A car accident not only interrupts your life the day of the accident but in the coming months you may have various medical expenses to worry about, including costs related to ongoing physical therapy for back and neck injuries or surgeries to correct broken bones. Furthermore, even multiple conversations with claims adjusters may not be enough to get them to address the damage to your car, and your medical expenses may remain unpaid in the meantime.
If you are currently in this situation, you may need legal help from a qualified personal injury attorney to effectively remedy it. Contact a Perrysburg car accident lawyer today to get professional assistance with managing your case.
Negligence Laws for Car Accidents
To successfully bring a personal injury claim in Ohio, a plaintiff must prove that the other party is negligent. Specifically, a plaintiff must prove the following elements of negligence:
- The defendant owed them a duty of care to use reasonable care while operating their vehicle
- The defendant breached their duty to use reasonable care
- The driver’s negligence directly caused—or in other words, was the “proximate cause” of—injury to the plaintiff
- The plaintiff’s injuries caused some form of compensable damage to them
Contributory Negligence Laws
Ohio Rev. Code Ann. §2315.32 is an affirmative defense that the defendant in a car accident case may assert in an attempt to diminish a plaintiff’s settlement in comparison to their involvement to the accident. Based on interrogatories and other evidence, the court may determine that the plaintiff contributed in some way to their own accident and subsequent injuries. As a result, the court may decrease a plaintiff’s final damage award by the same percentage of fault they themselves bore. This concept is known as comparative negligence.
Statutes of Limitation
Under Ohio Rev. Code Ann. §2305.10(A), car accident victims have two years after their accident to file a personal injury claim. Also, if they are seeking property damages for their car, they have two years to submit your claim under Ohio Rev. Code Ann. §2305.03(A).
Damages Allowed for Car Accidents
In Ohio, car crash victims may claim economic and non-economic damages for injuries related to their accident. Economic damages, which have a specific dollar amount attached, may include medical expenses, lost wages, loss of earning capacity, and vehicle and property damage.
Conversely, non-economic damages are not quantifiable but do have a significant impact on an accident victim’s emotional health and well-being. Some common examples include general pain and suffering, emotional distress, and loss of companionship. A Perrysburg car accident lawyer could help an individual pursue damages for their injuries.
There also may be an award of punitive damages if the defendant’s conduct was deliberate and demonstrates a reckless disregard for others on the road. Punitive damages are meant to punish the responsible party and to deter other people from behaving in the same manner.
Contacting a Perrysburg Car Accident Attorney
A car accident can make you feel like you no longer have control over your life, especially if you have medical bills and repair costs to deal with because of a crash that was not your fault. A Perrysburg car accident lawyer could help you regain control of your medical expenses and work to ensure that the insurance company repairs your car. Call today to schedule a consultation and get started on your case.