How Much Can Someone Sue for a Car Accident in Cincinnati, Ohio?
November 7, 2024 | By Colombo Law
If you were injured by another driver, a car accident attorney in Cincinnati, Ohio, can evaluate your case and determine how much you may be entitled to in compensation. Multiple factors go into calculating the value of a car accident claim. Colombo Law has the skill and experience to help you obtain maximum compensation for your injuries.
Call 513-599-8841 today for a FREE case review. Our car accident attorneys serve clients in Cincinnati and throughout Ohio.
Can You Sue Someone for a Car Accident in Ohio?
First, it is important to know when you can file a lawsuit following a car accident. In Ohio, legal action can be brought against drivers whose negligence leads to a crash in which someone is injured or dies as a result of their injuries.
Most car accident claims are resolved through a settlement with the other driver’s insurance company. There is often no need to file a lawsuit, let alone take the case to trial.
However, if the insurance company refuses to be reasonable and a satisfactory settlement cannot be obtained, it may be necessary to sue for damages. The car accident attorney in Cincinnati, Ohio you choose to represent you can file the lawsuit on your behalf.
What If I Was Partly at Fault?
Fault for a car accident isn’t always cut and dried. Sometimes the actions of the injured driver contribute to the collision.
Thankfully, Ohio’s comparative negligence rule allows plaintiffs to preserve their right to compensation so long as their fault does not exceed that of the defendant(s). If you are found to be partly responsible for the car accident, any compensation will be reduced by the percentage of fault attributed to you.
Say your injuries from the accident leave you with $100,000 in damages. The evidence shows that the other driver was 80% responsible for the crash, while your share of fault is 20%. In this example, you would still be entitled to $80,000.
The question of fault is a common source of disputes in car accident claims. Ultimately, a court may need to decide who was at fault and what compensation (if any) the plaintiff is due. A car accident lawsuit should include all damages, with the understanding that the actual settlement or award may be less than what you seek.
What Is the Maximum You Can Sue for a Car Accident?
Every car accident case is unique, including the compensation at stake. Factors that need to be accounted for when calculating the value of your case include:
- The nature of your injuries
- How serious the injuries are, including the long-term prognosis
- Financial losses associated with the accident
- The impact of the accident on your physical and emotional health
- Available insurance coverage and policy limits
- Liability issues (i.e., multiple defendants, comparative negligence, etc.)
A car accident attorney in Cincinnati, Ohio can help you determine what damages should be included in your claim. You may be entitled to compensation for the following:
Economic Damages
Generally speaking, medical expenses make up the majority of the economic damages in a personal injury claim. It is crucial to account for all medical bills to date, as well as the cost of any treatment you will require in the future. This may include:
- Emergency room care
- Hospital stays
- Surgery
- Postsurgical recovery
- Rehabilitation, such as physical and occupational therapy
- Appointments with your doctor and specialists
- Prescription medications
- Medical equipment and assistive devices
- Travel for medical treatment
- Counseling and therapy
Lost wages may also represent a significant portion of your economic losses following the accident. Your claim should include all of the wages you would have earned were it not for the accident, as well as the income you are expected to lose if your injuries prevent you from working in the future (known as loss of earning capacity).
If you were not employed prior to the accident but were responsible for the household, you may be entitled to compensation for loss of services. This may include domestic activities such as home maintenance, childcare, and more.
Non-Economic Damages
Also known as “non-pecuniary loss,” non-economic damages refer to the subjective impact of the accident and subsequent injuries on your physical, emotional, and psychological well-being. Non-economic damages may include a number of intangible losses:
- Pain and suffering
- Mental anguish
- Scarring and disfigurement
- Permanent disability
- Loss of society
While no limitations are imposed on economic damages, Ohio law limits the recovery of non-economic damages to the greater of (a) a maximum of $250,000 or (b) three times the value of the plaintiff’s economic loss. Exceptions to the damages cap are made in the event of the following:
“(a) Permanent and substantial physical deformity, loss of use of a limb, or loss of a bodily organ system;
(b) Permanent physical functional injury that permanently prevents the injured person from being able to independently care for self and perform life-sustaining activities.
Punitive Damages
The plaintiff in a car accident lawsuit can claim both compensatory damages (economic and non-economic damages) and punitive damages. If the court awards compensatory damages to the plaintiff, the trial will enter a second stage where the right to punitive damages will be determined.
Punitive or exemplary damages are an additional form of compensation intended to punish the defendant. They are only available if the court finds that the defendant’s conduct constitutes “malice or aggravated or egregious fraud” (see Ohio Revised Code § 2315.21).
Generally, a judgment for punitive damages may not exceed two times the compensatory damages awarded to the plaintiff. In a claim brought against an individual or small employer, punitive damages may be further limited to 10% of the defendant’s net worth (up to a maximum of $350,000).
What If My Loved One Was Killed?
Surviving family members may be entitled to compensation through a wrongful death claim if their loved one is killed in a car accident. A car accident attorney in Cincinnati, Ohio can help you through your grief and identify the damages you are due.
Compensation that may be recovered for wrongful death includes:
- The cost of burial or cremation
- Funeral expenses
- Loss of income
- Survivors’ mental anguish
- The decedent’s pain and suffering
- Loss of household services
- Medical expenses
- Loss of society
The Ohio Constitution prohibits limits on recoverable compensation in a wrongful death claim. An experienced lawyer can calculate all of the damages in your case and seek to maximize your recovery.
Contact a Car Accident Attorney in Cincinnati, Ohio
At Colombo Law, we represent clients in Cincinnati and throughout Ohio who have been injured or lost someone they love in a car accident. Our goal is to obtain the optimal result for your losses. A key component of our approach is to prepare each case as though it will end up going to trial. If it is necessary to file a lawsuit and pursue litigation, we’ll be ready.
