Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Consult a qualified attorney to discuss your specific situation.
Detailed Answer
When a car accident worsens a pre-existing injury in Ohio, you may recover compensation for both the original condition and any new damage. Follow these steps to document your exacerbation and pursue a claim effectively:
1. Seek Immediate Medical Attention
Obtain prompt evaluation from a licensed medical provider. Describe your baseline symptoms and any changes since the crash. Accurate medical records are critical evidence of aggravation.
2. Maintain Comprehensive Medical Records
- Collect all diagnostic tests (X-rays, MRIs) and treatment notes.
- Keep invoices and receipts for medical expenses.
- Obtain a treating physician’s letter confirming the accident’s role in worsening your condition.
3. Document the Accident and Your Injuries
- Request a copy of the Ohio traffic crash report.
- Photograph visible injuries, vehicle damage, and the collision scene.
- Gather witness contact information and statements.
4. Quantify Your Damages
- Economic damages: Medical bills, prescription costs, rehabilitation, lost wages.
- Non-economic damages: Pain and suffering, loss of enjoyment of life.
- Consider expert testimony (e.g., vocational or life-care planners) to assess future costs of care.
5. Understand Ohio’s Comparative Fault Rule
Ohio follows a modified comparative negligence system. Under O.R.C. § 2315.33, you can recover damages if you’re less than 50% at fault. Your award reduces by your percentage of fault.
6. Be Aware of the Statute of Limitations
In Ohio, car accident injury claims must be filed within two years of the accident date under O.R.C. § 2305.10. Late filing usually leads to dismissal.
7. File an Insurance Claim and Prepare a Demand Package
- Notify the other driver’s insurer promptly.
- Send a demand letter outlining liability, exacerbation of your pre-existing injury, and a calculation of damages.
- Include medical records, bills, accident reports, and any expert reports.
8. Negotiate or Litigate
Insurers often propose settlements. Review offers carefully—consider the long-term impact of your aggravated injury. If negotiations stall, you may file a lawsuit in the appropriate Ohio court.
Helpful Hints
- Keep a daily pain and activity journal to track how symptoms worsen.
- Photograph injuries regularly to show progression or healing setbacks.
- Submit all medical bills promptly to your own insurer and the at-fault party’s carrier.
- Attend every medical appointment; gaps in treatment may weaken your claim.
- Work with medical experts to clearly link the accident to exacerbation.
- Consult an attorney early to understand your rights and deadlines.