What Makes a ‘Good’ Car Accident Claim?

Sep 04, 2020 Car Accidents

Tens of thousands of Ohioans are injured in car accidents every year. The harm sustained in these wrecks can be significant. Going back to work can be impossible for a long time, and your medical bills can be costly. It’s important to act without delay to recover the compensation that you deserve. Many accident victims wonder what makes a good car accident claim. They may know that they are not at fault, but how can they make sure that they secure the financial help they need?

The Ohio car accident attorneys at Kisling, Nestico & Redick have been successfully working with injury victims for over 15 years. We know what makes a strong claim and how injury victims can recover everything they need to move on with their lives.

Contact us today to discuss your claim with an experienced attorney. Call 1-800-HURT-NOW for a free, no-risk consultation. We will walk you through the process and explain the next steps. There’s no risk because we only get paid when you recover compensation.

How Fault Gets Determined

Your lawyer needs to demonstrate how the other party holds fault for your accident and injuries. Establishing that the other person is responsible is necessary even if your case never goes to trial. Without a strong argument for the other party’s fault, the insurance companies involved will not offer enough to cover the damages that you sustained.

The following must be shown to prove liability:

  • Negligence – The other party acted recklessly. Many car accidents are caused by drivers who are intoxicated, speeding, or distracted.
  • Cause – Your accident was caused by the other driver’s negligence. It’s not enough to show that they were negligent, it must be demonstrated that their actions caused your wreck.
  • Damages – To be liable for paying compensation, your damages must be proven. This can be done by showing medical bills, lost wages, and even examples of pain and suffering.

Since Ohio is an at-fault state, you do not have to seek compensation from your own insurance provider before seeking damages anywhere. Our state’s at fault system lets you immediately file a claim for damages against the negligent party and their insurance provider. However, the insurance companies work hard to pay out as little as possible. It’s important to have a lawyer who understands how to build a strong car accident claim.

The Evidence Used In Your Claim

Every auto accident is unique, and your lawyer will carefully study every detail of your case. Many injury victims are worried that there might not be enough evidence to clearly show that the other party was at fault. Fortunately, there is usually a great deal of evidence if you know where to look.

Our attorneys have investigated many auto accidents and some examples of evidence used to make a strong accident claim include:

  • Medical records of the injured parties
  • Police reports
  • Photo or video footage of the accident
  • Witness testimony
  • Medical expert opinions
  • Accident reconstruction data
  • Photographs of injuries and property damage
  • Toxicology reports

Speak With a Lawyer About Your Case

The statute of limitations in Ohio requires that personal injury claims be filed within two years. This law can prohibit injured people from recovering damages if they wait too long. Even strong cases of negligence must be acted upon before this time limit expires.

Contacting a lawyer immediately helps you secure the damages you need because evidence fades over time and it can take a while to properly investigate a car accident claim.

While Ohio’s statute of limitations is strict, it does have some exceptions:

  • Cases where the injured person is a minor – The two year limit can be delayed until the injured person reaches their 18th birthday.
  • Injuries that are not immediately apparent – Some injuries are not noticed immediately. The statute will not bar your claim so long as you were reasonable in not noticing the harm.

The Attorneys At Kisling, Nestico & Redick Can Help You

Vehicle collisions inflict serious injuries on Ohio residents every year. Your life can be turned upside down, and you may be wondering how you’re going to recover what you need.

An experienced lawyer will gather the evidence while also negotiating with the insurance company involved. At KNR, we’ve been helping people after car accidents for over 15 years. We understand how important recovering damages is and what it takes to build the strongest possible claim.

Our firm is open and following social distancing guidelines. Contact us today to schedule an appointment and learn more about our safety procedures.
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