An unfortunate car accident can cause grave injuries, financial distress, and losses. Unfortunately, thousands of on-road mishaps are reported in Ohio every year. The sudden impact of the crash can leave you grappling with questions. Regardless of the situation, you should consider talking to a lawyer. Ohio injury attorneys usually work with clients on a contingency fee, and therefore, it doesn’t cost a fortune to lawyer up. Car accident laws vary by state. In this post, we are talking about the key aspects worth knowing about Ohio car accident laws.
The statute of limitations
For the uninitiated, the statute of limitations sets the deadline for filing injury lawsuits. If you were injured in an auto accident and want to sue the other driver, you have to do so within two years. The deadline starts from the accident date. If you want to sue the other party for the death of a loved one, you have to file a wrongful death lawsuit within two years from the deceased’s date of death.
Comparative negligence in Ohio
When two or more drivers are partially to blame for the accident, the comparative fault system comes into play. Ohio follows what is called the “modified comparative negligence” rule. If you were partly at fault, you could only sue the other at-fault driver when your fault is less than theirs. If you are more than 50% at fault, you cannot recover anything, regardless of your losses. How does this work when it comes to the settlement? Let’s say that you successfully sued the other party for $100,000 and were also found to be 20% at fault. In this case, you can only get $80,000 as the final settlement because of your fault share of 20%.
Do you need an injury attorney?
Although not legally necessary, hiring an injury attorney can help maximize your chances of getting a fair settlement. Besides knowing everything about personal injury law in Ohio, lawyers know the local courts and can see through insurance tactics. They can negotiate better on your behalf, and if the insurance company is unlikely to cover your losses, your attorney can take the matter to trial. Lawyers can take care of the initial investigation work and gather evidence to substantiate and support your claim.
As we mentioned, you don’t need to pay an injury attorney immediately to avail their expertise. Get an attorney to evaluate your case and review the possible outcomes.
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