How to Win Your Personal Injury Case in Ohio: What You Need to Know

Most personal injury cases are not won in court. Instead, they are won or lost in the days after the accident, in how well the claimant is able to collect the proper evidence of their injuries and their damage, and in whether they understand what the other party is going to do in trying to lose their case.

Key Takeaways
Here’s what you need to know to win your personal injury case in Ohio.

• There are things you need to prove: duty, breach of that duty, causation of injuries, and extent of damages.
• Evidence can disappear quickly after your accident.
• What you say to insurance companies matters. It can affect your case’s outcome and incriminate you even when you did nothing wrong.
• In Ohio, the statute of limitations for filing a claim is two years, which means the timer starts the day of the accident.
• Having an experienced attorney on your side gives you a significant advantage not only for winning your case but also for maximizing your compensation.

Understanding What You Need to Prove

In order to win a personal injury case in Ohio, you have to prove four elements:

• Duty: the other party owes a legal duty to you – to drive safely and to follow the rules of the road, for instance.
• Breach: they failed to meet that duty – they were at fault for the accident.
• Causation: their breach caused your injuries – show this through medical records, or else the other party will try to prove you had existing injuries from another cause.
• Damages: you have to show that you sustained some form of injury and incurred damages as a result – i.e., medical bills, lost wages, pain and suffering.

If any of these four elements are not proven, your case will fall apart. You and your legal team will need to ensure that every part of your case is strong and supported by evidence.

Start Collecting Evidence Immediately

Evidence is the foundation of your personal injury law claim. However, evidence doesn’t wait for you. Vehicle skid marks will eventually fade. Security camera footage will be overwritten. Eyewitnesses will have moved on and forgotten what they saw. The sooner you start collecting evidence, the better.

At the scene of the accident, if physically able:

• Take photos of the accident scene. Ensure your pictures include the accident location, any hazards, road conditions, traffic signs, your injuries, and any other vehicles and property involved.
• Ask for and write down the names and contact information of any witnesses to the accident.
• Ask the responding police officer for the police report number and the officer’s contact information.
• Write down the date, time, and location of the accident.

After the accident scene, continue to collect personal injury evidence. Save all medical bills and receipts for any treatments you received for your personal injuries. Keep a record of the days you missed work due to your injuries and the impact that they had on your daily life.

Medical Records Are Your Most Important Asset

If there’s one thing that will make or break your personal injury claim, it will be the medical record. Your medical record tells the story of your injury. What happened to you? When? What did it take to treat your injuries? Without a medical record, you are relying on your word alone. With a medical record, you have proof of everything you’ve been through.

A few things will matter a lot:

• See a doctor immediately. Don’t wait. Injuries like concussions and internal injuries can take time to show up on a medical record. Seeing a doctor the same day will ensure your injuries are documented as soon as possible.
• Be consistent with your treatment. Missing appointments will work against you to show the doctor’s office and the insurance company that your injuries were not that serious.
• Be thorough and accurate with your doctors. Anything you tell your doctor needs to be documented in your medical record. Anything not mentioned in the medical record will be hard to claim when you file your personal injury claim.

Be Careful About What You Say — and to Whom

This is where many people unintentionally undermine their own claims. The insurance company from the other party that was involved in the accident will reach out to you. They’ll ask you a ton of questions. But their questions and your answers to them can be used to minimize what they pay you.

You are not required to give a statement to the insurance company of the other driver. In fact, it is better for you to wait until after speaking with an attorney before giving a statement to the insurance company of the other driver.

The same applies to social media. Insurance companies will look. A picture of you and your family having a nice event months after the accident can be used to prove that the injuries you sustained from the accident were not as severe as you claim them to be. Just be mindful of what you post on social media as you bring your insurance claim to a close.

Understand How Ohio’s Fault Rules Affect Your Claim

Ohio uses a modified comparative negligence system, as established by Ohio Revised Code § 2315.33. Essentially, if the judge finds that you were at fault for the accident in which you were injured, you will receive less compensation based on the percentage of your fault. If you are found to be more than 50% at fault for the accident, you will not be awarded any compensation.

Don’t Wait on the Statute of Limitations

In Ohio, the statute of limitations for personal injury claims is generally two years from the date of the automobile accident. This time limit is set forth in Ohio Revised Code § 2305.10. There are a few exceptions to this time limit, such as when the injured person was a minor at the time of the accident, but otherwise the two-year statute of limitations applies.

If you miss the statute of limitations period for filing your personal injury lawsuit, you will lose the right to assert a claim and recover; however, even well before the statute of limitations deadline, there are several problems with waiting to file your personal injury suit.

Evidence from the accident will likely have disappeared. The witnesses to the accident may be hard to find. Your memory of the accident will likely fade. And insurance companies are in no hurry to settle claims from people who seem to be in no hurry to pursue them.

Why the Right Attorney Makes a Difference

Personal injury cases involve numerous moving parts. From gathering evidence and medical records to dealing with insurance companies and meeting deadlines, there’s a lot to handle while one is recovering from an injury.

Learning how to choose a personal injury lawyer in Ohio means you get experienced attorneys who know how insurance companies evaluate personal injury claims. They know what evidence best helps their client and how to present it in court. They have experience with communications that would otherwise put claimants at risk if handled alone.

Most personal injury attorneys work on a contingency fee basis, meaning the client will not have to pay anything upfront for the lawyer’s services unless the case resolves in the client’s favor.

How YD Legal Can Help

At YD Legal, we work with injured people across Ohio to determine whether they have a personal injury claim and how much it might be worth. Our personal injury lawyers in Columbus, Ohio, will handle the legal side of your personal injury case, including gathering evidence, building your case, managing communications, and advising you every step of the way.

Meet our legal team and learn more about the attorney who will be working on your case. If you want to learn more or schedule a free consultation with one of our lawyers, contact YD Legal today. There is never any pressure or obligation, just a conversation about your case and how we can help.

Frequently Asked Questions

What does it take to win a personal injury case in Ohio?
You need to prove that someone had a duty of care towards you, that they breached that duty, that their breach caused your injuries, and that you suffered losses as a result. The evidence will help to prove each of these elements of the claim.

How important are medical records in a personal injury case?
Often, medical records are one of the most important documentation in the entire claim. The medical records help to prove that your injuries are the result of the accident in which you were involved. Seeing a doctor promptly after the accident and following your doctor’s orders are two of the most important things you can do for your personal injury claim.

Should I talk to the other driver’s insurance company?
You should talk with an Attorney before speaking with an insurance company about the accident. Be aware that some insurance adjusters will likely try to gather information from you that supports their efforts to deny or reduce your insurance claim.

What if I was partially at fault for the accident?
You may still be able to recover compensation. Ohio’s comparative negligence rule means fault can be shared between parties. Your compensation would be reduced by your percentage of fault, as long as you’re found to be 50% or less responsible. An attorney can help you understand how fault is likely to be assessed in your specific situation.

How long do I have to file a personal injury claim in Ohio?
In most instances, you have two years from the date of your accident to file your personal injury claim in Ohio (Ohio Revised Code § 2305.10). Exceptions to this time limit exist; however, most attorneys suggest that you begin your claim as early as possible.

Do I need a lawyer to win a personal injury claim?
While not required, an attorney can significantly impact the outcome of your case. Most personal injury lawyers work on a contingency fee arrangement with personal injury claimants, meaning that you will not have to pay for legal services until your case is resolved in your favor.