How to File for Lost Wages After an Accident in Ohio
Posted in: Car Accidents
If a drunk driver in Ohio injured you or a loved one, you aren’t alone. Thousands like you have been hurt, but the law lets you seek compensation for the harm caused by an impaired driver. By working with an Ohio car accident lawyer, you can be sure that the drunk driver doesn’t walk away without consequences, and you can recover financially.
At KNR, we can help, so a drunk driving accident doesn’t define your life. Call 1-800-HURT-NOW for a free consultation. KNR will explain your rights and how to get max compensation.
Many people believe they have a high tolerance for alcohol. They often think they can have a few drinks and still get behind the wheel. However, people’s belief in their ability to drive a car and their blood alcohol limit isn’t related.
The BAC limit in Ohio is .08 percent, which only takes one or two drinks to reach. But, even if a person is below the legal limit, alcohol still impairs the ability to drive.
Alcohol affects people’s perception and reflexes, which means an impaired driver may not accurately see the road and its maneuvers. They may also be unable to stop in time once they notice brake lights or a pedestrian on the road.
According to the National Highway Traffic Safety Administration (NHTSA), there were more than 11,650 deaths in 2020 related to drunk and impaired driving across the United States. Drunk drivers in Ohio injure countless others across the U.S. From causing minor scrapes and bruises to debilitating injuries; drunk drivers are a serious threat on our roads.
On the roads, drunk driving can be signaled by:
Drunk drivers themselves may show signs of impairment through:
After a collision with a drunk driver, contact 911. Law enforcement will be able to document the scene of the accident, gather evidence to support your case, file a police and crash report with valuable data regarding the accident, and handle any criminal charges the drunk driver may face.
If the police find that the driver who hit you is intoxicated due to alcohol or another substance, the local prosecutor may bring criminal charges. Depending on the accident and if you and anyone are seriously hurt or killed, the charges may be for more than a simple DUI.
These charges can lead to permanent criminal records, fines, and prison time. While criminal charges bring justice to those who are hurt, there is no monetary benefit for the victims. If you are injured and need money to pay your medical bills, mortgage, and other living costs, you must settle with the driver’s insurance company or file a civil suit.
Some of the different types of injury see it, and drunk driving accidents in Ohio include:
If you are the surviving family member of someone who passed away due to fatal injuries sustained and a drunk driving accident, you may have to file a wrongful death claim. Filing a wrongful death action may be the best option for your family to bring the liable party to justice.
Establishing liability is essential and drunk driving accident claims. Although you might assume that the drunk driver is solely responsible for your damages, you may be surprised to learn that multiple parties could share fault.
For your drunk driving accident claim to be successful, your attorney must prove the defendant’s negligence. In drunk driving accident claims, drivers have violated their duty of care when operating a vehicle under the influence of drugs or alcohol. A breach in the duty of care, when responsible for causing an injury victim’s injuries and subsequent damages, is considered negligence.
Ohio dram shop liability laws allow establishments that over-serve or sell alcohol to someone already intoxicated to be held accountable when an intoxicated individual causes a collision. Dram shops can be held accountable when:
In most situations, you will first file a third-party claim against the drunk driver’s auto insurance company. If your claim is approved, you can negotiate a settlement with the insurer to cover your property damage, medical bills, lost wages, and more if necessary. It’s best to have an attorney help you.
You may think the process for filing an insurance claim against a drunk driver’s insurance company to be more straightforward if you believe they were intoxicated at the time of the accident. However, insurance companies will look for any opportunity to reduce what they pay in claims – even when the case involves a drunk driver. They may suggest you share the blame or even that you contributed to or exaggerated your injuries.
Some of the common defense the drunk driver or other liable parties make used to challenge the accusations against them include:
It can also be tricky to provide the necessary information to the insurer without providing information they don’t need and aren’t entitled to. Additionally, you don’t have to take the first settlement offer, and you should never settle for less than you deserve. An experienced attorney will negotiate with the insurance company to maximize your settlement.
Many insurance companies want to avoid trials related to drunk drivers. Your attorney can use this as leverage for a better settlement offer.
When you are injured in a car crash because the other driver was negligent by driving under the influence, they 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:
If you cannot reach a satisfactory settlement, you’ll need to file a civil case against the drunk driver. Through a lawsuit, you’ll be able to seek compensatory damages and, in some circumstances, punitive damages.
Compensatory damages are meant to make you whole. They will cover the cost of repairing or replacing your vehicle, your past and future medical expenses, lost income due to being out of work, and pain and suffering.
Punitive damages may also be appropriate since they are meant to punish the individual for their behavior.
Your drunk driving accident attorney at Kisling, Nestico & Redick can handle all of the legal details of your case while you focus on recuperating.
We use every available resource so you can recover physically and financially after a car accident.
No, you do not have to wait until the drunk drivers criminal charges are dealt with to pursue your case. Your attorney can get started on your drunk driving civil claim immediately after the accident.
Driving under the influence of marijuana is a criminal offense in Ohio. Anyone with a marijuana metabolite concentration of 35 ng/mL of urine or more, or 50 Nanograms per milliliter of blood or more, could be prosecuted criminally and held accountable civilly.
Yes, passengers may be able to sue drunk drivers for causing their damages. However, the defense may attempt to argue that the passenger is partially at fault. Getting an experienced drunk driving accident attorney on your case is essential to ensure liability is established accurately.
If a drunk driver hurt you or a loved one, you deserve justice. You can’t control whether criminal charges are brought against the driver, but you can ensure you receive what you and your family need to move forward. At KNR, we will advise you, review all your legal options, and fight to secure the maximum amount of compensation possible.
Get your free, no-risk consultation. Call 1-800-HURT-NOW today.