Ohio Truck Accident Help
A Division of Ohio Truck Accident
How to File a Truck Accident Lawsuit or Claim in Ohio
Every year, 5,000 truck accidents occur in Ohio, and many victims wind up filing lawsuits or claims. While many victims pursue insurance claims or settlements, not all cases end with a handshake. When negotiations break down or insurers refuse to pay what’s fair, going to trial may be the only path to justice.
At Ohio Truck Accident Help, we’re prepared for that fight. Our experienced truck accident attorneys know how to build strong cases, hold negligent parties accountable, and take your case to court if that’s what it takes to secure the maximum compensation you deserve. When your future is on the line, we won’t back down, and we won’t let the other side walk away without answering for their actions.
Schedule your free, no-risk consultation today.
Your case may go in front of the local Ohio courts if a fair settlement is unreachable otherwise. Insurers work in their best interests, and it’s not uncommon for them to offer a low settlement amount in hopes that you’ll take less than you deserve.
Before pursuing a lawsuit, you have a lot to do.
Begin the claim’s filing process as soon as reasonably possible. Delays in filing may result in denial, which is why it’s important to:
Waiting to file a claim raises red flags with insurance companies and may weaken your case. Review your insurance policy in Ohio to verify how quickly you must file a claim, but remember that you’re not contractually bound to any terms of the at-fault party’s insurer.
When speaking to insurers, be careful to avoid taking the blame for the accident. Explain the events that occurred and let the experts decide who is at fault.
Truckers, trucking companies, manufacturers, maintenance companies, and others may share fault and liability in your accident. As your lawyer, we’ll investigate the crash and gather all necessary evidence to prove fault.
Accidents happen daily on I-70, I-71, I-75, the Ohio Turnpike, and other roadways that involve multiple parties.
We’ll speak with witnesses, review logbooks, collect any relevant video footage or in-truck data related to the accident, and even utilize expert witnesses to help establish liability.
Economic and non-economic damages factor into your claim value. Your claim has unique factors that we’ll calculate to determine a fair value, including:
Ohio Revised Code Section 2315.18 allows victims to seek damages that include:
Bank records, receipts, pay stubs, and other documentation make determining economic damages easier than non-economic damages.
Damages under this category include:
You can seek up to $250,000 or three times the non-economic amount, whichever is greater, in non-economic damages. Exceptions do exist, such as substantial physical deformities, and maximum limits per plaintiff or occurrence.
Punitive damages are also pursuable, and all these factors will make up the total value of your claim.
Once you know the value of your claim, you or your attorney can send an official demand letter to the at-fault party’s insurer that outlines:
A demand letter also includes the total amount of compensation you seek and a deadline for the party to respond to your letter.
Your compensation amount may be accepted, and your claim may end, but it’s more likely that negotiations will take place. Both parties will go back and forth to find a settlement amount that is fair, and this is where having an attorney can sway negotiations in your favor.
Ohio’s statute of limitations for filing a lawsuit is two years from the date of the accident. It’s in your best interest to file a claim with the insurer as soon as possible and hire an attorney if you plan to pursue legal action.
Evidence is best collected right after the accident rather than a year or more after.
When negotiations stall and the opposing party is unwilling to come to a fair settlement, a lawsuit may be necessary to pursue the full value of your claim.
We’ll help you navigate every step of the process, which includes:
The first step is to file a complaint in a truck accident court in Ohio. This legal document outlines your case and notifies other relevant parties that you are taking legal action.
The complaint gets filed in the appropriate Ohio civil court, and the defendant(s) will be served.
Once the complaint has been served and the defendants respond, your lawsuit will move into the discovery phase. During this stage, both parties will exchange information and evidence.
Our legal team may also take depositions from the opposing party to strengthen our evidence.
After the discovery phase, both parties may file pre-trial motions to try and resolve key issues before the case goes to trial.
Negotiations can still carry on during this stage. The opposing party may be more willing to come to the table and agree to a fair settlement to avoid a courtroom battle.
Our attorneys will handle all negotiations and fight for a fair settlement in your case.
If negotiations fail, your case will go to trial. Going to court may be the best course of action to achieve a favorable outcome in your case.
At trial, your attorney will give an opening statement, present evidence, cross-examine witnesses, and give a closing argument. The jury will then deliberate and give a verdict determining:
Post-trial, either party may file motions or appeals to challenge the decision.
At Ohio Truck Accident Help, our experienced attorneys are ready to take your case in whichever direction necessary to obtain maximum compensation. Our courtroom experience gives us a powerful edge because insurance companies know that we won’t back down. We prepare every truck accident case as if it were going to trial.
Most truck accident claims settle outside of the courtroom, but some proceed to trial. There are several factors that may influence the direction of a case, including:
The insurer or trucking company may deny responsibility or try to pin the blame on you. When multiple parties are involved in a case, liability is more likely to be disputed and more challenging to clarify.
In cases of disputed fault, it can be more difficult to reach a fair settlement without going to trial.
Cases with clear and compelling evidence, such as black box data or dashcam footage, are more likely to settle outside of the courtroom. Contested evidence may lead to a trial.
Truck accidents often result in serious injuries and property damage, both of which translate to higher compensation. If the insurance company refuses to come to a fair settlement to cover the true cost of your injuries, a trial may be necessary to obtain full compensation.
If you cannot come to an agreement on a fair settlement, your case may go to a truck accident court in Ohio. Settlement talks can continue through the pre-trial proceedings, so there’s a chance that you may not go to trial. If talks fail, the case will proceed to trial, and a judge or jury will determine the outcome.
Truck accident lawsuits in Ohio are generally filed in the Court of Common Pleas in the county where the crash occurred. In some cases, involving interstate trucking companies or federal regulations, the case may be moved to a U.S. District Court, such as:
An experienced attorney can determine the appropriate venue based on the facts of your case.
In Ohio, truck accident lawsuits can take anywhere from a few months to a year or more to resolve. The duration of your case will largely depend on its complexity.
Yes. Settlement is still possible at any point before a jury verdict is reached, even after a trial has begun. In fact, many truck accident lawsuits are resolved through negotiation or mediation during the litigation process.
Whether your case settles out of court or goes before a jury, you need an experienced legal team that’s ready for either outcome. At Ohio Truck Accident Help, we don’t just negotiate—we build cases strong enough to win in court. From day one, we gather critical evidence, consult expert witnesses, and position your claim for the best possible result.