After a tragic car crash in Toledo, you may have many questions on your mind. Do you have a valid claim against the other driver? If yes, what can you expect in a settlement? How long do you have to file an accident claim? What factors can influence the final compensation? You may have heard about cases where victims have won thousands of dollars in a settlement, but that may not be the situation for you. The circumstances surrounding a car crash are usually unique, and only when an attorney has evaluated your case can you expect a fair review of the situation. Law firms like grothlaw.com offer free consultations for clients, and you can meet skilled attorneys to get a free consultation for your case. In this post, we are discussing Ohio state laws related to traffic mishaps for your help.
Deadline for filing a car accident lawsuit
The statute of limitations in Ohio sets a time cap of two years for car accident lawsuits. If you wish to file a civil lawsuit against the other driver, you need to take action within that period. Remember that you will usually file an insurance claim with their insurer, which can take a chunk of your time. Even if you believe that the claim will be settled by the insurance company, you should keep enough time in hand to pursue a lawsuit. If you lost a family member and have the right to file a wrongful death lawsuit, you must act within two years from the date of the person’s death.
Comparative fault
When two parties share the blame for a car crash, Ohio’s modified comparative fault norm comes into play. If you were more than 50% liable for the accident, you are barred from seeking compensation from the other party. However, if your fault share is less than that, you may have a claim, but your eventual settlement will be reduced according to your percentage of the blame. Let’s say that you were 20% at fault and received $10,000 in compensation; your final payment will be reduced to $8,000.
Let an attorney fight for you
Insurance companies are never interested in paying for claims. The claims adjuster may try to push you to accept the first offer, which is unlikely to cover your damages. Your best bet is an attorney who will fight for your rights and negotiate the settlement, and if the case demands, they can file a lawsuit too.
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