In Ohio, there are two laws that anyone injured in an automobile accident needs to be aware of. The insurance company knows these laws better than the people who wrote them, but they do not expect the same from the average person. These laws could eliminate or reduce the compensation that an accident victim is entitled to, says an experienced automobile accident lawyer in Centerville, OH.
Don’t Wait Too Long to File a Personal Injury Lawsuit
Ohio has a statute of limitations of two years. This means that a lawsuit must be filed within two years from the date of the injury. People may delay seeking legal advice for many reasons, but if they wait longer than two years, the courts will almost certainly refuse to hear the case. The right to receive compensation will be lost.
The Insurance Company Will Try to Blame the Victim
Ohio laws compensate victims based upon the “modified comparative negligence rule.” In other words, if the insurance company can prove that the victim was 50% to blame for the accident, then the victim will only receive 50% of the compensation that they are entitled to. If the insurance company can prove that the victim was 51% to blame, then the accident victim will not receive compensation.
Obviously, the insurance company is motivated to blame the victim for the accident, even if they can only prove that the victim was 10% to blame. When this “spread the blame” tactic is applied to as many cases as possible, the insurance companies can save a large amount of money.
Suppose that Harry made a sudden turn in front of Sally, causing an accident and badly injuring Sally. However, Sally was driving 45 mph in a 35 mph zone. The insurance company would blame Sally for speeding, attempting to raise Sally’s percentage of negligence to 51% if possible.
In another example, suppose that Sally was driving the speed limit, but had noisy children in the back seat. They would accuse Sally of being a distracted driver. If they can prove Sally was 20% responsible, then Sally’s compensation will be reduced by 20%.
TSMS Law has aggressively fought the insurance companies for many accident victims. Before the insurance company blames you for the accident, talk to an experienced automobile accident lawyer in Centerville, OH. Call for a free initial consultation before it’s too late.
