The negligent acts of others can often result in horrible accidents that harm innocent people. Unfortunately, this happens every day. While the person who carried out the negligent act may need to hire a criminal defense attorney to deal with any charges stemming from the incident, what should you do as the non-contributing party if you want to recover compensation for your losses stemming from the incident?
Victims like you often struggle to get the compensation they deserve even though they did nothing wrong.
While people know that accidents are inevitable and purchase insurance to protect their financial interests in that eventuality, doing so does little to prepare someone for others’ negligent, reckless, careless, or otherwise wrongful acts. You and your family may be left wondering if the U.S. legal system can provide answers. That’s where our law firm’s Cincinnati office can help.
You can expect our law firm’s experienced Cincinnati personal injury lawyers to spell out how they will fight for you to get fair compensation for your injuries at your initial free consultation.
We’re here to reassure you that there are legal options you can pursue when someone else’s negligence or wrongdoings results in an injury. Filing a civil lawsuit against the responsible individual or group may be one option for securing the financial help necessary to advance your recovery process. Additionally, getting legal assistance may provide a struggling or grieving family with the resources and opportunities necessary to move forward.
If you or a loved one has been harmed because of negligence, get in touch with the trial lawyers at Thomas Law Offices. Ohio citizens deserve to have trustworthy legal representation that will stand up for their rights when they’ve suffered personal injuries and other losses. Our injury attorneys are ready to speak with you and go over your options.
The attorneys at Thomas Law Offices have helped many Cincinnati residents with the following categories of personal injury claims:
If you’ve been injured, had property damaged, or both due to someone else’s actions, you’ll benefit from speaking with the Thomas Law Offices to fully understand what should happen next.
Anyone who has been injured by another party is entitled to seek compensation for any losses resulting from negligence. That is the guiding principle for personal injury claims. Within that principle, there are certain laws and regulations that can directly affect your ability to receive fair compensation.
These are the types of rights the attorneys at Thomas Law Offices thoroughly understand and will help our clients navigate through their personal injury claim process.
Modified Comparative Negligence: Under Ohio law, you can still recover damages if you are partially at fault for the accident, provided your fault does not exceed 50%. Your compensation will be reduced by your exact percentage of fault. If you are deemed 51% or more at fault, you cannot recover any damages. This is referred to as modified comparative negligence. This is why insurance companies will conduct exhaustive investigations in an effort to shift some of the blame from the accident onto you and limit their payout exposure.
Mandated Auto Insurance Limits: Every Ohio car driver must carry mandatory insurance. That proof of insurance must be shown to any law enforcement officer at traffic stops and accident scenes. The minimum requirements are as follows:
If the person who caused your car accident is only carrying the minimum, that would be the most you could collect from their insurance company. If your losses exceed those limits, you can move on to a personal injury lawsuit directly against the at-fault party.
Not every personal injury claim has to end up in a Hamilton County civil court. Many are settled before the need to file a civil lawsuit. However, if the claim is denied or the insurance company offers a lower amount than you deserve, we might recommend filing a civil complaint.
When you present the evidence in your civil trial, you’ll also include the full extent of your damages. Those include the following:
These are quantifiable, out-of-pocket financial losses resulting directly from the accident. They include the following costs:
These are subjective, non-financial losses that are intended to compensate for physical and emotional trauma. It is important to understand that, according to Ohio Revised Code Section 2315.18, your non-economic damages generally cannot exceed $250,000 or three times your economic damages, whichever is greater, up to a maximum of $350,000 per plaintiff.
Non-economic damages can include the following:
At a civil trial, you can be awarded punitive damages. These do not cover any direct losses but instead are meant to punish the defendant for especially egregious or reckless behavior. For example, if you were involved in an accident with a drunk driver, that would be considered egregious behavior.
You have enough on your plate. Get a free case evaluation and clear answers from our experienced attorneys today — we’ll take it from here.
When you file a personal injury claim, the primary evidence will be your account of what happened. However, to prevail, you need supporting evidence to back up your assertions.
The most critical pieces of evidence to secure include:
Medical Documentation: Your medical records will be the foundation of your claim. These reports will include:
Accident Scene and Visual Evidence: These include photographs and videos you might have taken at the scene. You should have photos that show visible injuries and property damage. There might also be security camera footage from nearby businesses or traffic camera footage.
Official Reports: These are the official documents that provide an objective, third-party account of the event. Typically, these would include police reports or incident reports for an accident that happened on a commercial property.
Witness Statements: If there were any witnesses to the accident, their statements can provide supportive evidence.
Financial Records: You will need to provide copies of medical bills, receipts, and employment records to prove lost wages.
Thomas Law Offices typically works on a contingency fee basis, meaning you pay no upfront legal fees. We only receive payment if we successfully recover compensation for your case through a settlement or jury verdict.
Yes, under Ohio’s modified comparative negligence law, you can recover damages as long as your percentage of fault is 50% or less. Your total compensation will be reduced by your specific percentage of responsibility for the incident.
As part of their investigation, an insurance adjuster might ask for a recorded statement. You should proceed carefully before making any recorded statement. Your statement locks you into a version of the event that could be used against you. You could inadvertently admit to something that can diminish your claim. Before committing to any recorded statement, you should speak with an attorney.
Every personal injury case is unique. The resolution of your case will depend on the severity of your injuries, how long your treatment will last, whether there are any disputes, and whether you need to file a civil lawsuit. Some claims resolve in months, while more complex cases may take significantly longer.
You may still have recovery options available, depending on the circumstances of your accident and the coverage sources available to you. Additional insurance policies or third-party liability may affect your options.
Many personal injury claims settle without going to trial. However, if negotiations fail or liability is heavily disputed, appearing for depositions, hearings, or court proceedings may become necessary.
Personal injury cases in Cincinnati often involve local courts and insurance adjusters who are familiar with regional claim patterns. They also include local medical providers and law enforcement agencies. Coordinating all of those elements in support of your claim requires strong legal representation that understands the applicable law and knows their way around the claim system. The Thomas Law Offices can provide that support from start to finish.
The experienced attorneys at the Thomas Law Offices understand the local landscape. We know exactly what evidence needs to be gathered and who to contact at local police agencies. Most importantly, we have the negotiating skills to work with insurers to secure the maximum amount to which our clients are entitled.
When questions come up, you deserve a legal team that is available to guide you through every stage of the process. That is what you’ll find with the Thomas Law Offices.
If you were injured because of someone else’s negligence, don’t navigate the process alone.
Contact Thomas Law Offices today for a free case evaluation to learn about your legal options and how we can help pursue the compensation you deserve.
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