Last updated on August 3rd, 2023
A car crash is a terrifying thing. You or your loved ones may be seriously injured and your vehicle may be destroyed.
If the accident was not your fault, you shouldn’t be responsible for paying huge medical bills and car repair costs. Whether you were a pedestrian, in a car or truck, or on a bus, plane, or motorcycle, our experienced Ohio car accident attorneys will work to get you the maximum possible compensation for your injuries.
In Dyer, Garofalo, Mann & Schultz we have decades of experience in fighting for the rights of injured parties and we know how to get results. We can retain an accident reconstruction specialist, road safety specialist, and other experts to help prove your case. If you’ve been in an accident, save all the documentation of the crash and any medical care or other expenses you incur and reach out to our Ohio car accident lawyer for a free consultation.
Car accidents often lead to physical, emotional, and financial injuries. In such unfortunate situations, you can be legally entitled to compensation, usually known as damages, for the injuries and losses you endured. You need to understand the types of compensation available for car accident victims.
The compensation available can be broadly categorized into two categories: economic and non-economic. Economic damages are measurable losses that can be verified by bills, receipts, and statements of value. On the other hand, non-economic damages are awarded for less tangible losses resulting from the accident.
One of the primary compensations sought after a car accident is coverage for medical expenses. The National Highway Traffic Safety Administration reports that medical bills per person per car accident or injury range around $15,000. This includes the following:
Insurance policies typically cover these expenses up to certain limits.
Car accident injuries may require victims to take time off work for recovery. You can seek compensation for the wages lost to address the financial burden caused by the inability to work during this period. This includes both current and future income that may be affected by the accident.
When vehicles collide at high speeds, they create more force and momentum, leading to more severe impacts and greater property damage. Collisions at high speeds can crush or deform vehicles, causing extensive damage.
Compensation for property damage involves the repair or replacement costs of the property involved in the accident. Additionally, it may cover other damaged property, such as personal belongings inside the vehicle.
Beyond tangible losses, compensation for pain and suffering covers the emotional and psychological impact of a car accident. This subjective form of compensation considers factors like emotional distress, anxiety, depression, and the overall diminished quality of life resulting from the accident.
In cases where the accident leads to a significant impact on personal relationships, loss of consortium compensation may be sought. This includes the loss of companionship, support, and intimacy due to injuries sustained in the accident.
Punitive damages are awarded if the at-fault party’s actions were particularly egregious or intentional. Unlike compensatory damages, which aim to reimburse the victim, punitive damages punish the negligent party and thwart similar negligent actions.
In tragic cases where a car accident results in death, one can pursue wrongful death compensation if they are a surviving family member. This compensation is meant to cover the loss of guidance and mentorship and the emotional toll caused by the loss of a loved one.
-> See car accident compensation.
Medical expenses are relatively easy to prove once you reach maximum medical improvement (MMI), as are lost earnings and disfigurement.
However, proving pain and suffering compensation can be tricky.
Pain and suffering damages are important elements of your financial recovery that compensate you for physical suffering. Most people underestimate the amount that they can win.
Suffering is inherently subjective, and the challenge is to find objective evidence of subjective suffering. Following are some possible forms of evidence:
It is also a good idea to keep a journal in which you record your own experiences and how the accident has affected you. Describe your pain, its duration, what kind of assistance you required from caregivers, any activity you have had to give up or postpone, and any anxiety or depression that you have experienced.
Many individuals face different car accidents on Ohio roads. Each type is unique in what causes it and the potential risks. Here are several types of accidents which are reported in Ohio:
Low-speed accidents may not be the worst of any driver’s worries, but they are still known to be a cause of severe damage. These accidents are mainly fender-benders and parking-lot collisions that occur below speed limits. They may happen in parking lots, driveways, or intersections with reduced speed limits.
Despite the lower speeds involved, these accidents can still lead to injuries and property damage. They often result from factors like distracted driving, failure to yield, or misjudgment of distances.
Rear-end collisions are among the most common types of accidents. These occur when one vehicle collides with the back of another, especially during high traffic volumes, at stop signs, or at red traffic lights.
Common causes of rear-end crashes include:
Common injuries from rear-end accidents can range from minor whiplash to more severe spinal injuries.
Head-on collisions are mostly dangerous and often result in severe injuries and fatalities. The Insurance Information Institute (III) estimates that 10.2% of all vehicle crashes are head-on collisions. These accidents occur when two vehicles collide at the front.
Some of the factors contributing to head-on collisions include:
T-Bone car accidents happen when the front of one car collides with the side of another to form a “T” shape. Mostly, such crashes are caused by driver negligence, such as distracted driving. Intersections are common locations for these accidents, often due to drivers running red lights or failing to yield the right of way.
Single-car crashes involve only one vehicle and can result from various factors such as hitting a fixed object, adverse weather conditions, road hazards, or driver error. The III estimates that single-car accidents, especially those that involve hitting a fixed object, make up 5.6% of all U.S. car crashes.
Mostly, negligent drivers may hit different objects on the road, such as:
In such cases, where there may not be another driver at fault, individuals involved in single-car accidents may still seek compensation, especially if road conditions were poorly maintained.
Sideswipe accidents mean the sides of two vehicles colliding, which account for almost 2.7% of all car accidents.
These accidents often happen when drivers change lanes without proper signaling, misjudge distances, fail to stop, speed, or are distracted. While sideswipes may be considered minor, they can still lead to significant damage and injuries.
Negligent drivers are the cause of most accidents in Ohio. Therefore, it is important to know the next steps to take after being involved in a car accident and how an Ohio car attorney can help you.
Here are the appropriate steps to take after an Ohio car accident:
Immediately after the collision, check yourself and others for injuries. If anyone is injured, call 911 to seek emergency medical assistance. If it’s safe to do so, move to the side of the road to avoid further risk of injury from oncoming traffic.
To prevent additional accidents or hazards, it is recommended to use hazard lights, flares, or reflective triangles to signal other drivers. This helps create a safe environment around the accident scene.
Contact law enforcement, even for seemingly minor accidents. A police report is key during insurance claims and legal proceedings. Provide accurate information about the accident when reporting to the dispatcher.
Exchange information with the other drivers or parties to the accident. Collect names, contact details, insurance information, and vehicle registration numbers. If there are witnesses, obtain their contact information as well.
Be cautious about making statements that could be used against you later. Only talk about facts when discussing the accident with the police, other drivers, or witnesses.
For instance, if you apologize at the accident scene, that statement may be used against you later in legal proceedings or when dealing with insurance companies. Even if you believe you were partially at fault, it’s advisable to refrain from making statements that could be construed as an admission of full responsibility.
Better still, let your Ohio car accident lawyer issue the necessary statements to insurance companies if required to do so.
After an accident, it is not uncommon for memories and details of the accident to become blurred. Therefore, you need to document the incident while the details are fresh in your mind to ensure accuracy.
Take photos of the accident scene, including road conditions, vehicle damage, and any relevant road signals. This visual documentation serves as evidence during insurance claims or legal proceedings. A more efficient and accurate evaluation of the circumstances surrounding the accident expedites the claims process.
Prompt medical attention is essential for addressing injuries that may manifest immediately after the accident. Some injuries, such as fractures, contusions, or whiplash, may not surface immediately due to the adrenaline and shock experienced during the incident. Seeking medical care ensures that any immediate injuries are identified and treated promptly.
Also, timely medical attention establishes a clear link between the incident and the injuries sustained. Medical records establish documentation that details the nature and extent of injuries, diagnostic tests, and prescribed treatments. These records prove that the injuries were a direct result of the accident, which is invaluable for insurance claims or legal proceedings.
Note that consistent medical care helps avoid medication gaps, which can be exploited by the opposing counsel during legal proceedings. If there are delays in seeking treatment or if there are gaps in medical records, opposing counsel may argue that the injuries were not severe.
For example, if you delay seeking medical attention for a head injury and there is a gap in treatment, the opposing counsel might argue that the delay indicates the injury was not as serious as claimed. Additionally, they might argue that intervening events or pre-existing conditions could be responsible for the injuries.
In Ohio, if the accident causes injury, death, or property damage exceeding $1,000, you must file an incident report with the Ohio Bureau of Motor Vehicles within six months. Importantly, be sure to obtain a copy of the report for your records. It acts as a reference for your understanding of the events.
In some states, you will make a claim with your own auto insurer, in what is referred to as a first-party claim. In these “no-fault” states, it doesn’t matter which driver caused the accident.
Not in Ohio. In Ohio, you will file a claim with the liable party’s insurance company in what is referred to as a third-party claim. Ohio is among 38 states that are known as “tort states.” In a tort state, the insurance company of the individual who is at fault for the accident will have to pay for your damages.
Ohio law gives you a limited amount of time to file a lawsuit for damages, so act quickly. Make sure to contact a car accident lawyer in Ohio today if you need legal help related to any auto accident law or compensation for damages.
For your own sake, the very first thing you should do is remain at the scene of the accident – you’re breaking the law if you leave. Check for injuries, and then get out of the way of danger. See more steps to take following an accident here.
The most common car accident injuries include whiplash, soft tissue injuries, lacerations, broken bones, burns, neck and back injuries, concussion and TBI, internal bleeding, and more.
Leaving the scene of an accident is illegal in Ohio. You’ll have 24 hours following the accident to tell police of the time, location, and extent of the damage. Read more here.
A drunk driving accident is one that occurs with a blood alcohol concentration (BAC) of 0.08 or higher. Further details regarding fault and potential consequences can be found here.
At a minimum, the state of Ohio requires $25,000 for bodily injury coverage for one individual, $50,000 for bodily injury of two or more individuals, and $25,000 for property damage. See more Ohio insurance requirements here.
After an accident, and being inundated with offers from out-of-town lawyers, I called DGMS, and I am glad I did. They took over and I received a maximum payout very quickly after all the medical was done. Especially, Amy K. who always took my calls, and answered all my questions promptly. Thanks Amy K.
My attorney was/is Dominic Zambelli and from the very start, my experience with him was amazing. He explained what I needed to do for the case, the timeline, and put my mind at ease immediately. Fast forward six months, my case is settled and I am very happy with the result. If you are ever, and I mean EVER, looking for an honest, transparent, and diligent lawyer, call DGM&S and ask for Dominic. You will not be disappointed.
This will be the second review I have written. Can not say enough about Mr David Marquis, he has went above and beyond for me with my case. From day one, he has worked very hard for me to ensure that I would get what I was deserved. Also, his paralegals, Amy Smith and Allison was a God send. Whenever I had a question, they would get back with me within minutes.
I would highly recommend you to anyone. Thank you Mr Marquis and your staff for all you have done for me.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Doug Mann who has more than 20 years of legal experience as a practicing personal injury attorney.
If you or a loved one has been seriously injured, please fill out the form below for your free consultation or call us at 1.937.222.2222
