If you have been involved in a car accident in Ohio, and suffered injuries, you may have been able to settle everything without going to court, but if important issues cannot be resolved, such as who was at fault, and the extent of injuries involved, you need to contact an attorney who is familiar with this type of lawsuit involving personal injury and automobile claims. They will have expertise in dealing with the insurance company and be familiar with their methods of negotiations.
The first thing your lawyer will do is file your case in a timely manner as the statute of limitations in Ohio is two years from the date of the accident, unless a death is involved. Then the time limit starts at time of death which may be later than the time of the actual accident. The statute of limitations to file helps to eliminate the loss or destruction of evidence over time, the witness memories of the accident diminished, accident scene marks and possible video footage erased. Waiting too long to consult a lawyer could cause an outright dismissal of your case, leaving you with no cause of action to get reimbursement for your expenses.
Ohio follows a modified comparative negligence rule in personal injury cases. The defendant in the case is going to try to put some of the blame for the accident on you to mitigate their damages. This rule allows a reduction in compensation according to the percentage of blame they can prove you are responsible for. If they can prove that you are more than 50% at fault, under Ohio law, you cannot collect any damages from the other at-fault party!
Your attorney will use all his skills to prove negligence on the part of the opposing party in your case. Negligence is defined as thoughtless or careless behavior, by doing something they should not have done, or not doing something they should have done and as a result they inflicted injury on another person. In the case of a vehicle accident, was the opposing party speeding, driving under the influence, distracted driving (texting, talking on cell phone,) or did they ignore a traffic sign or signal?
Your attorney, through investigative teamwork, accident scene skid marks or other signs of trauma to the area will prove that the accident was caused by another's negligence and try to assign the full percentage of fault to them. They will interview witnesses on your behalf, collect any video surveillance that may have been in the area of the accident, present a copy of the police report with the educated assumption of the officer as to what they observed and how they interpreted the accident based on prior incidents they have responded to.
With the help of your experienced Ohio attorney, you will receive just compensation for all of your medical expenses, past and future; wages lost because of the accident now, and long-term if applicable; emotional distress along with the pain and suffering you have endured because of another's negligent behavior.