Posted: April 11, 2025
Top 10 Questions Ohio Accident Victims Ask Personal Injury Lawyers (Answered)
After an accident, confusion and stress can make it hard to know where to turn. To cut through the noise, we’ve partnered with Ohio personal injury attorneys to answer the 10 most pressing questions victims ask—so you can focus on recovery while protecting your rights.
1. What Should I Do Right After an Accident in Ohio?*
Act fast to protect your health and legal case:
1. Get Medical Help Immediately Hidden injuries (like concussions) can surface days later. A doctor’s report also creates a paper trail linking injuries to the accident.
2. Gather Evidence Snap photos of injuries, vehicle damage, skid marks, and hazards (e.g., icy sidewalks). Collect witness names and contact info.
3. File a Police Report: This official document is critical for car crashes or public incidents.
4. Stay Silent on Fault: Avoid phrases like “I’m sorry” or “I wasn’t looking.” Stick to facts: “The driver ran a stop sign.”
5. Call a Lawyer Before Insurers: Attorneys prevent insurers from twisting your words into a lowball settlement.
Pro Tip: Save all medical bills and repair receipts—they’re proof of your losses.
2. How Long Do I Have to Sue in Ohio?
Ohio’s statute of limitations is **two years** for most injury claims (Ohio Revised Code §2305.10). But exceptions exist:
Minors The clock starts at age 18.
Government Claims : Notify cities/counties within 180 days for accidents on public property (e.g., pothole injuries).
Don’t delay Witness memories fade, and evidence disappears.
3. Who Pays If I’m Partially at Fault?
Ohio uses **modified comparative negligence*
Less than 51% at fault?** You can recover damages, but your payout drops by your fault percentage.
Example*: A $100,000 award with 20% fault = **$80,000**.
51% or more at fault?** You get nothing.
A lawyer fights unfair blame-shifting tactics.
4. What Compensation Can I Get?
You may claim:
Medical Bills**: ER visits, surgeries, medications, and future care (e.g., physical therapy).
Lost Income**: Missed wages, bonuses, or reduced earning power if injuries limit your job.
Pain and Suffering**: Physical pain, anxiety, or loss of hobbies (e.g., you can’t play sports).
Property Damage**: Car repairs or replacement.
Punitive Damages**: Rare, but awarded for intentional harm (e.g., drunk driving).
5. Should I Take the Insurance Company’s First Offer?
Almost always, Insurers profit by underpaying claims.
Cait for a Full Diagnosis A back injury might require surgery years later.
-Calculate Future Costs Include long-term care, therapy, and lost promotions.
Let Lawyers Negotiate: In 2022, clients with attorneys received 3x higher settlements on average than those without.
6. How Long Will My Case Take?
It depends:
Simple Settlements**: Resolved in **3–6 months** if liability is clear.
**Complex Cases**: Severe injuries (e.g., TBI) or disputed fault can take **1–3+ years
Most lawyers wait until you hit maximum medical improvement (MMI) to ensure all costs are accounted for.
7. Do I Need a Lawyer? Can’t I Handle This Alone?
You *can* file alone, but **risks include**:
- Missing deadlines or legal loopholes.
- Accepting a settlement that excludes future costs.
- Letting insurers record statements that harm your case.
Hire a lawyer if**:
- Injuries require surgery or long-term care.
- The accident involved a commercial vehicle or government entity.
- You’re accused of sharing fault.
*8. Are Damage Awards Capped in Ohio?
Ohio **only limits non-economic damages** (e.g., pain and suffering) in **medical malpractice** cases:
- **$250,000** for non-catastrophic injuries.
- **$500,000** for permanent disabilities (e.g., blindness).
No caps apply to car accidents, slip-and-falls, or most other injury cases.
9. What If the Driver Who Hit Me Has No Insurance?
You still have options
1. **Use Your UM/UIM Coverage**: Ohio requires all auto policies to include uninsured/underinsured motorist protection.
2. **Sue the Driver**: If they own assets (property, savings), a court can seize them.
3. **Tap Other Sources**: Health insurance, MedPay, or workers’ comp (if the accident happened on the job).
10. How Do Lawyers Charge?**
Most work on a contingency fee basis
No upfront costs**.
-They only get paid if you win** (typically 33–40% of the settlement).
Fees include** negotiations, court filings, and expert witness costs.
**Why These Answers Matter for Ohio Victims**
Ohio’s laws—like modified comparative negligence and UM/UIM requirements—are unique. A local attorney who knows these nuances can mean the difference between a denied claim and a six-figure payout.
1. Document Everything* Keep a journal of pain levels, missed workdays, and medical appointments.
2. Avoid Social Media Posts like “I’m feeling better!” can undermine your claim.
3. Schedule a Free Consultation: Most Ohio injury lawyers offer free case reviews.
Need Help?** <a href="https://www.castellilaw.
Created with AI
Law Office Anthony D castelli
10320 Brentmoor Lane
Loveland, ohio 45140
