Every car accident case—and its resolution—is a unique event, meaning the amount of time it takes to resolve each case is also unique. On your own, understanding the legal elements of each case and the compensation process can be challenging and stressful. A Dayton car accident lawyer can explain the varying factors that determine how long your Dayton car accident case can take.
Your lawyer will collect bills and other documents that determine the amount of your damages. This can sometimes be a prolonged process, which will factor into the timeline of your case. They will also examine the at-fault driver’s insurance policy and communicate with their adjuster for you. Your lawyer will handle the negotiation process and explain the steps involved in reaching an acceptable settlement.
Types of Financial Compensation You Can Recover for a Dayton Car Accident
The financial aftermath of a car accident can involve multiple types of financial compensation. The driver whose negligence caused the collision is responsible for compensating you. To assign an accurate value to your case, your lawyer will assess the following economic damages:
- Past and future medical treatment
- Treatment-related travel expenses
- Past and future loss of income
- Loss of future earning potential
- Vehicle damage or total loss
Your lawyer will also request the following non-economic damages:
- Disability and disfigurement
- Pain, suffering, and inconvenience
- Mental and emotional anxiety
- Loss of enjoyment of life
If a Dayton car accident resulted in a fatality, surviving families can recover a range of wrongful death damages. These generally include funeral and burial expenses, loss of the decedent’s financial and domestic support, and loss of consortium and companionship.
How Ohio’s Statute of Limitations Affects Your Car Accident Case
Ohio’s filing deadline does not determine how long your car accident case will take. It does, however, govern the amount of time you have to file your lawsuit, which has a direct impact on your case. You generally have:
- Two years to file your personal injury lawsuit, according to Ohio Revised Code Section 2305.10
- Two years to file your wrongful death lawsuit, according to Ohio Revised Code Section 2125.02
If the statute of limitations expires, you could be prevented from filing your lawsuit or have it dismissed without ever being heard. Either consequence could mean you have to legal remedy that compels the at-fault driver to compensate you. Your lawyer will help you understand the filing deadline, including any fluctuations that affect your case.
The Car Accident Lawsuit Process in Dayton, Ohio
Filing a lawsuit in your car accident case does not always mean you will go to court. A settlement is a far more likely outcome. If your case does go to court, the typical process is:
- Your personal injury lawyer will file a lawsuit against the at-fault driver on your behalf
- Representatives for each side will conduct depositions to gather information
- Each side will participate in the discovery and exchange of evidence and information
- After a trial date is set, attorneys for each side will present their case
At the conclusion of a trial, the judge or jury will render a final decision. They will also determine the amount of damages you are entitled to recover. The timing of each step plays a role in how long your case will take to reach a resolution.
Settle Your Dayton Car Accident Case Without Going to Court
Your lawyer will work toward obtaining a financial settlement with the at-fault driver’s insurance company. After presenting proof of their policyholder’s negligence and proof of the accident’s financial consequences, your lawyer will:
- Submit a demand letter and settlement offer
- Weigh the pros and cons of each offer you receive
- Navigate the back-and-forth negotiation process
- Guide you toward a well-informed settlement decision
The weight of the evidence and its indication of negligence can help steer your case toward an out-of-court settlement. Your lawyer will fight hard for the best possible financial outcome for you.
The Role of Negligence in Recovering Damages in a Dayton Car Accident Case
Understanding negligence is critical in car accident cases since the at-fault party bears financial liability. To establish negligence and understand how it is distributed, your car accident lawyer will prove:
- The at-fault driver owed you a duty of care
- The at-fault driver breached their legal duty
- Their actions were the cause of the accident
- The accident had financial consequences
Ohio is a fault state, meaning the at-fault party in a car accident can be compelled to cover the resulting financial damages. Contributory negligence laws in Ohio allow you to recover damages as long as less than half of the accident’s cause is attributed to you. A lawyer can help you fight to have fault accurately assigned.
A Car Accident Attorney Serving Dayton Will Build a Strong Evidence Collection
Evidence in your car accident case will take two forms—proof of the accident’s cause and proof of its costs. To prove the negligence that led to the accident, your lawyer will collect:
- Car accident report containing contact details, vehicle descriptions, and road and weather conditions
- Accident scene evidence, including diagrams, narratives
- Statements from eyewitnesses, financial experts, and an accident reconstructionist
- Photos and videos, including smartphone, security, dashcam, and traffic cam images
You do not have to build your evidence collection on your own. To prove the accident’s costs, your legal team will collect your medical bills, vehicle repair bills or replacement estimates, and proof of income. They will also collect a written prognosis and medical expert testimonials to support the value of your non-economic damages.
Get Your Free Dayton Car Accident Case Consultation Now
Settling your car accident claim or going to court can take varying amounts of time, depending on a variety of factors. Our legal team will also explain the types of damages you can recover and how long your Dayton car accident case could take.
Contact our car accident team for a free consultation on your case.
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