Your Guide to Car Crash Compensation in Ohio

If you’re sitting in your car after a crash and wondering what you’re entitled to, you’re not alone in having that question cross your mind. This is a question many individuals have after a car crash, but it can be difficult to answer.

How much car crash compensation you could get in Ohio depends on a variety of factors, making each case different from one to the next.

In this post, we’ll discuss the types of compensation available to individuals involved in car crashes in Ohio, how that compensation is calculated, and the factors that can affect the compensation awarded to crash victims.

Key Takeaways

Here’s a quick overview of the key information regarding car accident compensation in Ohio:

• Compensation can be divided into two categories: economic and non-economic damages.
• Economic damages are for things like medical bills and lost wages. Non-economic damages relate to pain and suffering.
• If you are found to be partially at fault for the accident, your compensation will be reduced according to Ohio’s comparative negligence rule.
• You have two years from the date of the accident to file a claim.
• Your compensation will depend on the strength of your evidence.

The Two Main Types of Compensation

Compensation for car accidents typically refers to two categories: economic and non-economic. Each of these damages is calculated differently.

Economic Damages

Economic damages are the financial costs associated with your car accident. These are the measurable losses you sustained due to the crash, supported by receipts, bills, or pay stubs. Examples of economic damages include:

• Medical expenses (incurred and future costs)
• Lost wages
• Reduced earning capacity
• Property damage, including repairs to your car
• Out-of-pocket expenses for healing

These damages are calculated based on documentation, such as receipts and invoices. However, in many cases, future medical expenses and ongoing lost wages will require the assessment of medical experts or financial advisors.

Non-Economic Damages

Non-economic damages are subjective and losses specific to the person that cannot be accounted for with an invoice. These damages include:

• Pain and suffering
• Emotional distress
• Loss of enjoyment of life
• Disfigurement or permanent scarring
• Loss of consortium (impact on your relationship with your spouse)

These damages are calculated based on the severity of your injuries and the impact that they have had on your life. This category of compensation often benefits from proper documentation and the guidance of an experienced personal injury lawyer.

What Affects How Much You Can Recover

The amount you may be awarded in your Ohio car accident claim is not fixed. Several factors will impact the amount of compensation that you may be entitled to recover.

The severity and permanence of your injuries will play a major role in calculating your compensation. Generally, the more severe and lasting your injuries are, the greater the compensation that you could be awarded.

The quality of your medical documentation will help to prove the link between your injuries and the car accident. If you did not receive treatment for your injuries after the collision, the insurance company may use that to argue they are not responsible.

The level of fault that can be proven against the other driver will impact your case; the more fault established against the other driver, the stronger your claim will be.

Available insurance coverage from the at-fault driver will also limit compensation to the policy limits. As such, you should have uninsured and underinsured motorist coverage.

Finally, your level of fault will affect your claim; Ohio follows a modified comparative negligence rule, which we will discuss below.

Ohio’s Comparative Negligence Rule

Ohio uses a modified form of comparative negligence under Ohio Revised Code § 2315.33. If you are found to be at fault for the accident in any way, your compensation will be reduced by the percentage of fault that is determined to be yours. If you are determined to be more than 50% at fault for the accident, you may not be able to recover anything from the at-fault driver.

For instance, if the total damage is $100,000 and you are found to be 20% at fault for the accident, your compensation will be reduced to $80,000.

This is one of the reasons insurance companies attempt to assign fault for accidents to the injured party. The less money the insurance company has to pay out in the event of the accident, the better it is for them.

Fault can be proven by presenting evidence from the accident scene, thoroughly reviewing the accident report, and carefully communicating with the insurance companies involved.

Evidence Is What Turns a Claim Into Compensation

Compensation won’t come automatically just because you were hurt in an accident. There needs to be evidence showing how the accident contributed to your injuries.

Some of the most important kinds of evidence include:

• Police reports of the accident
• Photos of the accident, your vehicle, and your injuries
• Medical records and bills
• Statements from the witnesses of the accident
• Proof of your lost income

Having this evidence will help establish the compensation you are entitled to. For a deeper dive into the types of evidence you can collect in Ohio to prove your case, see our guide to personal injury evidence in Ohio.

Common Mistakes That Can Reduce Your Compensation

A few of the most common mistakes that people make after their car accident can actually reduce their potential compensation:

Waiting too long to see a doctor after the accident. Insurance companies can use this to argue that the injuries suffered were not serious or that they resulted from the car crash.

Giving a recorded statement to the insurance company too soon after the accident. Insurance companies are trained to ask questions that minimize the compensation paid to the at-fault driver. You should speak with an attorney before providing a detailed statement to your insurance company.

Posting comments about the accident on social media. Comments, posts, or photos you share on social media could be taken out of context and used to call into question the seriousness of the injuries.

Accepting an offer for early settlement from the insurance company. Insurance companies will make an offer early in the settlement process to minimize the claim. Once you accept and sign a release, you typically can’t go back for more compensation later, even if your condition worsens.

Missing the deadline to file a personal injury lawsuit in the state of Ohio. Individuals in Ohio have two years from the date of the accident to file a personal injury lawsuit (Ohio Revised Code § 2305.10). If an individual misses the two-year deadline, they will lose their rights to compensation for the car accident.

Special Situations That Affect Compensation

Not every car accident case is the same. A few situations that may affect the compensation offered to car accident victims include the following:

• The other driver in the crash did not have insurance
• The other driver did not have enough insurance coverage to pay for your damages
• Your own uninsured or underinsured motorist coverage
• An accident involving a rideshare vehicle

If you are unsure whether you need legal representation after a car accident, our guide on whether you need a lawyer after a car accident can help you make an informed decision.

How YD Legal Can Help

Figuring out the value of your car accident claim can be difficult. There are several factors to consider when determining the value of your car accident claim.

At YD Legal in Columbus, Ohio, our car accident lawyers work with people who have been hurt in car accidents throughout Ohio to help them receive the compensation they deserve. For those still considering whether to work with a car accident attorney, our guide to choosing a personal injury lawyer may be helpful.

We invite you to meet our team who will work on your case. If you’d like to speak with any of our attorneys about your situation, contact YD Legal now to schedule a free consultation. There is no cost and no obligation to speak with our attorneys.

Frequently Asked Questions

How much compensation can I get for a car accident in Ohio?
There is no set compensation for car accident injuries in Ohio; it depends on the severity of your injuries and the damages you suffer. An attorney can evaluate your specific situation to give you an idea of what you may be entitled to.

What’s the difference between economic and non-economic damages?
Economic damages are for monetary losses resulting from the car accident. Non-economic damages are for pain and suffering from the car accident. Both of these types of compensation are typically included in a personal injury claim.

Can I still get compensation if I was partly at fault for the accident?
Yes. In Ohio, you may be able to receive compensation for your injuries in a car accident even if you are found to be at fault, but only if you are 50% or less at fault for the accident you suffered.

Should I accept the insurance company’s first settlement offer?
Usually not. Insurance companies will make an offer for compensation for your injuries before you know the extent of your injuries, and once you have signed a release of your liability to the insurance company, you will not be able to seek compensation from them again.

How long do I have to file a car accident claim in Ohio?
You have two years to file a claim for your injuries from the date of the car accident; this is stated in Ohio Revised Code § 2305.10. There are some exceptions to this time limit, but two years is the general rule for most car accident claims.

Do I need a lawyer to get fair compensation after a car accident?
Technically, no. However, a car accident attorney may be able to assist you in your claim for compensation for your injuries, especially if you have suffered from serious injuries. Many offer free consultations to evaluate the possible value of your claim.