While most car accidents are settled between two parties’ insurers, at times it is necessary to file a lawsuit. While this is not usually the easiest option, a lawsuit can help you collect on all the damages you are owed and circumvent lowballing by insurance companies. But this decision should never be made lightheartedly, so it is important to be aware of all available information and seek council to help make this difficult decision. If you were injured or lost a loved one in a car accident, consider contacting an Ohio car accident lawyer today.
Statute of Limitations
In Ohio, the statute of limitations that applies for car accidents is the same as in most personal injury cases. Under Ohio Revised Code section 2305.10, you have two years after the accident to file a personal injury suit. This includes any claims filed by the driver, passenger, motorcycle rider, bicyclist, or pedestrian involved in the accident.
In the tragic event that you lost a loved one as a result of the accident, you have two years to file after the deceased person’s death. This is slightly different than personal injury claims as someone could die from wounds inflicted from an accident on a different day than said accident.
It is important to be aware of these timelines even if you think your situation will be handled through an insurance settlement. It will give you more leverage in settlement negotiations to have the option of litigation open on the table.
Consider the Other Party’s Insurance
Before you decide to sue the other driver, you should consider what his or her insurance would be able to cover out of your medical and vehicle damage expenses. If the insurance would cover all the damages, it may not be in your best interest to spend the time it would take to litigate the issue. If the other driver is uninsured or underinsured, you should check if you have insurance to cover these situations. Even if you do have uninsured/underinsured drivers’ insurance, the policy may still not be enough to cover all the damages.
There are also other non-economic damages that insurance policies do not sufficiently cover, but you could receive through litigation. These include pain and suffering, emotional and psychological distress, and loss of spousal companionship. You are also entitled to recover punitive damages too if you can prove the other party was acting recklessly or intentionally . By litigating instead of leaving the matter to insurance companies, you may be able to greatly increase your payoff.
Contact a Columbus Car Accident Attorney Today
If you were injured or lost a loved one in a car accident in Columbus or Toledo, Ohio, the Ohio Car Accident Lawyers is here to help you get through it. Whether you require assistance negotiating with insurance companies, litigating against other drivers or just general legal consultation on personal injury matters, we have the experience and skills to set you on the right track. Timing can make all this difference. Take charge now and contact us today for a free consultation. We promise to fight hard on your behalf.