A question I often get from personal injury victims is, "What are my rights." Or it might be asked in this fashion, "I was hurt in a car accident, what are my options." Of course, my answer depends on many facts as well as the injury law of Ohio applicable to the harm that was caused.
Basic Considerations of Accident and Injury Law
The first question to answer is whether there is legal resposibility. In a typical motor vehicle accident scenario you need to know if the other party was negligent. Negligence is a failure to act with reasonable care. Strother v Hutchinson In some cases a violation of a statute is negligence. As the statute sets the standard of reasonable care.
The next question to answer is, whether the negligence was a proximate cause of the injury causing event. A simple example is a rear end collision. Normally this is a violation of Ohio statute R.C 4511.21 The car that struck the rear of another car is not only negligent but also normally the proximate cause of the collision.
Another consideration could be whether the injured party was also partially at fault. Maybe it was night and their brake lights did not work. One could argue they were partially at fault or comparatively negligent for the rear end collision. Damages are then reduced by the percentage of fault. If your fault exceeds 50% there can be no recovery.
Was The Event the Cause of the Injuries
Often the big issue is whether the injuries complained of were caused by the negligent event . The insurance companies use lots of arguements to discount the injury. I recorded an interview where I answered the question how insurance companies delay deny and defend. This short video reviews some of the ways they try to disprove that your injury was caused by the motor vehicle crash or other event attributable to your injury. For example a fall in a store on an unsafe condition.
How Insurance Companies Deny and Defend Insurance Settlement Claims
A final concern is whether the at fault partyhad adequate insurance to pay for your injuries. When the offender is a large corporation this is not normally a problem. But in a car accident injury the careless party may not have adequate insurance to cover your harms and losses . So other sources need to be investigated.
Free Claim Evaluation to Ascertain Your Accident and Personal Injury Law Rights and Remedies
It does not cost you anything to meet with me for an initial evaluation of your accident and injury claim. We can cover your rights and options. I will answer your questions. Only if your insurance settlement claim is serious enough to merit a lawyer will I take your claim to seek for you all the money compensation you deserve. Call today to get my legal help. 513-621-2345
Anthony Castelli Attorney
8170 Corporate Park Drive #220
Cincinnati, Ohio 45242
Meeting locations through out Ohio including Dayton, Columbus, Blue Ash, Hyde Park, West Chester