Best Car Accident Lawyers Toledo, OH Of 2024 – Forbes Advisor – Technologist
Ohio has relatively simple laws for filing insurance claims and disputing the results of those claims in a car accident lawsuit. This doesn’t mean that winning a lawsuit is easy; it just means that Ohio doesn’t have many hoops to jump through to start the process, especially compared to the nearby state of Pennsylvania.
The simplicity of Ohio laws can be deceptive for car accident victims. They may think they don’t need a lawyer to represent them in their lawsuit. That couldn’t be further from the truth. Issues like admissible evidence, appropriate damages claims and pretrial motions can easily upend a case, and experienced lawyers are best equipped to handle those issues.
Ohio Statute of Limitations for Car Accident Cases
When someone is injured in a car accident, they have the right to file a lawsuit against the responsible party (and that party’s insurance company) to get compensation for the harm they suffered. However, this right has a time limit, called the statute of limitations.
In Ohio, the statute of limitations on lawsuits involving car accident injuries is two years from the date of the injury. If the deadline has passed, the case will likely be immediately dismissed when it is filed with the court.
Ohio Laws for Car Drivers
While Ohio car accident laws are relatively straightforward, most drivers are not experts on these laws. When a driver is involved in a car accident in Ohio, they should understand the following legal points.
- Damage caps. For noncatastrophic injuries, Ohio laws limit the amount of money a litigant can receive in noneconomic damages from a personal injury claim to the higher of $250,000 or three times the economic damages (to a maximum of $350,000).
- Reporting an accident. Drivers are required to report car accidents to the police if anyone is injured or killed or if the accident caused at least $1,000 in property damage.
- Crash reports. A driver involved in a car accident can request a copy of the crash report made by the responding police officer online at least seven days after the date of the accident.
Identifying Fault for Car Accidents in Ohio
Ohio is an at-fault state. This means that the insurance company for the driver who caused the accident pays compensation to the other involved parties for any injuries they sustain.
An insurance company employee will investigate the accident and review the damage to the vehicles. The employee may also interview witnesses to the accident (including the drivers). Based on the information gathered, the insurance company will determine who was responsible for the accident and how much compensation each party deserves.
When both drivers share some fault, this process may be different. Civil lawsuit awards in Ohio are subject to modified comparative negligence rules. In a personal injury lawsuit, the litigant can receive compensation only if they were no more than 50% at fault. If they were partially to blame, their compensation is reduced by a percentage equal to their share of fault. Insurance companies apply the same standard when determining awards.