Being involved in a car accident can be a trying and life-altering experience, leaving you with costly medical bills, lost income, and physical or emotional pain. If you've been injured in a car accident in Ohio, you may wonder how much your claim is worth. While every case is different, understanding the factors that influence compensation can help you gauge the potential value of your claim.
Factors Affecting the Value of an Ohio Car Accident Claim
The amount you can recover in an Ohio car accident claim depends on several key factors, including the severity of your injuries. The extent and type of injuries sustained play a major role in determining compensation. Serious injuries like broken bones, spinal cord damage, or traumatic brain injuries typically result in higher payouts compared to minor injuries.
The National Safety Council states the the average cost for non-fatal disabling injuries from car accidents was approximately $155,000 in 2023.
Medical Expenses
- Compensation for medical costs covers hospital bills, surgery, rehabilitation, prescription medications, and ongoing treatment. Keep records of medical expenses to support your claim.
Lost Wages and Loss of Earning Capacity
- If your injuries prevent you from working, you may recover compensation for lost wages during your recovery period.
- For long-term disabilities, you may also claim loss of earning capacity, calculated based on your age, occupation, and projected future earnings.
Property Damage
- Damage to your vehicle and other personal property can be claimed.
- Estimates from repair shops or replacement costs can substantiate this portion of your claim.
Pain and Suffering
- Non-economic damages, such as physical pain and emotional distress, are harder to quantify but are a significant component of compensation.
- Courts may use a multiplier method, applying a factor (e.g., 1.5 to 5) to your economic damages to calculate these intangible losses.
Ohio's Comparative Negligence Law
Ohio follows a comparative negligence rule, which can impact the amount of compensation you receive. If you are partially at fault for the accident, your compensation is going to be lowered by your share of fault. For example:
- If the total damages are $100,000 and you are found 20% at fault, your award would be reduced to $80,000.
- If you are more than 50% at fault, you cannot recover damages.
Common Types of Damages in Ohio Car Accident Claims
Economic Damages:
- Medical bills (past and future)
- Lost wages
- Property damage
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Rarely awarded in Ohio, these are meant to punish the at-fault party for particularly reckless or malicious behavior.
Steps to Maximize Your Car Accident Claim
To ensure you receive fair compensation, follow these steps:
- Seek Medical Attention Immediately
- Quick medical treatment not only protects your health but also documents your injuries for the claim.
- Document Everything
- Take videos and photos of the scene, vehicle damage, and visible injuries.
- Gather police reports, witness statements, and medical records.
- Hire an Experienced Personal Injury Attorney
- Navigating Ohio's car accident laws can be complex. An attorney is going to help you gather evidence, negotiate with insurance companies, and represent your interests in court if necessary.
- Avoid Settling Too Quickly
- Insurance companies often offer low initial settlements. Consult with your attorney to evaluate any settlement offers.
- Keep Records of Non-Economic Losses
- Maintain a journal of how the accident has affected your daily life, including pain, limitations, and emotional struggles.
The Role of Insurance in Ohio Car Accident Claims
Ohio law states drivers to carry a minimum of:
- $25,000 for bodily injury per person
- $50,000 for bodily injury per accident
- $25,000 for property damage
However, these minimums may be insufficient for severe accidents. If the at-fault driver does not have the insurance, you may need to file a claim under your own uninsured/underinsured motorist coverage.
Realistic Settlement Ranges
While no two cases are alike, here are general settlement ranges for Ohio car accident claims based on the severity of injuries:
- Minor Injuries: $3,000–$15,000
- Moderate Injuries: $20,000–$100,000
- Severe Injuries or Permanent Disability: $100,000–$1,000,000+
A 2020 report by the Insurance Research Council found that represented claimants received, on average, 3.5 times more compensation than unrepresented claimants, highlighting the importance of legal representation.
Statute of Limitations in Ohio
In Ohio, you have two years from the date of the accident to file a personal injury lawsuit. Failing to meet this deadline could forfeit your right to compensation. Exceptions may apply, such as in cases involving minors or government entities.
Conclusion
Determining the value of your Ohio car accident claim really depends on a wide range of factors, including the severity of injuries, economic losses, and applicable laws like comparative negligence. By taking proactive steps, maintaining thorough documentation, and consulting an experienced attorney, you can maximize your chances of obtaining a fair settlement.
Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away
Navigating Ohio car accident claims can be challenging. Fortunately, you don't need to do it alone. The experienced personal injury lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.
Contact us now for a free legal review.