Steps to Take After an Injury in Greater Cincinnati & Northern Kentucky
The chaos and the shock of an accident can overwhelm anyone. Luckily, there are steps you can take following any kind of injury that can help you regain a sense of balance:
- Turn to Medical Help: Seek out medical experts who can determine the extent of any injury sustained and offer you appropriate treatment.
- Collect Necessary Documentation: A personal injury claim may depend on documentation as evidence. Obtain copies of police reports, medical records, accident scene photos, and witness statements.
- Personal Recollection of Details: As soon as you can, document your own recollection of what happened before, during, and after the incident.
- Report the Accident to Your Insurance: Some agencies have strict time requirements for reporting, so be sure to report the accident to your insurance company as soon as possible.
- Reach out to an Attorney: Hire a personal injury attorney to help you file claims, negotiate a settlement with the insurance company, or go to trial if necessary.
With so many hurdles standing in your way, putting the pieces back together after an injury is certainly not easy. But by getting in touch with local attorneys, you can take the first step toward reclaiming control over your life and your future.
Determining Fault in Car Wrecks & Other Accidents
Your personal injury claim will be approached differently depending on the state. Both Ohio and Kentucky approach personal injury claims through a system called ‘comparative fault.’ This means that monetary damages will generally be allocated according to the percentage of each party’s fault. While both states are comparative fault states, Ohio has adopted a modified version of comparative fault.
Pure Comparative Fault
Take this scenario as an example: if you were involved in a car wreck in Kentucky that was caused by another driver running a red light, but you were also texting while driving, the court may find that you were 70% at fault. As a result, your overall settlement will be reduced by 70% to account for your level of responsibility in causing the crash. If the court awards you $10,000 in damages for your injuries, you will actually only be entitled to receive $3,000.
Modified Comparative Fault
Imagine this same car wreck occurred in Ohio. Because Ohio approaches each personal injury claim under a system of 'modified comparative fault,’ monetary damages will only be given out if the injured party is less than 50 percent at fault for causing the injury. If the injured party was 51 percent at fault or more, they will not be able to recover any damages. However, suppose the court finds you 40% at fault. In that case, you will be entitled to receive damages (because it is less than 51%), but the amount of money will be reduced according to the percentage of your fault.
It's important you have knowledgeable motor vehicle accident attorneys working for you to maximize your chances of receiving compensation. If you have been injured in any kind of accident, don’t wait. Contact us at The Berger Firm to schedule a consultation.