and start his life over in a Southern state.
Common Injures in Lima Car Accidents
Physical Injuries
Head or Brain Trauma: Concussions, traumatic brain injuries (TBIs), and other neurological damage.
Spinal Cord Injuries: Damage to the spinal cord, which can result in partial or full paralysis.
Herniated Disks: Displacement of spinal disks that can cause severe pain and discomfort.
Broken Bones: Fractures and breaks in bones that may require surgery or extended recovery.
Whiplash: Neck injury resulting from sudden jerking movements, leading to pain and stiffness.
Soft-Tissue and Muscle Injuries: Strains, sprains, and tears in muscles and connective tissues.
Internal Bleeding: Blood loss within the body that may require emergency medical attention.
Organ Damage: Harm to internal organs, potentially leading to severe complications.
Burns: Injuries caused by fire, chemicals, or friction during the accident.
Lacerations: Cuts and tears in the skin that may require stitches or other medical care.
Permanent Scarring or Disfigurement: Long-lasting physical marks or changes in appearance.
Traumatic Amputations: Loss of limbs or digits due to severe injury.
Emotional and Psychological Harm
Post-Traumatic Stress Disorder (PTSD): Severe anxiety and flashbacks related to traumatic events.
Anxiety: Ongoing worry and fear affecting daily life.
Depression: Persistent feelings of sadness and loss of interest in activities.
These physical and emotional impacts can significantly affect a person’s quality of life and well-being following a car crash. If you or someone you know is experiencing these issues, seeking medical and psychological help is crucial. Additionally, consulting with a legal professional can help address potential compensation for these damages.
The Lima Car Accident Settlement Process
Under Ohio law, if you’re injured in a car accident, you have the right to file an insurance claim with either your own insurance provider or the at-fault party’s insurer. An insurance adjuster will review the damages and may extend a settlement offer.
If you find the settlement offer unsatisfactory or unfair, you can escalate the issue by appealing to a supervisor within the insurance company.
Should you still be dissatisfied with the outcome, you can file a written complaint with the Ohio Department of Insurance. A knowledgeable Lima car accident attorney can help guide you through this intricate process.
If negotiations don’t lead to a fair resolution, you may consider filing a lawsuit. However, be aware that Ohio Revised Code §2305.10 stipulates a two-year statute of limitations for bodily injury and property damage claims. This means you must file your lawsuit within two years from the date of the accident, or your case may be barred from court.
How Much Can I Get in a Lima Car Accident Settlement?
The value of a settlement for a car accident in Lima can vary widely due to the unique nature of each case. Factors such as the severity of injuries, the extent of property damage, and the impact on your life all play a role in determining the settlement amount.
When assisting victims of car accidents, we evaluate claims based on several key factors, including:
Emergency Medical Care: Costs for immediate medical attention, including ambulance services, EMTs, and emergency room visits.
Hospital Visits and Treatment: Expenses related to hospital stays and medical treatments.
Physician and Surgeon Services: Fees for consultations, surgeries, and other necessary medical procedures.
Medications and Medical Devices: Costs for prescribed medications and required medical equipment.
Rehabilitation and Physical Therapy: Expenses for ongoing rehab and therapy essential for recovery.
Lost Income and Benefits: Compensation for wages and benefits lost due to an inability to work.
Pain and Suffering: Compensation for physical pain and emotional distress resulting from the accident.
Emotional Trauma: Damages for psychological impacts, such as anxiety, post-traumatic stress disorder (PTSD), or depression.
If your injuries affect your ability to work or hinder you from returning to your previous job duties, you may be eligible for compensation for future lost income and reduced earning capacity. For permanent injuries, scarring, or disabilities, additional compensation may be available for a diminished quality of life and other non-economic damages.
Future medical needs and long-term care requirements can also influence your total compensation, including ongoing rehabilitation and the full extent of lost wages, such as bonuses or overtime.
Be cautious with online settlement calculators, as they often provide estimates that may not reflect the specifics of your case. The most accurate way to determine the potential value of your claim is to consult with an experienced Lima car accident attorney who can provide a detailed analysis based on the particulars of your situation.
Comparative Fault Standard for Lima Car Accidents
In Lima, victims of auto accidents must navigate Ohio’s comparative fault standard, which affects their ability to recover damages. According to the Ohio Department of Insurance (ODI), if a driver is found to be more than 50 percent at fault for the accident, they are barred from receiving any compensation. This means that if the court determines a driver’s fault exceeds this threshold, they cannot claim damages for their injuries or losses.
Conversely, if a driver is deemed to be 50 percent or less at fault, their potential recovery is reduced in proportion to their degree of fault. For example, if a plaintiff is found to be 30 percent at fault, they can only recover up to 70 percent of their total damages. This system is often referred to as the 51 Percent Bar Rule because it bars recovery for those who are 51 percent or more at fault.
Given the complexity of these rules, it is crucial for accident victims to work with an experienced auto collision attorney in Lima. An attorney can assist in gathering evidence, proving the defendant’s fault, and ensuring that the plaintiff’s claim is maximized, despite the comparative fault standard.
Contact a Lima Car Accident Attorney Today
If you’ve been injured in a car accident, it’s crucial to have a skilled personal injury attorney to handle your case and secure the compensation you deserve. At Boyk Law, our experienced Lima car accident lawyers are dedicated to guiding you through this difficult period. We understand the complexities involved in car accident cases and will work relentlessly to ensure you obtain the compensation and justice you’re entitled to.
Contact us today for a free case evaluation and find out how we can help you achieve the justice and financial recovery you need. Let us leverage our expertise to support you every step of the way.
