Who is At Fault for a Car Accident? A Guide to Liability in Ohio
Posted in: Car Accidents
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Thousands of car crashes happen every year in Hamilton County, Ohio. Many are minor and only cause property damage. But others are serious, leading to high medical bills and incredible pain.
It’s important to consult one of the best car accident lawyers in Cincinnati when you need help after such a crash. It shows car insurance companies that you’re serious about pursuing compensation for your accident and forces them to respect your rights. Hiring a Cincinnati car accident attorney also puts you in a solid position to negotiate for maximum compensation.
At Kisling, Nestico & Redick, our car accident attorneys handle car accident claims all over Ohio and help local car accident victims in Cincinnati get what’s right. We offer free initial consultations, work on a contingency fee basis, and are conveniently located in Downtown Cincinnati.
Cincinnati is home to many has dangerous roads and intersections, where, unfortunately, many people are hurt in car accidents, truck accidents, and motorcycle accidents, because of negligent drivers.
According to the Ohio Department of Transportation, several intersections in Hamilton County have more car crashes than others. In Cincinnati, these dangerous intersections include:
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Fight for Everything You’re Owed
Medical care and rehab for car accident injuries are often long-term and expensive, leaving many unprepared to cover these expenses upfront. If another party caused your injury – you shouldn’t have to bear those costs alone.
Whether it is through a personal injury lawsuit or insurance settlement, the Cincinnati auto accident attorneys at KNR have helped numerous car accident victims obtain what they need.
You may be able to recover compensation for:
Through a car insurance settlement or a court award, your car accident compensation should encompass your special and general damages.
These are the economic losses you suffered. This includes your medical expenses and other out-of-pocket costs associated with the crash and your injuries. It also includes the money you did not make because of your injuries, including lost wages, employment benefits, and a lower earning capacity.
These are your non-economic injuries, like pain and suffering, mental anguish, and emotional distress. The value of these injuries is subjective and means proving what you endured. Our Cincinnati car accident lawyers may ask you to keep a daily journal regarding your pain and the psychological consequences of your injuries.
If the at-fault party’s conduct was particularly egregious, you might be entitled to punitive damages. These are not meant to compensate you for an injury. Instead, they are meant to punish the wrongdoer.
Your loved one may have initially survived the car accident only to pass away later. Because they lived for a period, they had a right to pursue a personal injury claim from the date of the accident to the date of their death.
While their death stopped them from doing so, the claim itself survives. The estate can pursue the compensation they would have been entitled to during their life through a survival action.
If your relative passed away immediately, then there is no personal injury claim. Instead, you and your family have a wrongful death claim to pursue. This covers your mental anguish the loss of their income, services, and companionship. Contact our Cincinnati wrongful death attorneys to schedule a free consultation to discuss your case.
One of the toughest issues to overcome is the lack of insurance coverage. The at-fault driver may not have a policy. In this situation, we will look for other policies, such as insurance purchased by the car owner or employer. Our Cincinnati car accident attorneys may also help you pursue a settlement based on your insurance policy or through a personal injury lawsuit.
You may have hope that your car accident claim will be resolved fairly until you receive a letter in the mail saying your claim for compensation has been denied. You should immediately talk with a Cincinnati car accident lawyer about why this denial occurred and how to appeal the decision. We have handled and overcome many initial wrongful insurance claim denials.
Ohio car accident law requires the insurer to treat you fairly when you pursue compensation through a first or third-party insurance claim. The insurer cannot lie or try to manipulate you. Unfortunately, some insurance adjusters fail to handle your claim in good faith.
An adjuster may delay your claim, fail to properly investigate your claim, wrongfully deny your claim, or refuse to settle your claim for an appropriate amount. Any time you fear you are being treated unfairly by the insurer, give us a call to address these bad faith insurance practices.
Car accident settlements are not always easy to get after a crash. Insurance companies may initially wrongfully deny your claim. Or, what is often the case, the insurance adjuster will offer a settlement that is lower than the full value of your damages. A Cincinnati car accident lawyer will spot a lowball offer right away and will begin negotiations. In many cases, we can negotiate a far better sum for our clients than the first offer.
However, car accident settlements are not always possible or forthcoming. You may benefit from filing a personal injury lawsuit and preparing for trial in these situations.
Did your spouse, child, or parent die in a car accident or from crash-related injuries? It’s best to call a car accident lawyer to learn about Ohio wrongful death law. You and your relatives may have the right to demand compensation.
Wrongful death compensation includes:
This claim is about what you and your family went through. It isn’t about your loved one’s fatal injuries.
Most fatal car accident claims are resolved out of court. But you might have to file a lawsuit to receive compensation. We’ll discuss with you the process of filing a wrongful death lawsuit and the advantages and disadvantages of litigation.
After a car accident, ensure your safety and the safety of others by moving to a secure location if possible. Call 911 to report the accident and seek medical attention, even if injuries seem minor. Exchange information with the other driver(s), gather evidence such as photos of the scene, and collect contact details from witnesses. It’s also important to contact an experienced car accident attorney as soon as possible to protect your rights.
In Ohio, you generally have two years from the date of the car accident to file a personal injury claim. This time limit is known as the statute of limitations. Failing to file within this period may prevent you from recovering compensation. However, there may be exceptions or special circumstances that could affect this timeline, so it’s best to consult with an attorney promptly.
If the other driver involved in your accident is uninsured or underinsured, you may still have options for recovering compensation. Ohio requires all drivers to carry uninsured/underinsured motorist coverage (UM/UIM) as part of their auto insurance policy. This coverage can help pay for your medical expenses and other damages if the at-fault driver lacks adequate insurance. An attorney can help you explore all possible avenues for compensation.
The time it takes to resolve a car accident case can vary widely depending on the complexity of the case, the extent of the injuries, and whether the case goes to trial. Some cases may be resolved in a matter of months, while others could take a year or longer. An experienced attorney can give you a better estimate based on the specific details of your case.
While you are not legally required to hire an attorney to handle your car accident claim, having an experienced car accident lawyer on your side can significantly increase your chances of obtaining fair compensation. An attorney can help you navigate complex legal processes, negotiate with insurance companies, and ensure that your rights are protected every step of the way.
Our Cincinnati car accident lawyers know the ins and outs of the auto insurance claim process. We’ll respond to any letters you receive, talk with the insurance adjuster on the phone, and answer any questions. This takes a lot of work and stress off your shoulders.
Our car accident lawyers’ goal is for the insurance company to approve your claim. Then, the next step is to negotiate the settlement. Insurers often send a lowball first offer. We recommend talking with an auto accident attorney in Cincinnati before accepting a settlement offer. We can tell you when the offer is fair or too low.
When your claim is worth more than the offer, we will enter into negotiations. Given our years of experience, we know there’s no one-size-fits-all approach. We consider the facts of your car accident case and your needs before crafting a unique negotiation strategy.
We’re also seasoned car accident trial lawyers. We’re not afraid to file personal injury lawsuits when they benefit our clients. If it’s necessary, our car accident lawyers will take full advantage of discovery and fight hard for your compensation at trial.
KNR has an excellent record of maximizing compensation for our clients. We can never guarantee a specific outcome to a car accident claim. But our lawyers for car accidents promise to fight for the best possible outcome.
Our client exited a public transit bus and was crossing the road outside of the designated crosswalk. Our…
What Makes KNR Special?
Bringing a successful car accident claim means bringing it against the right person or business. Through our in-depth investigation, we find out who caused the car accident and why. We also look for whether anyone else might be liable for your injuries, such as the vehicle’s true owner or the driver’s employer.
If the insurer approves your claim, the next step is to agree on a car accident settlement. The insurer might make a low offer. It’s up to you to decide whether to accept or negotiate, and you have the right to ask for more compensation. A car accident attorney experienced in handling auto accident claims and negotiating settlements can help.
Sometimes car accident victims benefit from filing a personal injury lawsuit. Filing a lawsuit against the at-fault driver or multiple drivers doesn’t mean you’ll go to trial. Most car accident claims settle. But filing a lawsuit shows the insurance company you’re serious and provides the insurer with an incentive to settle before trial.
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Expect More from Your Car Accident Lawyer
Our personal injury lawyers in Cincinnati want you to keep more of the compensation you’re entitled to, so you can move on after being injured in a car accident without the pain of uncertainty. At Kisling, Nestico & Redick, we will use every available resource so you recover physically and financially. (513) 221-0499
