Injuries Caused by Drunk Driving Accidents
The force of a collision with an impaired driver can cause injuries that require emergency treatment, surgery, rehabilitation, or long-term medical care. Some symptoms may not appear until hours or days after the crash.
Common injuries in drunk driving accidents include:
- Traumatic brain injuries: A blow to the head or sudden movement of the brain can cause concussions and more serious injuries that affect memory, concentration, mood, or physical function.
- Spinal cord and back injuries: Damage to the spine can cause chronic pain, limited mobility, nerve damage, or paralysis.
- Broken bones: Fractures to the arms, legs, ribs, pelvis, or other bones may require surgery and extended rehabilitation.
- Internal injuries: Damage to organs or internal bleeding can be life-threatening and may not be immediately apparent.
- Neck and soft tissue injuries: Whiplash, muscle strains, and ligament damage can cause persistent pain and interfere with daily activities.
- Burns and severe lacerations: Fires, broken glass, and damaged vehicle components can cause injuries that require surgery or leave permanent scarring.
Some people recover within weeks, while others face lasting physical limitations or emotional distress. Keep records of your medical appointments, expenses, symptoms, and how your injuries affect your daily life. This information can help document the losses connected to the accident.
Compensation for a Cincinnati Drunk Driving Accident
If an impaired driver caused your injuries, you may be able to pursue compensation through a personal injury claim. The amount available depends on the severity of your injuries, the effect on your life, the available insurance coverage, and the evidence establishing liability and damages.
Medical Expenses
You may seek compensation for reasonable medical costs related to the crash, including emergency treatment, hospital stays, surgery, medication, physical therapy, and follow-up appointments. If your injuries require ongoing care, the claim may also account for supported future medical expenses.
Lost Wages and Reduced Earning Capacity
Injuries may keep you from working while you recover. A claim may include income lost because of the accident and, when supported by the evidence, reduced future earning capacity if you cannot return to your previous job or work the same hours.
Pain and Suffering
Compensation may be available for physical pain, emotional distress, and the ways an injury interferes with daily life. The extent and duration of your symptoms, limitations, and treatment may help establish these damages.
Property Damage
You may seek payment for damage to your vehicle and other personal property caused by the collision, subject to the applicable rules and coverage.
Permanent Impairment and Disfigurement
Some crashes result in permanent disabilities, scarring, or other lasting changes. A claim may account for how these injuries affect mobility, independence, appearance, and everyday activities.
Wrongful Death Damages
When a drunk driving accident causes a death, eligible surviving family members may be able to pursue a wrongful death claim under Ohio law. Depending on the circumstances, recoverable damages may include loss of support, services, companionship, and other legally recognized losses.
A settlement offer should account for the full extent of your documented losses, including future needs when appropriate. Before accepting an offer or signing a release, consider having an attorney review it to determine whether it adequately addresses your claim.
Who Is Liable for a Drunk Driving Accident in Ohio?
An impaired driver may be liable for injuries caused by their negligent conduct. However, determining responsibility requires an investigation into how the accident happened and what the evidence shows.
A OVI arrest can be important evidence, but a criminal charge alone does not determine the outcome of a civil injury claim. Your attorney may need to review the crash report, witness statements, photographs, video footage, toxicology evidence, and other relevant records to establish liability.
Depending on the facts, other parties may also need to be investigated. For example, a person or business that served alcohol may be subject to Ohio’s dram shop law in limited circumstances. These claims have specific legal requirements and do not automatically arise whenever a driver causes a crash after drinking.
Ohio’s rules on shared fault may also affect compensation. If an injured person is found partly responsible for the accident, their recovery may be reduced under the state’s comparative negligence rules. The effect depends on the degree of fault assigned to each party and the applicable law.
KNR can review the evidence and identify the parties who may be legally responsible for your injuries.
Evidence That Can Help Prove a Drunk Driving Accident Claim
Evidence can be critical when an insurance company disputes fault, questions the severity of your injuries, or argues that another factor caused the collision. Preserving relevant records early can help support your claim.
Depending on the circumstances, useful evidence may include:
- Police crash reports: Reports may document the collision, statements from those involved, observations by responding officers, and whether impairment was suspected or investigated.
- Arrest and court records: Records from a related OVI case may provide relevant information, although their use in a civil claim depends on the circumstances and applicable evidence rules.
- Witness statements: People who saw the crash or observed the driver’s behavior before the collision may help establish what happened.
- Photos and video: Images of the vehicles, roadway, traffic signals, skid marks, and injuries can help reconstruct the collision. Nearby businesses, traffic cameras, and vehicle cameras may also have footage.
- Medical records: Treatment records connect your injuries to the crash and document the care you need.
- Employment and financial records: Pay statements, employer documentation, and other records can help establish lost income and related financial losses.
If you can do so safely, take photographs, save relevant documents, and keep copies of communications from insurers. Do not put yourself at risk to collect evidence. An attorney can help identify records that may need to be requested or preserved.
What Should You Do After a Drunk Driving Accident?
The steps you take after a crash can help protect your health and preserve information relevant to a future claim.
- Call 911 when needed. Report the collision and request emergency medical assistance if anyone is injured. If you suspect the other driver is impaired, share that information with responding officers rather than confronting the driver.
- Get medical attention. Accept emergency care when necessary and follow up with a medical professional even if your symptoms initially seem minor. Some injuries take time to become apparent.
- Document the accident. If it is safe, photograph vehicle damage, the surrounding area, visible injuries, and other relevant details. Collect witness contact information when possible.
- Keep records. Save medical bills, treatment instructions, proof of missed work, repair estimates, and correspondence with insurance companies.
- Be careful when speaking with insurers. Provide necessary information, but avoid guessing about what happened or making assumptions about your injuries. Consider seeking legal advice before giving a recorded statement to the other driver’s insurer or accepting a settlement.
- Talk with a Cincinnati drunk driving accident lawyer. An attorney can explain your options, help preserve evidence, and assess the deadlines that may apply to your claim.
You do not need to have every document collected before contacting KNR. We can discuss the accident, answer your questions, and explain what information may be needed next.
How Long Do You Have to File a Drunk Driving Accident Lawsuit in Ohio?
Ohio law generally gives an injured person 2 years to file a personal injury lawsuit arising from bodily injury. However, the deadline for a particular claim may depend on the facts, the parties involved, and any applicable exceptions.
Wrongful death claims have their own statutory deadline. Other circumstances may also affect the time available to bring a lawsuit, so it is important not to assume that every case follows the same timeline.
Waiting too long can also make it harder to preserve evidence. Video footage may be overwritten, witnesses may become difficult to locate, and records can take time to obtain. Speaking with an attorney promptly can help you understand the relevant deadlines and protect your ability to pursue a claim.
Why Choose Kisling, Nestico & Redick?
After a serious crash, you need to understand your options and have someone who can address the legal and insurance issues involved. KNR has represented injured Ohioans for more than 20 years, helping people pursue compensation after accidents caused by negligence.
Our team brings extensive combined legal experience to personal injury cases. We investigate claims, work with the evidence, communicate with insurance companies, and prepare cases for litigation when necessary.
When you work with KNR, you can expect:
- A free consultation: Discuss your accident and potential legal options without paying for an initial case evaluation.
- No fee unless we win: KNR handles qualifying injury cases on a contingency-fee basis, so you do not pay attorney fees unless we recover compensation for you under the agreed-upon fee arrangement.
- Help with insurance claims: We can handle communications with insurers and evaluate whether proposed settlements account for your documented losses.
- A focus on your recovery: We work to manage the legal process while you concentrate on medical treatment and your next steps.
- Access to a statewide Ohio firm: With offices throughout Ohio, KNR serves injured people in Cincinnati and communities across the state.
We understand that no two accidents are exactly alike. Our team can review the specific facts of your case and explain how the law may apply.
Contact Our Cincinnati Drunk Driving Accident Lawyers Today
You should not have to shoulder the financial consequences of a crash caused by someone else’s decision to drive while impaired. If you or a loved one was injured in a Cincinnati OVI accident, Kisling, Nestico & Redick can help you understand your legal options and determine the next steps.
Our Cincinnati office serves injured people throughout Hamilton County and the surrounding area. We offer free consultations 24 hours a day, seven days a week, and can discuss your situation by phone or arrange a meeting.
Call 1-800-HURT-NOW or contact KNR online to get started. You pay nothing unless we win.
