Car Accidents Attorneys in Lima, Ohio

Liability for Car Accidents in Ohio

Ohio follows an at-fault insurance system, which means drivers responsible for causing car accidents are required to pay for all damages they cause as a result of their negligent or wrongful conduct. Damages may include medical bills, vehicle damage, the loss of income, pain, and suffering, mental anguish, emotional distress, and many others.

When a car crash occurs, the at-fault driver’s insurance company will be held responsible for paying for the damages they caused to the victim. Under Ohio law, accident victims have three options to obtain financial compensation from the at-fault party:

1. Filing a claim against the at-fault driver’s insurance company;
2. Filing a lawsuit against the at-fault motorist; or
3. Filing a claim against their own insurance company (then, the insurer will seek reimbursement from the at-fault party’s insurance provider).

If you have been involved in a car wreck, you must speak with a knowledgeable attorney to help you determine liability and explore your options for recovering compensation.

Ohio Insurance Requirements

Ohio law requires all motorists with a registered vehicle to carry mandatory auto insurance coverage. Minimum coverage requirements for a car insurance policy in Ohio include:

• $25,000 for injuries per person
• $50,000 total for injuries per accident
• $25,000 for property damage suffered in an accident

When a driver in Ohio registers or renews their vehicle registration or driver’s license, they are required to sign a sworn statement indicating that they will not be driving without valid insurance in the state. When an accident occurs, the at-fault driver who causes the crash may not have sufficient insurance coverage to pay for the victim’s damages and losses. In that case, the victim may need to file a lawsuit against the other motorist.

Personal Injury Laws in Ohio

Ohio law permits accident victims to file personal injury lawsuits in order to seek financial compensation. However, personal injury laws in Ohio give accident victims a limited amount of time to sue the at-fault party. Under state law, there is a two-year deadline for personal injury lawsuits unless one of the two exceptions apply:

• The injury could not have been discovered before the statute of limitations expired. If the injured victim could not have reasonably discovered their injury in the first two years after the accident occurred, they might still be able to file a lawsuit after the deadline expires.
• The victim was a minor at the time of the crash. If the victim was under the age of 18 when the car accident occurred, the statute of limitations would be tolled (or paused) until they reach the age of majority.

Since there is a limited amount of time to sue the at-fault driver for a car accident, a victim should not delay speaking with an attorney following the crash. A knowledgeable attorney will take on your case immediately and work toward the settlement to help you receive the compensation you need to get your life back on track.

Another state law that may affect your compensation following a car accident is the modified comparative negligence rule. It means that victims have the right to obtain compensation for injuries even if they shared some level of responsibility for the accident. However, individuals are not permitted to recover any damages if they are more than 50% responsible for the accident. Under the theory of comparative negligence, the victim’s damages reduce by the percentage of their own fault.

Filing a Wrongful Death Claim

When an individual dies because of someone else’s negligent act or misconduct, the surviving family members may be entitled to compensation under the wrongful death statute. In Ohio, the decedent’s family members may be eligible for compensation when the victim dies as a result of another party’s neglect, wrongful act, or default.

Under Ohio law, filing a wrongful death claim is available if the decedent would have had the right to pursue a personal injury claim had they survived. However, a wrongful death lawsuit in Ohio can be filed by the personal representative of the deceased person’s estate. The deceased might have named a personal representative during their lifetime if they left behind a will.