How to File for Lost Wages After an Accident in Ohio
Posted in: Car Accidents
If you were injured because another person was intoxicated, call Kisling, Nestico & Redick. Under Ohio’s dram shop liability, an establishment or other individual may be liable for your injuries because they served, sold, or gave alcohol to the intoxicated person.
Not every drunk driving accident will apply, but to determine if you can file a dram shop claim against a restaurant, bar, club, or homeowner, you should have an experienced attorney evaluate your case and pursue maximum compensation. To talk with an experienced dram shop attorney, call 1-800-HURT-NOW or submit your information online to request a free consultation.
Under certain circumstances, Ohio law allows you to file a civil lawsuit against a business or an individual host who serves alcohol to a person who then causes you harm in an alcohol-related accident. This often means a drunk driving accident. However, the law is not limited to DUI crashes. You should talk with a lawyer about the Ohio dram shop act if you were physically or sexually assaulted by an intoxicated individual.
Ohio’s dram shop law can be found in Ohio Revised Code (ORC) Section 4399.18: Liability for Acts of Intoxicated Person.
The law states that generally, no one who is injured by an intoxicated person has a legal cause of action against any liquor permit holder or employee of a liquor permit holder who sold alcohol to the intoxicated person. In other words, there is no Ohio law that requires a business to prevent a drunk person from driving or leaving the bar and acting in some other harmful way. However, there are important exceptions to this rule.
Many of our clients are curious as to why this law is known as a dram shop law or act. In the past, a dram shop was a bar, tavern, or other establishments that served alcoholic beverages. Modern laws have simply retained an older, unique name.
The Ohio Dram Shop Law discussed above applies to businesses that hold a liquor license. If the impaired individual who caused you harm was served by an individual at a private party, then an Ohio Dram Shop lawyer will conduct a different analysis.
Generally, a social host is not responsible for injuries their guests cause to someone else. However, if a social host provided alcohol to someone underage, and that individual caused you harm in a vehicle accident, you may be able to sue the host.
If you are injured in a crash by an underage drunk driver, call our Ohio Dram Shop lawyers right away. We will investigate the crash and determine where the underage driver was served. If they purchased alcohol at a business or were given alcohol by a friend or family member, then that establishment or social host also may be liable for your injuries.
You may have a cause of action if:
Additionally, you can file a lawsuit against the liquor permit holder if:
Whether or not your circumstances fall into one of these exceptions can be confusing. We recommend speaking with our Ohio Dram Shop lawyers as soon as possible to determine if you can sue the business that sold the intoxicated person alcohol.
Examples when a restaurant, bar, club, or other business may be liable for your injuries include:
Never hesitate to call and speak to our dram shop attorneys at Kisling, Nestico & Redick. We are here to listen to your circumstances and advise you of your legal rights. You may have a legal claim against only the intoxicated individual. However, if we find signs that the business providing the intoxicated person with alcohol was negligent, we may recommend filing a lawsuit under Ohio’s dram shop law.
As with other personal injury claims, a dram shop or drunk driving lawsuit must be filed in court under Ohio’s statute of limitations, which generally means within two years of the accident. But every situation is different, so it’s best to consult an attorney as soon as possible if you suspect a bar, restaurant, or another party overserved the driver involved.
When you are injured in a car crash because the other driver was impaired, the business or individual overserved them may be may be found liable for your various damages. Your lawyer can represent you in pursuit of compensation for all your physical, emotional, and financial losses. Through an insurance claim or personal injury lawsuit, KNR will fight hard for you to recover your:
Many dram shop cases settle out of court. However, do not expect a quick and easy insurance claims process. Insurance companies will work hard to reduce what they owe by denying their dram shop policyholder overserved the driver in question. While an insurance settlement might be the ideal situation, you may also need to file a lawsuit and present evidence the establishment knew the individual was impaired, continued to serve the, and allowed them to leave.
If you were injured or lost a loved one due to a drunk driver or a violent assault by an intoxicated person, call Kisling, Nestico & Redick to discuss your options. Whether or not the impaired individual faces criminal charges, you may have the right to pursue compensation through a personal injury lawsuit. Under certain circumstances, you also may be able to file a lawsuit against the business or person who served alcohol to the intoxicated person.
Let our dram shop attorneys listen to your story and analyze your legal rights. If you have the right to file a lawsuit against the intoxicated person and the alcohol provider, we will fight hard for you to receive compensation for your injuries.
You can contact Kisling, Nestico & Redick at 1-800-HURT-NOW or use our online contact form to request a free, no-risk consultation.