If you have recently been involved in a car accident, you’re probably wondering if you have a case against the other driver. The first thing you’ll have to do is file a claim against the insurance company. If they’re willing to pay your claim, then there’s nothing further you need to do. However, if they deny your claim for some reason, you may have to hire an auto accident lawyer in Cincinnati to review your case.
When you meet with your auto accident lawyer in Cincinnati, they’re going to ask you to tell them what happened. It’s important that you be upfront and honest with them when you tell your story. If you believe that the accident may have been your fault, let them know. If you don’t remember certain things let them know that too. The more information your attorney has, the better they’ll be able to let you know if you have a case.
if you feel that you should discuss your case with someone, feel free to give us a call. You can always schedule your free, initial consultation over the phone with us. In the meantime, you should read this article and see if it answers some of your questions.
First, Your Auto Accident Lawyer in Cincinnati Will Have to Review Your Case
As stated earlier, the first thing your auto accident lawyer in Cincinnati will do is review your case. They’re going to need to see a copy of the police report. They will also ask to see copies of any correspondence you’ve received regarding the accident. In addition, they may want to take a look at your medical records to see how serious your injuries were.
Once they’ve had a chance to review all this information, your lawyer may need to reach out to the insurance company. They’ll need to find out exactly why your claim was denied and what the insurance company’s position is. At this point, they’ll try to negotiate payment of your claim with the insurance adjuster. If they aren’t successful, they’ll recommend that you file a personal injury lawsuit against the other driver. If you do this, both the driver and their insurance carrier will be named in the lawsuit.
Will Your Cincinnati Injury Attorney Be Able to Prove the Other Driver Was at Fault?
The first thing you’ll need to prove is that the other driver was at fault. If you’re unable to do this, then there’s no point in discussing damages. In Ohio, as most other states, in order to prove fault, you must demonstrate that the defendant was negligent. Your auto accident lawyer in Cincinnati can do this by demonstrating the following four things:
- The first thing your attorney will have to prove is that the defendant owed you a duty of care. This isn’t all that difficult in a motor vehicle accident because all drivers owe a certain duty of care to other motorists. For example, you’re not allowed to text and drive or drive over the speed limit.
- The second thing you’re Cincinnati injury attorney must do is prove that the defendant breached this duty. They can do this by pointing out that the other driver was issued a ticket for speeding at the accident scene. Or they may have a witness who’s willing to testify that the defendant was texting immediately before the crash.
- The third thing you’ll have to show is that you were injured. It’s not enough that you were involved in a car accident. You must demonstrate that you suffered specific injuries in relation to the accident. This is why it’s always important that you go to the emergency room and immediately after your car accident. This way, your auto accident lawyer in Cincinnati can submit a copy of your medical records to prove that you were injured.
- The last thing you’ll have to prove is that your injuries were caused by the defendant’s breach of duty. Unless the defendant can show that an intervening event caused your injuries, you should be okay. This is another reason we suggest that you go to the hospital for treatment immediately. The longer you wait, the easier it is for the defendant’s attorney to argue that something between the time you were in the accident and the time you sought treatment caused your injuries.
If your attorney can prove these four things, then they’ll proceed to try to prove your damages.
Once You’ve Proven Negligence, You Must Prove Your Damages
Once your auto accident lawyer in Cincinnati has proven negligence, they will need to prove your damages. Depending on the facts of your case and the seriousness of your injuries, you may be entitled to some or all of the following:
- medical bills
- future medical bills
- property damage
- lost wages
- lost future income
- pain and suffering
of course, there’s no way to know for sure upfront what your case may be worth. As your case progresses, your Cincinnati injury attorney will have a better idea of how much your claim will be worth.
The Defendant May Argue that You Were Partly at Fault
Keep in mind, there’s always a chance that the defendant will argue that you were partly to blame. For example, if you were involved in a rear-end collision, and they can show that your brake lights weren’t working, you may be found partly at fault. The same is true if they can show that you were also speeding at the time of the collision.
The good news is that Ohio follows the comparative negligence rule. This rule states that you can still collect damages even if you were partially at fault. However, your damages will be reduced by your percentage of fault. For example, if you sue somebody for $100,000 and were found to be 20% at fault, your damages will be reduced by $20,000.
Contact One of Our Cincinnati Injury Attorneys Right Away
If you were injured in any type of motor vehicle accident, call and speak with one of our Cincinnati injuries attorneys right away. You can sit down with an attorney and let them review your case. They can let you know whether your case has merit and what it may be worth. You can call and schedule your free, initial consultation at any time.