When it comes to car accidents, Ohio follows a fault system that is very different from the ‘no-fault’ system followed by many other states. This fault system mandates that the person who is legally responsible to pay for the damages is the one who is found guilty of causing the accident. This is very different from the ‘no-fault’ system which implies that individuals must first get compensated from their own insurance company before seeking compensation from the other party, regardless of who was guilty of causing the accident.
Taking this into consideration, in Ohio, anyone who gets into a car accident has three main options when it comes to pursuing compensation for their damages. They have the choice of claiming the other drivers’ insurance, they have the option of litigating against the other driver, and they also have the option of claiming with their own insurance company. A car accident lawyer who is experienced in dealing with all types of accidents can advise a person on what course of action best suits their scenario and what form of compensation they should pursue to get the most money to cover all their damages.
Apart from the at-fault system, Ohio also follows comparative negligence law. This means that even if a person is partially responsible for the accident, they can still get compensated for the amount which is not determined to be their fault.
A person does not have an unlimited amount of time to file a legal complaint against the other driver. If one wants to make sure their case is given high importance, they should file it as soon as possible. The Statute of Limitations for car accidents in Ohio makes it clear that a person only has up to two years after their accident to litigate against the other driver. If they fail to report their case within two years, they lose the ability to seek legal compensation for their losses.
Two years may seem like a long time, but many people miss this deadline simply because they do not know it exists. Another reason many individuals take longer than two years to file their case is that their life circumstances prevent them from taking legal action until it is too late.
Though the statute of limitations is pretty intransigent, there are some exceptions to this rule. For instance, if a person only recently became aware of their injuries they may be excused for missing the deadline, and they may also be excused from missing the deadline to litigate if they were a minor at the time of the accident.
If a person hires a lawyer right after the collision occurs, they will get to benefit from their advice and experience, and they will reduce their chances of missing important deadlines. It is best to get in touch with an accident attorney as soon as possible. Any delays may result in the loss of important evidence or the overall extension of one’s case.