Compassionate Advocacy For Car Accident Victims

In one split second, your life can change when a negligent motor vehicle driver crashes into your car. Confusion sets in moments after a violent collision, and medical assistance should be your top priority. But once you have attended to your injuries, your next step should be considering legal representation.

At Lazzaro Luka Law Offices, LLC, we help to level the playing field for Ohio residents suffering the aftermath of an accident caused by negligence. We know what challenges lie ahead, so we provide clients with the advocacy they need to recover physically, emotionally and financially.

Extensive Experience In A Full Range Of Car Accident Claims

Helping clients get fair compensation after car accidents is what we do every day. We hold negligent parties accountable for the injuries they caused. Our attorneys have helped clients across Ohio injured in accidents involving:

• Motorcycles
• Trucks
• Buses
• Trains
• All-terrain vehicles

Split-second collisions at high speeds often cause serious crashes. Some are minor, while others are life-threatening. Common accident types include:

• Rear-end collisions, which account for the majority of traffic accidents
• Dangerous and deadly head-on collisions
• Sideswipes resulting from lane driving caused by blind spots prior to changing lanes or merging
• Side-impact (aka T-bone) crashes, where a car is struck at a 90-degree angle
• Rollover accidents are sometimes caused by wet/icy conditions or side-impact crashes

The State Of The Negligent Driver

In many cases, we seek to prove another driver was negligent because they were driving home after happy hour or had gone without sleep for a lengthy amount of time. Many factors can play a role when negligent and inattentive drivers refuse to follow the rules of the road, including:

• Speeding
• Driver fatigue
• Drunk driving
• Failure to obey traffic lights and road signals
• Distracted driving

With over 70 years of combined experience and access to a team of experts, our attorneys know how to find the evidence needed to prove the other driver was at fault in your accident.

What To Do After A Car Accident

The moments after a car accident can be overwhelming. Your safety comes first, but what you do next can affect your health, your finances and your legal rights. Taking the right steps early on helps protect your claim and ensures critical evidence is preserved.

After a crash, take these steps to protect your health and your claim:

• Call 911 and get medical help
• Take photos of the scene and vehicles
• Get witness names and contact info
• Avoid admitting fault
• Notify your insurer
• Contact a car accident attorney

These actions help build a strong foundation for your case. Our attorneys can take it from there – gathering evidence, speaking to insurers and fighting for the compensation you deserve.

Frequently Asked Questions

Being involved in a traffic collision is a scary experience. Aside from taking time off work to recover from your injuries, you must also navigate your insurance claim process and settle your medical expense bills on time.

To provide resourceful insights into your situation, here are the answers to the common questions about car accident claims in Ohio.

Do I need to report my car accident to the Ohio police?

In most cases, yes. If your motor vehicle accident in Ohio causes an injury or death to any person or property damage that exceeds $1,000, you must immediately call the local police to notify them about the accident.

How soon after a car accident should I see a doctor?

It is important to seek medical care as soon as you leave the scene of the accident, even if you feel fine or only have minor injuries. Delaying medical attention can not only worsen your health condition but also affect the authenticity of your personal injury claim’s statements.

What information should I collect at the accident scene?

Aside from the other party’s personal information and insurance details, you must also secure dashcam footage, collect witness statements and take media evidence of the accident scene from various angles. You will also need to request a copy of the official crash report, which you can access online via the Ohio Department of Public Safety’s website or the Ohio State Highway Patrol’s records system.

Should I talk to the other driver’s insurance company after an accident?

You are not legally obligated to speak with the other party’s insurer after the accident. Aside from your initial shock and distress, you need to prioritize your well-being and seek medical care first. Once you receive treatment for your crash injuries, you must consult with a car accident lawyer. With their expertise, they can inform you of your legal rights, help you file your personal injury claim and talk to your insurance company on your behalf.

What if the other driver fled the scene of the accident?

If the other party committed a hit-and-run, you need to write down the fleeing driver’s plate number and other key features such as the color, model and make of their vehicle. If you have a dashcam, you can use its footage as additional evidence when you report the incident to the police.

Who pays for my medical bills after a car crash?

Ohio has an “at-fault” insurance system for car accidents, which means the at-fault driver is responsible for paying compensation to the crash victims. This financial support can help pay for medical expenses, hospital bills, lost income and car repair costs.

What are the most common injuries sustained in car accidents?

The common types of injuries in traffic collisions include whiplash, concussion, soft tissue injuries, facial injuries, broken or bruised ribs, dislocated joints, and fractures. For severe cases, victims may sustain catastrophic injuries such as second- or third-degree burns, traumatic brain injuries and spinal cord injuries.

What if my injuries prevent me from returning to work?

If you need time to recover from your car accident, you can seek financial compensation for your lost income by seeking the guidance of a lawyer who can help you file a personal injury claim and/or lawsuit to secure the maximum compensation amount for your damages.

Can I file a claim even if my injuries didn’t appear right after the accident?

Yes, you can. Ohio has a two-year time limit for filing personal injury claims, which begins from the date of your accident. However, if your injury’s symptoms took days to develop, your statute of limitations will begin from the date your injury was first discovered or diagnosed. This exception is called the “discovery rule.”

How do insurance companies determine fault in car accidents?

Auto insurers analyze various factors to determine fault in motor vehicle accidents. These factors include assessing police reports, physical evidence, witness statements and traffic camera footage.

What if the at-fault driver doesn’t have insurance?

If your insurance policy includes “uninsured motorist” coverage, you can file a claim with your own insurer to seek compensation for your damages. To ensure you can protect your rights throughout the process, you must consult with a lawyer who can inform you of your options and your next steps.

What is Ohio’s statute of limitations for filing a car accident claim?

To file your personal injury claim and/or lawsuit in Ohio, you must follow the legal deadline or “statute of limitations.” Under Ohio Revised Code 2305.10, you have two years from the date of your accident to file your claim. Going over this deadline may lead to the dismissal of your case.

Should I accept the insurance company’s first settlement offer?

This decision will depend on your personal needs and situation. However, it is important to note that initial settlement offers are usually low and may not be enough to cover your medical bills and lost income. An attorney can help protect your rights by ensuring the other party’s insurance company does not take advantage of it.

What does a “bad faith” insurance claim mean?

Bad faith insurance claims can arise when a car insurance company uses unfair practices such as denying valid claims, delaying payments without justification and offering settlements lower than what the policy allows.

What if I was partially at fault for the accident?

Ohio follows a “modified comparative negligence” tort rule for car accidents. This means you can seek compensation for the crash even if you were partially at fault – so long as your fault does not exceed 50%.

For example, your total damages are $100,000. However, the judge determines that you were 20% at fault for the accident. This means the judge will reduce your total recovery amount to $80,000.

What is the difference between filing an insurance claim and filing a lawsuit?

A claim is a request for compensation between the two parties involved in the car accident and their insurance companies. A lawsuit is a formal civil action filed in court, where a judge oversees the personal injury case and makes the final decision.

How long does a car accident lawsuit take to resolve?

Resolution timelines vary on several factors, including the severity of the victim’s injuries and the cooperation of the other party’s insurance company. While typical personal injury lawsuits may take six to nine months to resolve, the durations of more complex cases can last for one to three years.

What evidence is most important in a car accident injury case?

Crash reports, medical evidence and visual evidence are three of the most important types of proof that are assessed in car accident injury claims. These documents are the foundation of your personal injury case, as they help your attorney and the insurers determine fault, which is also vital for the calculation of your total compensation amount.

Does my car accident case have to go to trial?

Negotiations with the other party’s insurance company can often resolve most car accident cases quickly. However, if negotiations fail, the crash victim may sue the at-fault party. During this stage, the parties may sign a fair settlement agreement that can effectively resolve their disputes without going to trial.

What types of compensation can I receive for my crash injuries?

In Ohio, your personal injury claim can cover payments for your past and future medical expenses, lost income, property damage, pain and suffering, loss of enjoyment of life, and emotional distress.

How are “pain and suffering” damages calculated?

Pain and suffering are noneconomic damages calculated using either of two methods: multiplier or per diem. While neither of these is required by law, they help provide a suitable estimate of your total compensation amount.

Can I be compensated for “emotional duress” after my car accident?

Yes, emotional duress is a compensable factor in Ohio car accident claims. Because post-traumatic stress disorder (PTSD) can significantly disrupt your daily life and personal interactions with people, it is possible to seek compensation for your PTSD treatments after your car accident.

Are car accident settlements taxable?

In Ohio, the taxation of a plaintiff’s car crash settlement will depend on the type of compensation they receive. For instance, payments for bodily injuries and medical bills are tax-free, while lost wages and interest are typically taxable.

How long does it take to receive payment after settling a car accident claim?

After settling with the other party’s insurer, you can expect to receive your payment within the next 30 to 60 days. This time frame will depend on the insurance company’s outstanding obligations and claims processing speed.

What happens if my injuries worsen after I’ve settled my claim?

Since you have already settled with the other party, the best option you have is to consult with an experienced lawyer and learn whether you can reopen your case or pursue a new injury claim instead.

How does my insurance coverage affect my claim against another driver?

Your own insurance policy can influence the way you file your personal injury claim. For instance, your collision coverage can make your insurer pay for your car repairs regardless of fault. However, using your own coverage may require you to pay a deductible. Filing a claim against the other driver’s insurance company can help you avoid this out-of-pocket cost.

Contact Lazzaro Luka Law Offices, LLC

Regardless of the circumstances that left you or a loved one seriously injured, the sooner you call us, the sooner we can help you. For more information or to schedule an initial consultation, call us in Rocky River at 440-583-6790 or fill out our intake form.