If you have been hurt in a car or motorcycle accident in Ohio and are considering further action, you might have plenty of questions about how to move forward. Since every case is different, there is a range of factors that could impact the outcome of your personal injury case. Below, we look at four of these potential issues that could direct how things go.
1. The Type of Incident that Resulted in Your Injuries
Personal injury cases can arise from any preventable automobile, truck, or motorcycle-related issue, and the type of accident that caused your injuries will have a significant impact on the way your case proceeds.
The nature of each incident can direct which laws apply. For example, car accident cases often bring up questions of traffic violations, while trucking incidents can bring specific federal “hours of service” law into the picture.
2. The Severity of Your Injuries
The extent and severity of your injuries can impact potential recovery amounts. Medical expenses are often the majority of damages sought in many personal injury cases, and defendants are more incentivized to contest liability when there is a significant amount of money at stake.
3. Whether Your Case is Contested or Uncontested
Personal injury cases can either be contested or uncontested. In an uncontested case, the defendant admits that he or she was at fault for an accident, meaning that the only issue that needs to be resolved between the parties is how much the defendant (or his or her insurance) will pay in damages.
If the defendant does not concede liability, the case is considered “contested,” which means that the victim will need to establish that the defendant was negligent to recover compensation. Contested cases often require much more legal work, including the possibility that the case could go to trial.
4. Whether the Claim is Against a Public Entity
Finally, if your legal claim is against a public entity such as a public school or a state agency, a special set of legal rules apply that will impact your case. These claims are subject to Ohio Revised Code 2743.02 that governs how claims against public entities are handled. This law imposes strict time limits on claims against public entities. Also, it limits the amount of compensation that victims can recover, so if your incident involves a public entity, it’s crucial to enlist the help of a knowledgeable personal injury attorney promptly.
It goes without saying there are other factors to consider in personal injury cases. An experienced personal injury law team like Garretson & Holcomb, LLC can help advise you on potential best next steps. Call (513) 863-6600 to learn more.
