After a car accident in Dayton or surrounding areas, it is important that you act quickly to file your claim, gather evidence, seek medical care, and understand your right to recovery. To guide you through the claims process, our talented auto accident lawyer at the Comunale Law Office is ready to meet with you during your free case review today.
Because Ohio is an at-fault car accident state, drivers and passengers who are injured in an accident are not limited to turning to their own insurance to recover compensation; instead, they also have the right to file a claim with the other driver’s insurance, or file a lawsuit directly against the at-fault driver.
In order to file a claim or a lawsuit against another driver, the injured party (plaintiff) must prove three things: that the other driver committed an act of negligence, that the negligence caused the accident, and that the plaintiff suffered losses as a result.
Negligence in a car accident can refer to a wide range of behaviors, encompassing any act that would be considered unreasonable by a person of ordinary prudence. Common negligent acts that often cause car accidents include:
In some cases, a fair settlement with an insurance company cannot be reached, and an injured victim will choose to file a lawsuit in order to recover the compensation that they need and deserve. If you have been injured in a car accident in Dayton, it is essential that you file your civil action within the state’s personal injury statute of limitations, which is two years (Ohio Laws and Rules Section 2305.10).
As stated above, Ohio is an at-fault state. This means that unless you are recovering compensation through a provision of your own insurance policy, such as medical payments coverage, you must prove the negligence of the other driver. A skilled Dayton auto accident attorney can help you to gather all evidence related to your claim, including police reports, accident reconstruction data, witnesses’ testimonies, photographs of damages, and more.
Further, because insurance companies often offer settlements that are less than what victims truly deserve, an attorney can also negotiate with an insurance adjuster on your behalf. If a settlement cannot be reached, your attorney can bring your case to litigation.
At the Comunale Law Office, our aggressive Dayton auto accident attorney wants to help you recover every cent that you deserve. To improve your chances of receiving your full settlement amount, call our law offices today or visit us online. Your first consultation is free.
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