If you are a victim in a Ohio personal injury case there are many obstacles to overcome in the journey to winning your case. Navigating this path can be stressful, tricky, and confusing. The five biggest hurdles to winning an Ohio personal injury case are having the information for a successful case, knowing what damages to fight for, your level of fault or liability, whether your case is against a public entity, and not knowing your legal rights.
Navigating these hurdles alone can feel overwhelming, which is why we’ve made this helpful guide. Here you can learn about the hurdles you may encounter in your case and how to avoid them. And for any questions you can always contact us at Spivak and Sakellariou with more questions.
1. Having the Information for a Successful Case
So you’ve been in an accident and you’re injured. There are a million things swirling around your head. This is an extremely unsettling and traumatic event. Gathering information about the accident may not be at the top of your priorities right now-–but it should be.
What information do you need for a successful personal injury case?
- The other party’s name, insurance, phone number, and address
- The time and date of the accident.
- Photos and descriptions of the damage of your vehicle and/or property
- Photos and descriptions of your injuries and anyone else’s injuries.
- Names and phone numbers of any witnesses.
- A detailed account written out of the accident including everything you, and all involved, can remember.
- Possibly, a police report
A police report can be optional. It may help your case, and it may be necessary, but it may not be legally required of you.
When Do You Need a Police Report?
A police report is required by state law in Ohio when serious injury needing medical attention or death occurs and when more than $1000 in property damage occurs. In all other cases a police report is not necessary, however it may be helpful. Having another source to confirm what exactly happened will always be helpful in a personal injury lawsuit.
If it is legally required for you to file a police report after an accident you have five days to do so according to Ohio state law.
2. Knowing What Damages to Fight For
So you know you’ve sustained financial losses, but what are those losses? And what can you count as a loss? Settlement negotiations can be split into two different categories—economic and noneconomic damages. What does this mean?
Economic damages can be thought of as easily totalable damages. This covers medical bills, lost wages, and any repairs needed for damaged property.
Noneconomic damages would include pain and suffering. Accidents are a traumatic event and you deserve to fight for the mental strain this has caused you as well as the physical strain. These damages are capped at $250,000 or three times the economic damages, whichever is greater.
The best way to understand the full scope of your economic damages is to contact one of our skilled personal injury attorneys today. Together we can fight for the insurance settlement that you deserve.
3. Fault and Liability
Another factor to consider is your fault and liability in the accident. If you share some part of fault or liability in the accident this may affect your case. Ohio operates under a comparative negligence principle. What does this mean?
Under Ohio’s comparative negligence laws if you are found to be more than 50% responsible for an accident you cannot recover damages. And if you are found under 50% responsible your insurance settlement could be decreased by the percentage that you are found to be at fault. This may sound scary but don’t fret! Contact us today so that we can work to stop you from reaching that 50% mark.
4. Filing a Case Against a Public Entity
Let’s say you are filing a case against a public entity. This could be any sort of public space that was responsible for your injury, such as faulty construction in a public school. Different laws apply to public entities. The statute of limitations or amount of money that can be recovered may be different. These are outlined in Ohio Revised Code 2743.02. If you believe you have a case against a public entity, contact one of our personal injury attorneys today to better understand your options.
5. Not Knowing Your Legal Rights
By far the biggest hurdle to winning an Ohio personal injury case is not knowing your rights. You should not begin any settlement negotiations or dealings with the at-fault party’s insurance company until you have legal counsel. Never let anyone pressure you into a decision without the appropriate counsel. You have a right to be informed on your case and to feel secure in your knowledge.
After an accident the most important thing you can do is contact one of our personal injury attorneys to help you navigate this confusing world and jump over these hurdles. With us on your side you have the best possible counsel.
Work With Us
We’d love to represent you. Here at Spivak and Sakellariou we exclusively focus on representing victims of accidents. As our sole focus we devote all of our energy and knowledge towards the victims needing representation. It costs absolutely nothing upfront to partner with us. We will only ever take a cut if we win your case. You can schedule a free consultation with us today.
There is no risk in partnering with us. Contact us today and let us help you fight to win your Ohio personal injury case.
