When people are involved in a car accident, they are angry and frustrated. All they want to do is sue the other driver and get what’s coming to them. What they don’t all understand is that most car accident victims don’t walk away with damages worth millions of dollars. Your Ohio personal injury attorney’s job is to make you whole – it’s not their job to make you rich.
When you sue someone for personal injury, you’re asking that they be held accountable for their actions. The law requires that the person responsible for your injuries have to pay for any out-of-pocket expenses you’ve experienced. Of course, the law also allows for things like pain and suffering as well as punitive damages. But there’s no guarantee that you’ll receive either of these things. It all comes down to what your car accident lawyer in Cincinnati, Ohio can prove.
Here, we’re going to talk about what kinds of damages you may be entitled to in your car accident lawsuit. We’ll also discuss how much your particular case may be worth. If you think you have a viable legal claim but aren’t sure, just give us a call. One of our Ohio personal injury attorneys can help.
Your Car Accident Lawyer in Cincinnati, Ohio Must Prove Fault
Before you can worry about how much you’ll receive in damages, you need to prove the other driver was at fault. It’s not enough to prove that you were hurt. You have to demonstrate that your injuries were caused by the defendant’s negligence.
In order for your Ohio personal injury attorney to prove negligence, they need to show the following:
- The defendant owed you a duty of care – This is a given in a car accident lawsuit. All drivers owe a certain duty of care to other motorists. At a minimum, they must obey all traffic laws.
- They breached this duty – The second thing you must show is that the other driver breached their duty of care. Imagine you were hit from behind. If your attorney can show the defendant was speeding at the time of the crash, they will have shown that they breached their duty of care.
- You must show that you were injured – It’s not enough that you were involved in a car crash. You must show that you suffered some sort of injury. The best way to do this is by submitting a copy of your medical records.
- Finally, you need to show that the defendant’s actions directly caused your injuries – It may seem like this is a given. If it weren’t for the crash, you wouldn’t be hurt, right? Not necessarily. Imagine an elderly driver has a heart condition. They were on their way to the hospital when they were hit by another driver. Within minutes, the elderly driver dies. Did they die from injuries resulting from the car accident or did they die from a heart attack? The defendant’s attorney in this case would argue that the man would have died regardless of the crash.
As long as your car accident lawyer in Cincinnati, Ohio can prove all four of these elements, you should be able to collect damages. The questions is – how much will you be able to recover?
How Much is Your Case Actually Worth?
The first question most of our clients ask is how much their case is worth. Many of them get frustrated when we tell them we cannot give them a precise answer. Every case is different. It’s impossible to guarantee that any plaintiff will receive a certain amount. But that doesn’t mean we can’t give them an estimate of what they may receive.
Our Ohio personal injury attorneys have handled dozens of car accident cases – may even hundreds. They know what prior cases have settled for. What they can do is compare your case to these previous cases. Of course, no two cases are exactly the same. Your attorney will make it very clear that their estimate is just that – an estimate. It’s not a promise or guarantee.
Car accident cases typically involve the following types of damages:
- Medical expenses – the defendant is responsible for any out-of-pocket medical expenses you experienced. They’re also responsible for reimbursing your primary health insurance company any monies they paid out in relation to the accident.
- Future medical expenses – If your doctor indicates that you’ll need future medical care, the defendant will be held liable for these expenses as well
- Lost wages – If your injuries are serious, there’s a good chance you will have missed time from work. If you missed more than 7 days from work, you can demand that defendant compensate you for this time.
- Lost future income – If you end up permanently disabled as a result of your accident, you may be entitled to damages for future lost income. If you’re no longer able to do the same kind of work as you did before the crash, you should be compensated.
- Pain and suffering – You may be entitled to compensation for the mental and physical anguish associated with your injuries.
- Property damage – If your vehicle was damaged during the crash, the defendant must pay to have it repaired or replaced.
- Punitive damages – In very rare cases, the judge will award you punitive damages. However, this does not happen often. These damages are meant to punish the defendant and show the public that the court won’t tolerate the defendant’s behavior.
Contact a Seasoned Ohio Personal Injury Attorney Right Away
A lot of accident victims see commercials on television and think they’re going to walk away with millions of dollars. Personal injury cases rarely work out that way. You’re only entitled to damages you actually suffered. It’s not enough that you were involved in a car crash. You have to demonstrate that you were injured. That’s where your car accident lawyer in Cincinnati, Ohio comes into the picture. They’ll fight to get you as much money as possible.
The best thing to do is to call our office as soon as possible after your car accident. There’s really no reason to wait. When you sit down with your Ohio personal injury attorney, ask them the hard questions. Let them explain how the legal process works. They can give you a ballpark figure of what your case may be worth. It’s up to you to decide whether you want to retain their services.