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  • Writer's pictureRobert Schuerger II

How to File a Lawsuit for Car Accident in Ohio - A Comprehensive Guide

The highways of Ohio have become dangerous places for all road users. Each day, many people suffer serious injuries or lose their lives after being involved in car accidents with reckless and negligent drivers.


Victims often find themselves burdened by medical expenses at a time when their injuries prevent them from going to work. In such cases, hiring a good car accident attorney and filing a personal injury lawsuit against the liable party is the best course of action.


However, receiving fair compensation from the at-fault driver or their insurance company is not always an easy thing to do. Often, lawyers have to fight tooth and nail to win maximum compensation in a car accident case.


Schuerger Shunnarah Trial Attorneys knows that, at times, going to war for its clients is the only way to receive justice and walk away with the damages they are owed. Victims can call its Cincinnati law offices right now to set up a free consultation where they can also discuss how to file a lawsuit for truck accident in Ohio.


When Should Victims File a Car Accident Lawsuit?

When Should Victims File a Car Accident Lawsuit?


The statute of limitations deadline for filing personal injury claims in Ohio is two years from the date of the car crash.


This means however long the case will take, the claims process must be started within two years or the victim will lose the right to seek fair compensation.


As such, the best time to file car accident claims is as soon as is practical. Understandably, in the aftermath of a major car crash, victims may need time to recover from their injuries enough to allow them to start taking legal action. However, the clock is already ticking.


An experienced car accident lawyer knows the value of filing an insurance claim early, and most reliable law firms are even willing to send someone to assist the victims while they are still recovering at home or in the hospital. For more information, a car accident law firm in Cincinnati OH may be able to help.


How to File a Lawsuit for Car Accident in Ohio - Five Steps


The Ohio car accident lawsuit process can be unpredictable. A liable party, for example, may decide to refuse to accept blame for the car accident which will set the stage for a tough legal battle.


In such cases, the car accident lawyers will need to use all the tools at their disposal to win the case.

However, the Ohio car accident settlement process will go much easier if victims take the right steps from the moment they survive the car crash.


After seeking medical attention for their injuries, the following steps are essential:


Collect Evidence

The strength of the evidence that can be brought against the liable party is an important factor in deciding who is at fault and determining how much compensation the victims should be awarded.


Victims can boost their chances of getting a fair offer from the insurance company by taking photos of the accident scene and gathering any physical evidence they think may be helpful. Their car accident attorney will then decide what items they can use.


Gather Medical Records, Documents, and Receipts

Determining the damages owed to the victim requires first going through all the car accident-related expenses that had to be paid, such as medical expenses, the cost of prescription medication, surgeries, doctor's visits, and trips to and from the hospital for medical care.


Victims will need to collect all receipts for medical bills and other expenses to determine the economic damages they are owed. As for the non-economic damages, such as pain and suffering, doctor's reports and pain journals can help prove to the court how much distress the victims went through.


Contact Potential Witnesses

Having witnesses testify about how the accident occurred will help strengthen a car accident claim. Victims must make sure they get the names and contact details of anyone who might have seen what happened and give these to their car accident attorney.


Alert the Insurance Company

The at-fault driver's insurance company needs to be notified about any car accidents that they may be held liable for so that they conduct an investigation and prepare a fair settlement agreement for the victim.


However, beyond this brief communication, victims should avoid speaking to any insurer or accepting an initial offer without their car accident lawyers present.


Call a Car Accident Lawyer

One of the determining factors regarding how the car accident lawsuit process will go is the experience of the attorney. Victims need to take great care when selecting a law firm to represent them.


Often, it is best to take time to research various law firms in the Cincinnati area and choose one that has a strong track record of winning maximum damages in a car accident lawsuit. In that regard, Schuerger Shunnarah Trial Attorneys have an impressive history of winning car accident cases.


How the Trial Process Happens


After the car accident claim is filed in the right Ohio civil court, the victim's attorney will start reviewing the evidence and formulating a strategy. On the other side, the negligent driver's insurer will receive the insurance claim and start doing the same. This part is called the discovery.


At this point, the insurance company may then decide to simply offer the victim a settlement offer rather than go to trial. If the offer is fair, the victim may choose to accept and avoid going through a lengthy car accident lawsuit process in court.


However, if the offer is too low, the attorney will have no choice but to take the car accident claim to court and seek justice from the judge or jury. This will activate the pre-trial process in which motions will be filed and evidence suppressed or dismissed.


Finally, the case will go to court and the trial will determine how much compensation, if any, the victim will be awarded.


Possible Damages in a Car Accident Claim

Possible Damages in a Car Accident Claim


When victims file a car accident lawsuit in Ohio, they can receive damages for any of the following:


  • Medical bills

  • Lost wages

  • Property damage

  • Cost of future medical care

  • Wrongful death

  • Pain and suffering

  • Permanent disability

  • Loss of companionship


A Good Lawyer Will Go to War for Car Accident Victims


With so many things that can derail the car accident lawsuit process, such as exceeding the statute of limitations or dealing with an uninsured or underinsured driver, victims need a good car accident attorney on their side.


Schuerger Shunnarah Trial Attorneys has been serving the people of Cincinnati in the great state of Ohio for many years now. A panel of expert car accident lawyers is available for a free case evaluation today.

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