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Talk to a lawyer today!
Ronald S. Weiss, Esq.
6725 West Central Avenue, Suite M #310
Toledo, OH 43617
Call Us Toll Free:
1-888-737-8001
Ask Ron and Jerry:
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Ohio Auto and Motorcycle Accidents
There
are many complex issues involved in the Ohio automobile and motorcycle accident law,
as such, legal assistance is highly recommended. In addition to
the complex nature of the law, it is constantly changing. The questions
and answers on this website are only intended to answer some common questions;
they cannot be used in the place of seeking competent legal advice for
your particular situation. |
Contact us for fair, honest and aggressive representation! |
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Is
Ohio a "No-Fault" state?
No.
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Who
would be responsible for payment of my pain and suffering?
Every case is very different. There could be one of many responsible
parties for such injuries.
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How
long do I have to pursue a claim for injuries sustained in an automobile
accident?
In Ohio, for adults, there is a two year statute of limitations.
This means
that you have
2 years from the date of the accident to resolve the claim or file
a lawsuit. There could be significantly shorter time periods in certain
situations and legal advice is highly recommended as soon as possible.
Additionally, minors have until one year after their 18th birthday
to either resolve the claim or file a lawsuit. If an uninsured or underinsured motorist policy is involved, then a different period could apply.
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If
the other driver was totally at fault, am I entitled money regardless
of injuries?
While Ohio law does not set a minimum threshold,
there are many factors that would need to be considered. Generally,
the answer would be yes, but the amount of any settlement would vary
based on these factors.
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How
much are my injuries worth?
Every case is different. There are several factors that go into
establishing the value of the claim. As such, you should call our
office as shortly after the incident as possible to make sure that
the claim is properly handled from the beginning.
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Should
I make a statement to the at fault driver's insurance company if
they call?
Although every case is different, you should likely not make
a statement to any insurance representative without at least making
a call to an attorney first. Remember, at our office, the call is
free. You need to be sure that the situation is handled properly
from the beginning.
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Should I seek medical attention for my injuries after an accident?
It is a good idea to seek proper medical attention as quickly after the accident as possible. Be sure to provide a proper history of the accident to your physician.
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Can I proceed if the at fault driver does not have insurance?
Your insurance policy will pay your medical bills if you have medical pay coverage. Also, your insurance policy may be responsible for paying for your pain and suffering if the at fault driver is not insured. Many policies provide for medical pay coverage and/or uninsured motorist benefits. It is important to know the terms of your insurance policy.
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What does non-economic loss mean?
Ohio § 2315.18.
Compensatory damages for economic and noneconomic loss in tort
actions.
(A)(4) "Noneconomic loss" means nonpecuniary harm that
results from an injury or loss to person or property that is a
subject of a tort action, including, but not limited to, pain and
suffering, loss of society, consortium, companionship, care, assistance,
attention, protection, advice, guidance, counsel, instruction,
training, or education, disfigurement, mental anguish, and any
other intangible loss.
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Can I still proceed if I am partially at fault for the accident?
Yes, but your recovery would be reduced by the percentage of fault attributed to your actions.
Ohio § 2315.35. Reduction of damages by percentage attributable
to plaintiff; judgment for defendants.
After
the court makes its findings of fact or after the jury returns its
general verdict accompanied by answers to interrogatories as described
in Section 2315.34 of the Revised Code, the court shall diminish
the total amount of the compensatory damages that would have been
recoverable by an amount that is proportionately equal to the
percentage of tortious conduct determined under Section
2307.23 of the Revised Code that is attributable to the plaintiff.
If the percentage of the tortious conduct determined to be attributable
to the plaintiff is greater than the sum of the percentages of
the tortious conduct determined to be attributable to all parties
to the tort action from whom the plaintiff seeks recovery plus
all persons from whom the plaintiff does not seek recovery in
this action, the court shall enter judgment in favor of the defendants.
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Ronald S. Weiss, Esq.
6725 West Central Avenue, Suite M #310
Toledo, OH 43617
Email: rweiss@ohiodogbites.com
Call Us Toll Free: 1-888-737-8001
Disclaimer: Use of this web site does not create an attorney-client relationship between you and Ronald S. Weiss, Esq. or Gerald L. Weiss, Esq. If you send an e-mail and they do not already represent you, your e-mail will not create an attorney-client relationship and will not necessarily be treated as privileged or confidential.
These materials have been prepared for this web site by Ronald S. Weiss and/or Gerald L. Weiss for informational purposes only. Nothing herein is intended to be legal advice and Ronald S. Weiss and Gerald L. Weiss expressly disclaims all liability in connection with the legal information contained herein. Do not act upon any information provided herein without first speaking with a qualified attorney or you do so at your own risk.
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