There are many different types of personal injuries you could suffer from, and it can unfortunately be quite burdensome for you to bear the consequences. Most personal injuries are caused by other people’s actions or negligence; in some cases, though, injuries are caused by product defects, car accidents, motorcycle crashes, semi accidents, animal bites, workplace injuries, or even food poisoning. Personal injuries can occur due to a multitude of factors, with each case varying from one another. Even so, the laws applied or interpreted for different cases are most likely the same.
Personal injuries are often settled by the defendant’s insurance company, but the settlement for damages done can also depend on the severity of the situation. As such, further action can be taken to court to claim more proper compensation.
To file for a personal injury claim, you must first determine the entity legally responsible for the personal injuries you may have sustained. Afterward, a claim is in order if you can associate the injuries you have suffered with the accident itself. There are many types of personal injuries you may suffer in the state of Ohio – most commonly from car and boating accidents.
It was reported in 2019 that there are over 10,000 car crashes investigated involving personal injuries in Ohio. These claims include crashes that may involve two or more vehicles or when a vehicle crashes into a pedestrian or a cyclist. Car accidents are the most common accidents in which local residents suffer personal injuries. In extreme cases, victims of car accidents may suffer long-term personal injuries to their spine, neck, or back.
Boating accidents are also common in Ohio. Personal injuries that result from a boating accident usually result from driver distraction or because the individual was under the influence of drugs or alcohol (OVI, or operating a vehicle under the influence). Other accidents that could result in a personal injury claim include dog bites, motorcycle accidents, and medical malpractice claims.
If you are involved in an accident and may have suffered personal injuries, it is advised that you document your surroundings first to remember relevant details that you could use later. You should get yourself checked out by medics for injuries that you may have sustained. After being treated, you should consider gathering up evidence such as medical records, pictures of any injuries you have sustained, photos of the crash site, police report, and any legal documents that would help you strengthen your personal injury claim.
After gathering evidence, you should then direct your attention to the one who caused the accident. A proper resolution can be well in place if you are willing to cooperate with the responsible party. If your intention is to bring the case to court, you should not accept any financial settlements as this may imply that your claim against the person responsible is already resolved by means of the financial compensation you have received.
In some cases, the person who caused the accident may flee from the scene. In such a situation, you should contact the police to track down the person responsible for the accident.
If you are injured in an accident, it is sensible that you would immediately seek help from an insurance company. Your health or auto insurance policy might cover your bills, but another option is to have those costs covered by the at-fault party’s insurance. You may be able to contact the at-fault party’s insurance company to file the claim you are considering. Upon further evaluation of your case, you can proceed to file a formal insurance claim to compensate for the injuries you have sustained.
It is helpful to recall that the statute of limitations regarding personal injury in Ohio grants the afflicted party up to two years after the date of the injury to be able to file a lawsuit against the party responsible for the injury. If you fail to get your lawsuit filed within this window, however, the Ohio courts will most likely refuse to hear your case.
There are also cases in which both parties involved in an accident are partially at fault. In such cases, the compensation of the injured party can be reduced depending on the level of liability he or she is assigned. As the injured party, if you bear more than 50% of the liability, you cannot collect anything from the other party at fault.
At Kruger & Hodges, we understand it can be difficult to depend solely on your own finances or insurance policy when you have suffered personal injuries. You should contact a trusted personal injury attorney to help you claim the insurance you need. For more legal advice and free evaluation of your case, please call us today.