Car Accident FAQ
If you were badly injured in a car accident, you probably are wondering what your rights are regarding compensation for your hospital bills, lost wages, pain and suffering, and other damages.
The following is an overview of the most common questions we receive at Lamkin, Van Eman, Trimble & Dougherty, LLC. If you have more questions after reading, we encourage you to contact us and schedule a free consultation.
What Can I Collect Damages For?
It’s not unusual for accident victims to need extensive medical care such as surgery, regular doctor’s visits and physical rehabilitation. Meanwhile, you could be forced to stop working for a long period of time, costing you a great deal of income. You can get compensation for costs like these.
In addition, you may be able to recoup compensation for less easily calculated damages such as the pain and suffering you have experienced since the crash.
I Might Have Been Partly To Blame For The Accident. Can I Still Seek Compensation?
Maybe. Ohio law states that a personal injury plaintiff can be up to 50% responsible for the accident and still be entitled to damages at trial. However, if the jury determines the plaintiff was responsible by a certain percentage, it must deduct that percentage from its verdict.
For example, if a jury finds that the defendant was 75% liable and the plaintiff was 25% liable and that the plaintiff suffered $1,000,000 in damages, the plaintiff would receive $750,000.
Will My Case Go To Trial?
The vast majority of personal injury lawsuits settle out of court, so a trial is unlikely. At the same time, when negotiations do not yield fair compensation, a trial can be necessary. If there’s a trial, your attorney will help you prepare for court.
What Should I Say To The Other Side’s Insurance Company?
You have no obligation to say anything to them. Let your lawyer handle communications with the insurance adjuster and the insurance company’s attorneys.