Kitch firm attorneys have been involved in the defense of automobile negligence actions in Ohio since the inception of our Ohio office over fifteen years ago. With the state of Ohio continuing with the tradition of a fault-based automobile negligence system, where "whiplash" claims survive, we have brought to bear our trial skill and experience, as well as our unique medical injury expertise, in the defense of Ohio drivers and their carriers. Our access to, and relationship with, expert medical practitioners through our history of medical malpractice representation has been sought frequently in those complex and serious injury cases. When liability is clear, the argument becomes limited to damages. Having highly-credible experts demonstrate that the damages are unproven or unrelated may be the only viable defense available.
Ohio has presented itself as an open battleground for a variety of automobile negligence and insurance-related issues, and the firm has continually been on the front lines. Matters such as expansion of the "uninsured/underinsured" coverage available (even coverage through passengers' employers' policies when not involved with employment), have been battled in the changing Ohio court environment and significantly changed the impact on both claimants and insurers. The firm has put itself in the midst of these issues with aggressive representation of both Ohio insured and direct suits against insurers, and has also been sought out as "bad faith" counsel by both local and national insurance carriers in a forum that still allows punitive damages for such claims.
With offices in Ohio and Michigan, and several experienced, dually-licensed attorneys in the Toledo office, the firm is also in a unique position to counsel and represent insured and insurers on those "border state" issues that arise. Whether involving the impact of out-of-state drivers, the interplay of no-fault first party (PIP) benefits with an Ohio negligence allegation, or the effect of differing state-required minimal coverage on opposing policies, the firm can provide the insight necessary for protection and clarity on these border issues.