How Personal Injury Claims Work in Ohio

After an accident, many people are unsure of what steps to take to protect their rights and recover compensation. Personal injury claims allow injured victims to seek financial recovery for medical bills, lost income, and other damages caused by someone else’s negligence.

“As injury lawyers, we step in to guide victims through the complex legal process. Working with a lawyer significantly strengthens your case and improves your ability to pursue fair compensation for the harm you have suffered,” says Ohio personal injury lawyer Charles Boyk of Charles E. Boyk Law Offices, LLC.

Keep reading for insight into how personal injury claims work in Ohio and what to expect.

The Personal Injury Claim Process

In Ohio, the claims process begins with thorough evidence collection. Document the scene by taking clear photographs and videos, and obtain statements or contact information from any witnesses. Seek medical attention promptly and ensure you retain all related records and documentation to support your claim. 

After you have medical documentation, you or your personal injury lawyer can contact the insurance company and send them the demand letter. The letter details the accident, the damages you have suffered, and the compensation amount you are seeking. The insurance company will review the demand and decide whether to accept it and pay the claim or negotiate for a different settlement amount.

However, if negotiations fail, the process proceeds to a lawsuit, starting with the victim filing a complaint. After the complaint is filed, the case moves to the discovery phase, where parties exchange evidence. Negotiations typically ensue, and if the negotiations fail, the case goes to trial, where the judge or jury listens to both sides and makes a determination.

How Compensation Is Determined 

The amount you receive in an Ohio personal injury claim depends on how severe your injuries are. The amount of compensation is determined through three types of damages. 

First, there are economic damages. These cover your tangible losses, such as medical expenses and lost wages. Then there are non-economic damages, which cover intangible damages such as pain, suffering, and loss of enjoyment of life.

In some cases, when someone has acted recklessly or intentionally, the court may award punitive damages. However, these are very rare, and the standard of proof is quite high, so most lawyers will not pursue this type of damages.

Securing legal representation is essential in these cases. An attorney will compile comprehensive evidence to clearly demonstrate the extent of your losses and suffering, significantly influencing the amount of compensation awarded. 

The Impact of Partial Responsibility in an Accident 

If you are partly responsible for an accident, the amount of compensation you receive is determined by your share of the liability. This is called modified comparative negligence. If you are partly at fault, but your contribution to the accident is 50 percent or less, you can still recover damages. The court will subtract your percentage of fault from your total damages.

For example, if your damages total $100,000 and you are 20 percent responsible, your award is reduced to $80,000. But if your liability is 51 percent or more, you are not eligible for compensation. Insurance companies will often try to shift more of the blame to you to minimize the payout. When you are working with a lawyer, insurers are less likely to engage in inequitable actions, ensuring that responsibility is distributed appropriately among all parties.

Selecting a Personal Injury Lawyer

You are not required to hire an attorney; however, choosing not to do so may result in recovering less compensation than you are entitled to receive. A personal injury lawyer can manage every aspect of your claim, including gathering evidence, negotiating with insurance companies, and preparing your case for trial if necessary.

When selecting a personal injury lawyer, it is best to look for someone who is familiar with your case type, has good client reviews, and is transparent about their fee structure. The best professionals clearly explain each step of the process, outline what you can expect, and take proactive steps to prevent unnecessary delays in your case.