Imagine reeling from the aftermath of an injury accident, then learning that the at-fault party was legally drunk or on drugs. You are in shock and disbelief. Somebody’s careless choice has turned your life upside down. You’re looking at injuries, medical expenses, time lost from work, a damaged or totaled car, and on and on. The complications and costs seem to multiply. You may feel overwhelmed and unsure where to begin to make sense of the situation. On top of it, you may get a subpoena to testify against the driver in a criminal matter. As soon as you are able, reach out to a drunk driving accident attorney, because in Ohio, the statute of limitations for filing a personal injury case is only two years.
Steps to Take After a Drunk Driving Accident to Protect Your Injury Claim
How you responded at the time of the accident can support your case. When you are in a car crash, call 911 immediately. And even if you feel that you weren’t seriously injured, seek medical attention at an ER or urgent care clinic for any injury. When you are involved in a collision caused by a drunk driver, the result can lead to serious injuries such as fractures, loss of a limb, hospitalization, and permanent disability. Even if your injuries appear minor, other soft tissue injuries like whiplash or concussion could be masked by the initial rush of adrenaline. You may not fully feel the impact for several days, but getting checked out on the scene creates a medical record that is important for the legal process.
Follow your providers’ treatment plan to the letter, including follow-up appointments, rehab, taking prescribed medications, and time off work. Documentation of your injuries and continuing care is crucial to supporting your drunk driving injury case. Another word to the wise — stay off social media. We get it. You’re injured, angry, and upset. Defenders of the drunk driver could read your socials and use your words against you. Don’t do anything that could jeopardize your case.
Types of Damages and Liability in Ohio Drunk Driving Injury Claims
In Ohio, you can file a personal injury claim for compensatory damages that are broken down into economic damages (medical expenses, lost wages, car repair, and other related costs) and non-economic damages (pain and suffering, PTSD, anxiety, etc.). Punitive damages may also be awarded to punish the offender. Typically, in a personal injury case, you must prove the other party’s negligence; however, in Ohio, drunk driving falls under the category of negligence per se. This means that since the at-fault party has already violated a law (OVI), their negligence has usually already been established in the eyes of the law.
What to Expect When Working With a Drunk Driving Injury Lawyer
When you meet with your drunk driving injury lawyer, they will get your account of what happened and have you sign forms for medical records release, HIPAA disclosures, and other forms that allow them to gather evidence to support your claim. In addition to medical providers, your lawyer will contact law enforcement to obtain an accident report, field sobriety test results, toxicology reports, driver’s BAC at the scene, CCTV, photos from the scene, witness statements, etc. At this stage, the legal strategy is to file a claim with the at-fault party’s insurance company, and if a satisfactory result cannot be obtained, your lawyer will file a civil lawsuit against the at-fault party. While your lawyer is working in the background, you should use the time to recover and heal from your injuries.
Protect Yourself from Insurance Tactics After a Drunk Driving Accident
While you are recovering from your drunk driving injuries, you may be contacted by the at-fault party’s insurance company. Their goal is to pay you the lowest possible settlement as quickly as possible. Please don’t fall for it. Refer any callers from an insurance company to your drunk driving injury lawyer. Ohio has a modified comparative negligence rule. This means that if you are 50 percent or less at fault, you can recover damages, and your percentage of fault reduces the amount you recover. If you were found to be greater than 50 percent at fault, you won’t recover anything. This is where insurance companies can play games. They can try to shift part of the blame for the drunk driving accident to you. Shocking, but true. For example, the insurer may try to argue that you didn’t signal a turn or changed lanes abruptly. Again, refer any inquiries from an insurance company to your drunk driving accident attorney.
Drunk driving accident cases can be confusing because the drunk driving charge and/or conviction of the at-fault driver doesn’t automatically mean that you have won your case. The OVI or DUI is a criminal charge, whereas your claim is initially against the insurance company and may later become a civil lawsuit. The evidence from the criminal case (OVI) can help support your claim. If you pursue a civil case, and if applicable, your attorney may be able to sue an establishment, such as a bar or restaurant, that overserved the drunk driver. This falls under Ohio’s Dram Shop Law (ORC 4399.18).
Understanding Damages in Ohio Drunk Driving Cases
As for damages amounts, in Ohio, economic damages are awarded for medical expenses, lost wages, and future lost wages. Non-economic damages are capped at $250,000 or three times the economic damages. Punitive damages, which are assessed to punish the drunk driver, are capped at twice the amount of compensatory damages or $350,000. However, the non-economic damages cap may be waived if your injuries are “catastrophic.”
Drunk Driving Injury Attorneys You Can Trust
If you have been injured in a drunk driving accident, contact Oliver Law Office at 614-220-9100 or use our online contact form to schedule a free consultation. We have offices in Columbus and Dublin, but we can consult with you by phone or online anywhere. One of our experienced drunk driving accident lawyers will meet with you to review your case and develop a legal strategy. You can rest assured that we will work hard to seek the justice and accountability you deserve. We are a contingency-based firm, meaning that if we don’t recover damages for you, we don’t get paid a fee. Don’t wait, call today.
