The Basics of Car Accident Injury Cases Explained
Car accidents usually lead to serious injuries. Sometimes it may even lead to fatal injuries. The liability in the event of a car accident case is fairly clear. The at-fault driver must compensate the injured person for car accident injuries.
Getting compensation in the event of a vehicle accident injury is your legal right. The injured person or the family of a person who has died in an accident can sue the at-fault driver. The guilty party must pay compensation to victims for pain suffered due to injuries.
In this post, you will learn basic information relating to vehicle accident cases. At Christopher Jackson Law, we have a team of legal experts who can help you get the compensation you deserve.
1. Selecting a Car Accident Lawyer
The foremost step in pursuing a vehicle accident injury case is to hire a seasoned attorney. You must hire an attorney who specializes in vehicle accident cases.
If you decide to hire an attorney for your case, you may have to sign an authorization document. The document authorizes the attorney to get copies of documents relevant to the case. These may include medical reports, salary slip, pharmacy receipts, and tax returns. The attorney will use the information to assess the amount that you can receive for the injuries.
The car accident lawyer will also ask you a series of questions to know more about the case. Questions will relate to different aspects of the case. Some questions that the attorney may ask you include the following.
· How did the accident happen?
· How long have you been suffering due to the injury sustained in the car accident?
· When you contacted a doctor to treat your injuries?
· Which doctors have you seen? What treatment have you received? What medications were you prescribed?
Make sure that you provide detailed and honest answers to the questions. The attorney will assess the information to know about the strength of your case.
2. Parties to a Car Accident Injury Case
The injured party is the Plaintiff. The at-fault party is the Defendant.
3. Filing a Car Accident Injury Case
All personal injury cases including car accident injury cases involve two parties. You are referred to as the plaintiff or the victim of the lawsuit. The party from whom you seek compensation is the defendant or the toreador. Your vehicle accident attorney will identify the defendants and extent of the liabilities.
If you try to settle the case prematurely, you may not be adequately compensated. That said, you should not wait too long to file the vehicle accident injury case.
Every state has a statute of limitation that determines how long you can wait to file a lawsuit. This statute of limitation will dictate when you should file a personal injury case relating to car accidents.
4. Statute of Limitation
Statute of limitation will dictate when you should file a car accident injury case. The limitation is not the same in every state. Some states allow one year to file a personal injury claim, while others allow two years.
In Ohio, the law that relates to the statute of limitation for personal injuries is Revised Section 2305.10. This law state that a personal injury case must be filed within two years from the date when the injury becomes known.
5. Calculating the Car Accident Injury Claim
Your attorney will calculate the compensation amount for car accident injuries. Car accident injury lawyers use a different formula to arrive at the compensation amount. Two common methods that are generally used to determine the compensation amount include:
· Daily rate method
· Multiplier Method
You can contact our vehicle accident attorney to know the details of the above two formulas.
6. Adjust Your Compensation Claim
Keep in mind that the compensation amount will be adjusted in case you are to blame for the accident. The extent to which your compensation will be reduced depends on the state where the accident happened. There are different types of negligence rules relating to vehicle accidents.
In the state of Ohio, the modified comparative negligence rule applies.
As per this law, the compensation amount is reduced according to the percentage of your fault. If you are 30 percent at fault of the accident, your compensation will be reduced by the same percentage. In case your fault is greater than 50 percent, you won’t get any compensation.
An important point that you should remember is to never admit your liability. It’s the job of the other attorney to determine whether you are to be blamed for the accident. In such as a case, the attorney will press for the liability to be reduced.
7. Payment of a Car Accident Injury Claim
In most cases, the guilty driver does not pay the compensation amount. Instead, the insurance provider of the driver pays compensation for the damage. Insurance coverage in most vehicle accident cases covers the compensation amount. But the fact that the insurance company pay the compensation does not make it your ally.
Quite the contrary, the company will try to get the court to minimize the compensation amount. That’s why it’s essential that you hire a seasoned attorney to defend your case. A vehicle accident attorney will try to get the maximum possible compensation for you. An experienced attorney will know how to marshal evidence that results in the best possible court outcome.
Christopher Jackson Law firm has a track record of success in car accident cases. Our expert legal specialists will work with you to help you get an adequate compensation. You can benefit from the legal wisdom, negotiating skills, and extensive knowledge of our car accident attorney.
You can contact us to get a free initial consultation for a vehicle accident injury case in Ohio. We can guide you through the steps required to file a car accident compensation claim in the state.