Our car accident lawyers in Westlake at HMW Law – Ohio Trial Attorney have represented Ohio clients since 2002, bringing more than 60 years of combined legal experience. We are selective about the cases we accept so we can give our clients focused attention, responsive communication, and a clear understanding of where their claims stand.
If another driver injured you, contact us for a free consultation with our Westlake personal injury lawyers.
What Should You Do After a Car Accident?
Your actions immediately after a collision can help preserve information that may later be needed to establish fault and damages.
If your condition allows, you should:
- Call law enforcement and report the collision.
- Get medical care for your injuries.
- Photograph vehicle damage and the crash scene.
- Record road, traffic, and weather conditions.
- Exchange contact and insurance information with the other driver.
- Obtain contact information from witnesses.
- Keep medical bills, repair estimates, receipts, and other records.
- Save photographs showing how your injuries develop over time.
You should also be careful about giving a recorded statement to the other driver’s insurer. Statements made shortly after a crash can later be used to dispute how the collision occurred or how seriously you were injured.
For a free legal consultation with a Criminal Defense lawyer serving Westlake, call 216-774-0000
How Fault Is Determined After a Westlake Car Accident
Liability is based on evidence showing how the collision occurred and whether a driver failed to exercise reasonable care. Police reports can provide useful information, but we may need additional evidence when drivers disagree about what happened.
Depending on the collision, that evidence can include:
- Traffic or surveillance video.
- Vehicle photographs.
- Witness accounts.
- Electronic vehicle data.
- Cell phone records, when legally obtainable and relevant.
- Damage patterns.
- Measurements and photographs from the crash scene.
- Medical records.
- Testimony from accident reconstruction or other qualified professionals.
Our Westlake car accident attorneys use the available evidence to establish both the cause of the collision and the connection between the crash and your injuries.
Westlake Car Accident Lawyer Near Me 216-774-0000
What if Both Drivers Share Fault?
Ohio follows a modified comparative-fault system. You do not automatically lose the right to recover compensation simply because you contributed to a collision.
Under Ohio Revised Code Section 2315.33, you may generally recover when your percentage of fault is not greater than the combined percentage assigned to the other responsible parties. Your compensatory damages are reduced according to your percentage of fault.
If your percentage of fault is greater than the combined percentage attributed to the other responsible parties, Ohio law bars recovery.
Click to contact our car accident lawyers today
Potential Liable Parties
The other driver is often the primary defendant, but some crashes involve additional people or businesses.
Depending on what caused the collision, potentially responsible parties may include:
- A negligent driver.
- An employer whose employee caused a crash while acting within the course of employment.
- The owner of a commercial vehicle when applicable law supports liability.
- A company responsible for negligent vehicle maintenance.
- A manufacturer responsible for a defective vehicle or component.
- Another person or business whose conduct contributed to the collision.
Identifying additional defendants can be especially significant after a commercial vehicle collision or when the at-fault driver’s insurance is insufficient to cover serious injuries.
Complete a Free Case Evaluation form now
What Compensation Can You Seek After a Car Accident?
An injury claim should account for losses caused by the collision, including losses that continue beyond the first few weeks of treatment.
Depending on your injuries, compensation may include:
- Ambulance and emergency room charges.
- Hospital and physician bills.
- Surgery.
- Medication.
- Physical or occupational therapy.
- Reasonably anticipated future medical treatment.
- Lost wages.
- Reduced earning capacity.
- Pain and suffering.
- Physical limitations.
- Scarring or disfigurement.
- Property damage.
- Other accident-related expenses supported by evidence.
A car accident attorney in Westlake can assess these categories using medical records, employment information, bills, receipts, and other documentation.
What Happens if the Other Driver Does Not Have Enough Insurance?
An at-fault driver may have no insurance or may carry coverage that is too low to fully address a serious injury.
Ohio requires drivers to maintain proof of financial responsibility, but uninsured drivers are still involved in collisions. The state’s financial-responsibility statute was most recently amended, with the changes taking effect on September 30, 2025.
Your own insurance policy may provide another source of recovery if you purchased uninsured motorist or underinsured motorist coverage.
Uninsured Motorist Coverage
Uninsured motorist coverage can apply in qualifying situations when the responsible driver has no applicable bodily injury liability insurance.
Ohio law permits insurers to offer this coverage, but it is not mandatory.
Underinsured Motorist Coverage
Underinsured motorist coverage may apply when the available liability coverage from those responsible is lower than the limits of your applicable underinsured motorist coverage.
These claims still require proof that the other driver was legally responsible for your injuries. Policy language and coverage limits also affect what can be recovered.
Why You Should Be Careful With Early Settlement Offers
An insurance company may offer money before your treatment is finished. Accepting that offer can be risky if you do not yet know whether you will need surgery, rehabilitation, additional testing, or long-term care.
Before resolving a bodily injury claim, you should understand:
- The diagnoses connected to the collision.
- Whether additional treatment is expected.
- How much work you have missed.
- Whether your ability to work has changed.
- Whether you have permanent restrictions or impairment.
- The amount of available insurance coverage.
- Which claims the settlement and release will resolve.
Once a claim is fully settled and a valid release is signed, you generally cannot demand additional compensation for the same claim because your injuries later prove more serious than expected.
When Does a Car Accident Claim Become a Lawsuit?
Filing a lawsuit may be appropriate when the parties cannot agree about fault or the amount of compensation. A lawsuit also provides formal methods for obtaining evidence from defendants and third parties.
The litigation process can include:
- Written questions and document requests.
- Depositions under oath.
- Requests for medical or employment records.
- Testimony from qualified professionals.
- Pretrial motions.
- Mediation or settlement conferences.
- Trial if the claim does not resolve.
Settlement negotiations can continue after a lawsuit is filed. Filing a lawsuit does not mean the case will necessarily proceed to a jury verdict.
Why Our Westlake Car Accident Lawyers at Choose HMW Law
HMW Law places a strong emphasis on communication, transparency, and giving accepted cases individual attention.
Our approach includes:
- More than 60 years of combined legal experience.
- Representation from an Ohio firm established in 2002.
- Attorneys who focus their work within specific practice areas.
- Selective case acceptance that allows us to devote attention to our clients.
- Responsive communication about developments in your claim.
- Technology designed to make communication with our team efficient and transparent.
- Compassionate representation combined with a willingness to fight disputed claims.
We believe character and integrity are as significant as legal ability. That principle guides how we choose our attorneys and how we represent our clients.
Get Help From Our Westlake Car Accident Law Firm
If another driver caused your injuries, do not let an insurance company decide the value of your claim before you understand what Ohio law allows you to pursue. HMW Law can deal directly with insurers, assess available coverage, and pursue compensation for your injuries and losses.
Call us for a free consultation with a Westlake car accident lawyer and get answers about your claim.
Call or text 216-774-0000 or complete a Free Case Evaluation form