Car accidents can cause more than just physical injuries—they can lead to emotional distress, property damage, and financial hardship. If you’re dealing with mounting medical bills or lost wages, you might wonder, “How much can someone sue for a car accident?” In Ohio, the amount you can sue for depends on various factors, from the extent of your injuries to the insurance coverage involved. At Dyer, Garofalo, Mann & Schultz, we understand how overwhelming the aftermath of a car incident can be, and we’re here to help you deal with the legal process and fight for the compensation you deserve.
In this guide, we’ll break down how car crash lawsuits work, the factors that affect compensation, and what you can expect when suing for damages.
A car accident lawsuit is a legal claim filed by a person who has been injured or suffered damages due to another driver’s negligence. The injured party can seek compensation for their financial and emotional losses. If you’re involved in a vehicle collision and the at-fault party’s insurance doesn’t cover the full extent of your damages, filing a lawsuit may be necessary to recover what you are owed.
In Ohio, you typically have two options after an accident: settling with the at-fault driver’s insurance company or filing a personal injury claim. You can take your case to court if the insurance company’s offer is insufficient. A successful litigation can cover medical expenses, lost wages, property damage, and even non-economic damages like pain and suffering.
Several factors determine the corresponding amounts. Courts in Ohio consider these factors to evaluate the severity of the incident and the amount of compensation that should be awarded.
The most crucial factor in determining compensation is the extent and severity of the harm sustained. Depending on the nature of the accident, cases can range from minor fender benders to catastrophic collisions, with the compensation amount reflecting the impact on your physical health. If you have suffered serious injuries, such as spinal cord damage, traumatic brain injuries, or broken bones, your compensation will likely be higher to account for long-term care, rehabilitation, and any resulting permanent disabilities.
In Ohio, traffic disasters are alarmingly common. Over 290,000 happen each year, according to Enjuris, leading to thousands of lesions and fatalities. Significant wounds increase medical costs and have lasting effects on your quality of life, which must be considered when calculating damages.
Medical costs are a vital component of your compensation. The total amount you can claim will depend on both current medical bills and any future medical treatments you may require, such as surgeries, physical therapy, or medications. In cases of life-altering injuries, compensation may also cover ongoing medical needs, such as in-home support or specialized equipment like wheelchairs.
If your injuries prevent you from working temporarily or permanently, lost wages will be factored into the action. In cases where the accident results in long-term or permanent disability, you may also be compensated for loss of earning capacity. This means that if your impairments reduce your ability to earn the same income in the future, the settlement will reflect the financial impact of your reduced earning potential.
Any expenses to your vehicle or personal property involved in the accident will be compensated. This typically includes the cost to repair or replace your car. In some cases, personal items like electronics, clothing, or other valuables that were damaged in the crash may also be covered.
These refer to the physical pain and emotional distress you experience as a result of the accident. This form of compensation is more subjective but can significantly increase your overall settlement. Factors such as the intensity of the pain, the length of recovery, and the general impact on your life will be considered. Ohio courts may use a multiplier method, where your total economic damages are multiplied by a number (typically between 1.5 and 5), depending on the magnitude of your pain and suffering.
Ohio follows a comparative negligence rule, which means that if you are partially at fault for the accident, your compensation may be reduced by the percentage of your responsibility. For example, if the court finds you 20% at fault for the accident, your total compensation will be reduced by 20%. However, as long as you are less than 51% responsible for the accident, you can still recover damages.
A car accident settlement value is calculated by assessing economic and non-economic damages. These two categories cover all financial losses and intangible effects from the accident, requiring careful review of the specific circumstances of your case.
These are straightforward, quantifiable losses that can be easily calculated through bills, invoices, and pay stubs. They include:
Because these damages have a clear financial value, they are often the easier part of the settlement to calculate. Nonetheless, accounting for both past and future expenses remains fundamental. For instance, if you need ongoing medical treatment or are unable to return to work for several months, future costs should also be factored into the agreement amount.
On the other hand, these damages are more subjective and more complicated to quantify because they deal with the emotional and psychological toll of the accident. Examples include:
Non-economic damages are usually calculated using the multiplier method. In this method, the total of your economic damages is multiplied by a number (usually between 1.5 and 5, depending on the gravity of your trauma)—the more severe and long-lasting your harm, the higher the multiplier that will be applied.
If the at-fault driver in your car accident is uninsured or underinsured, recovering compensation for your damages can become more complicated. Despite this, there are actions you can take to ensure you’re not left paying out-of-pocket for someone else’s negligence.
First, if the responsible driver doesn’t have enough insurance to cover your damages, your uninsured/underinsured motorist coverage (UM/UIM) may come into play. Ohio requires insurers to offer this coverage as part of your auto insurance policy, and it can help compensate for medical expenses, lost wages, and property damage when the other driver lacks sufficient insurance. It’s a safeguard that steps in when the responsible party cannot fully cover your losses.
In cases where the driver is uninsured, you can file a claim under your UM/UIM coverage. If you don’t have this coverage, you may need to rely on other forms of protection, such as your health insurance or medical payment coverage (if included in your policy), to cover your expenses. Filing a lawsuit directly against the at-fault driver is another option, but recovery may be difficult if they lack financial resources.
It’s essential to take certain steps immediately after the accident to protect your case. Documenting the scene with photos, gathering witness statements, and notifying your insurance provider as soon as possible are key actions. As Forbes Advisor recommends, acting quickly ensures that your allegation is processed smoothly and that you preserve critical evidence to support your case.
Ohio has a high percentage of uninsured drivers, making it vital to have UM/UIM coverage to protect yourself financially in the event of an incident. Consulting with a car accident attorney can help you handle the intricacies of uninsured motorist claims and ensure you explore all available options for recovery.
When suing for damages after a car crash, you must identify all the parties who may be legally responsible for your injuries. These may include:
The compensation you can seek in a car accident lawsuit generally falls into three categories:
The total amount you can sue for after a catastrophe depends on the specific circumstances of your case. Ohio does not have a cap on economic damages, meaning you can recover the full amount of your medical bills, lost wages, and property damage. Regardless, non-economic damages, such as pain and suffering, are generally capped at $250,000 or three times the amount of economic damages, whichever is greater. For catastrophic injuries, such as those causing permanent disability or disfigurement, the cap may be lifted or significantly increased.
In most cases, there is no cap on economic damages when suing an insurance company or filing a lawsuit in Ohio. But, as mentioned earlier, non-economic damages, like pain and suffering, are generally capped unless the injuries are catastrophic.
Keep in mind that insurance policies also have their own coverage limits. For instance, if the at-fault driver’s policy has a liability limit of $50,000, that’s the maximum amount you can recover from their insurance, regardless of the seriousness of your wounds.
If you’ve been injured in a car crash in Ohio, find legal support with our experienced Dayton car accident lawyers. The legal process ahead can feel daunting, but you don’t have to face it alone. Knowing your rights and maximizing your compensation is essential for your physical, emotional, and financial recovery.
At Dyer, Garofalo, Mann & Schultz, our dedicated legal team has extensive experience in these cases, managing everything from complex uninsured motorist claims to securing fair compensation for pain and suffering. We are committed to advocating for the compensation you deserve, including medical expenses, lost wages, and long-term rehabilitation costs.
Contact us today at 937.222.2222 for a free consultation and the compensation you deserve.
Before establishing Dyer, Garofalo, Mann & Schultz L.P.A., Doug Mann, a top Ohio Injury Attorney served as a bodily injury claims adjuster at a major insurance firm. With over 40+ years of experience, Doug’s background has proven invaluable in securing maximum cash settlements for his clients swiftly. Since leaving the insurance industry, Doug has devoted his entire legal career to assisting injured clients during their times of greatest need.
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.
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