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Ohio Drunk Driving Accident Lawyer

Drinking and driving is an extreme form of negligence that typically makes drivers liable for any harm they cause. If a drunk driver harmed you or a loved one, you may have the right to seek compensation for your losses. You can count on our Ohio drunk driving accident lawyers to bring compassion and decades of experience to your case.

a woman on the driver seat holding her head with both hands.

Legally Reviewed by:

Mark S. Gervelis, Esq.

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No words can truly express the injustice of a drunk driving accident. You were simply going about your day, and someone else’s reckless decision changed everything. Suddenly, you were left facing painful injuries, emotional trauma, and overwhelming financial strain. 

The path ahead may feel uncertain, but it’s important to know you have the legal right to pursue justice and compensation for what you’ve lost.

At Gervelis Law Firm, we’re passionate about helping victims and families seek the results they deserve after life-altering collisions. We’ve been a part of your community for decades, representing victims across Youngstown, Akron, Toledo, Columbus, Canfield, and Warren. Our Ohio drunk driving accident lawyers will fight for your rights, help you pursue justice, and work to recover the compensation you need to heal.

How Can Our Drunk Driving Accident Lawyers Help You?

Drunk driving cases aren’t always straightforward. While the drunk driver might be clearly at fault for your injuries, the insurance company may use various tactics to try to pay you less than you deserve. Our firm can level the playing field and increase your chances of getting fair compensation. 

We’ve been part of your community for decades, and our experienced attorneys have deep knowledge of Ohio’s laws and how drunk driving injury claims interact with criminal proceedings. At Gervelis Law, we will investigate the accident thoroughly by gathering evidence such as police reports, toxicology results, and witness statements.

Our Ohio personal injury attorneys can handle all communication with insurance companies to protect you from being taken advantage of. If negotiations don’t succeed, we’re prepared to take your case to court.

A Reputation You Can Count On

Thanks to our aggressive approach to personal injury representation, we’ve achieved numerous high-value settlements and verdicts for drunk driving victims. Here are a few examples of the results we’ve delivered to our clients:

  • Three claimants were in a vehicle that was struck head-on after a truck’s wheel came off, causing the death of one of the passengers. Attorney David Tschantz secured a $999,500 settlement for the claimants.
  • A client suffered a traumatic brain injury after being struck by a car that failed to yield to a stop sign, ejecting him from his motorcycle. Attorney Mark Gervelis secured $1.4 million for the client.
  • A client suffered multiple fractures and a brain bleed after being struck by a vehicle that failed to stop at a stop sign. Attorney Stephane Mehle secured $495,000 for the client.

Your Legal Rights After a DUI Crash

Drunk driving is a crime, but victims also have the right to file a civil claim. That means you can take legal action to recover money for your damages.

This type of legal action is different from a criminal case. A criminal case focuses on punishing the driver, while a civil case focuses on helping you recover compensation. 

You do not need a criminal conviction to file a personal injury claim in Ohio. Civil cases require a lower burden of proof, and you can still recover compensation even if the driver is never convicted.

What Compensation Can You Recover in a Drunk Accident in Ohio?

You can seek Ohio DUI accident compensation for any losses you suffer as a result of the crash. These damages are known as compensatory damages and include both economic and non-economic damages. Economic damages cover financial losses, including:

  • Past, present, and future medical expenses.
  • Lost wages for the work you missed during your recovery.
  • Lost earning capacity for the injury’s long-term effects on your ability to work.
  • Property damage, including vehicle repair or replacement.
  • Disability-related expenses, such as in-home assistance or accessibility modifications to your home.

Non-economic damages cover personal and emotional harm:

  • Physical and emotional pain and suffering.
  • Loss of consortium for the injury’s impacts on your marriage or other close relationships.
  • Disfigurement or permanent disability.
  • Wrongful death damages for surviving loved ones, such as funeral expenses and lost companionship.

You may also qualify for punitive damages if the driver intended to harm you or was extremely reckless—often the case in drunk driving cases. Punitive damages aim to punish the driver rather than compensate you for specific losses. Under Ohio law, punitive damages are typically capped at twice the amount of compensatory damages awarded to you. 

Ohio Dram Shop Laws: Holding Third Parties Accountable

Bars, restaurants, or other businesses in Ohio may be held partly responsible for a drunk driving crash in limited situations. Ohio Revised Code §4399.18 allows victims to sue an alcohol vendor if both of the following are true:

  • The business served alcohol to someone who was visibly intoxicated or underage
  • That person’s intoxication then caused the crash

These are called dram shop cases, and they require specific proof of negligence. To succeed, you must prove that the crash wouldn’t have happened if the business had not knowingly overserved the driver. Our team knows how to obtain bar receipts, surveillance footage, and witness statements to help prove third-party liability.

Ohio's Comparative Negligence Law and Its Impact

Even if you were partially at fault for a crash, you may still recover compensation in Ohio.

Under Ohio’s modified comparative negligence rule, you can file a claim if you were less than 51% at fault. Your award will be reduced based on your percentage of fault. For example, if you’re found 20% at fault and awarded $100,000, you could still receive $80,000.

In drunk driving cases, the impaired driver is usually found mostly at fault since it’s a severe, unjustifiable form of negligence. However, insurance companies may still try to pay you less than you deserve by arguing that you’re more at fault than you really are. Our attorneys know how to challenge these tactics and protect your rights.

Steps To Take After a Drunk Driving Accident in Ohio

Your actions after an accident with a drunk driver can affect the strength of your potential legal claim. Consider doing the following to protect your rights:

  1. Call 911 and get medical help immediately.
  2. Wait for law enforcement to arrive and file a police report.
  3. Document the scene—take photos, get witnesses’ contact information, and note anything unusual, such as signs of intoxication in the driver.
  4. Don’t speak to the at-fault driver’s insurance company until you have an Ohio car accident lawyer on your side.
  5. Contact a DUI lawyer for your next steps.

Choosing the Right Ohio Drunk Driving Accident Lawyer

Not every lawyer has experience with drunk driving accident cases, so look for a track record of success. A lawyer who regularly handles DUI-related injury cases will understand the relevant laws, what evidence to look for, and how to deal with insurance companies. They’ll also be prepared to approach any interference between your civil case and the criminal charges the driver might face.

Communication, availability, and compassion matter—you’ll want to feel comfortable asking questions about your options and reaching out whenever you have concerns as your case progresses. Drunk driving claims involve both legal and emotional challenges, and the right lawyer will know how to handle both.

At Gervelis Law Firm, you can find all of these qualities and more. We handle drunk driving cases with skill, empathy, and a relentless drive to seek justice for our clients. If you’re looking for a lawyer who gets results in drunk driving claims, we’re here and ready to help.

Our Experienced Ohio Drunk Driving Accident Lawyers

Our firm is led by a team of accomplished lawyers who are passionate about helping drunk driving victims seek accountability and closure. 

Mark Gervelis

Firm founder Mark S. Gervelis is a board-certified civil trial lawyer with over four decades of experience advocating for injury victims. He’s a member of several professional associations, including the Million Dollar Advocates Forum and Mahoning Trumbull Trial Lawyers.

David Tschantz

Since joining our firm in 2011, attorney Dave Tschantz has focused his practice on representing individuals injured in car accidents, truck accidents, and motorcycle accidents. He’s a lifelong Ohio resident and brings over a decade of civil litigation experience to cases involving serious injuries and wrongful death.

Stephanie M. Mehle

Attorney Stephanie Mehle joined our firm in 2015 and focuses her practice on representing individuals injured in motor vehicle accidents. A graduate of the University of Akron School of Law, she’s licensed to practice in the Courts of Ohio and the Federal District Court for the Northern District of Ohio.

Contact an Experienced Drunk Driving Accident Attorney at Gervelis Law Firm Today

Someone else’s decision to drive drunk can turn your life upside down in an instant. Let our trusted legal team help you get back on your feet. 

If a drunk driver injured you or someone you love, we’re ready to fight for the maximum compensation you deserve. Contact us online or call 866-792-2728 today to schedule a free consultation. 

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