Like most states, Ohio follows an “at-fault” principle for damages related to auto accidents. Under this system, every driver is responsible for compensating other motorists and pedestrians for damages if they cause an accident. Below is an overview of the tort system and when you may need to file a personal injury attorney.

What Does “At-Fault” Mean?

In at-fault or tort states, people injured in an accident can take legal action against a negligent driver. To minimize the risk for everyone on the road, Ohio requires every driver to carry an insurance policy with a minimum of $50,000 in bodily coverage and $25,000 to repair or replace property damaged in an accident.

If someone else causes a collision in which you were seriously injured, their insurance company should compensate you for your medical expenses, lost wages, pain and suffering, and the damage to your car. However, this process isn’t always straightforward and may not cover all your expenses, so you may need to file a personal injury claim to recover your damages.

When Should I File a Personal Injury Claim?

An insurance company may try to deny that their client was responsible for the collision. They may try to find evidence that shifts the blame to you or attempt to minimize the severity of your injuries. In these instances, a personal injury attorney can collect evidence from the incident and work on your behalf to compel the insurer to negotiate a fair settlement.

Even if the other driver was determined to be at fault, you may not recover the full extent of your damages if they exceed the limits of the driver's insurance policy. For example, if they only carried the minimum insurance amount and the medical expenses of everyone in your vehicle total $75,000, you’ll still only receive $50,000. In these instances, your personal injury attorney may take action against the driver for the remaining $25,000.

If you were the victim of a car accident and experienced injuries, reach out to Michael D. Doyle, Attorney At Law in Elyria, OH. Since 1991, this attorney has been fighting for the rights of clients in Lorain and Cuyahoga counties. If you’ve been injured by a negligent driver, this experienced personal injury attorney and his staff will help you file a claim and negotiate a settlement. Visit their website for more on their personal injury services, or call (440) 323-0001 to schedule a consultation today.