Gahanna Personal Injury
When you sustain an injury caused by another person’s actions, the law provides you with the means of pursuing a civil suit to recover compensation from that party for medical expenses, lost wages, emotional distress and more. This is referred to as personal injury law and has helped accident and injury victims throughout Gahanna reclaim the benefits they need and deserve after an accident.
Types of Personal Injury Lawsuits
Personal injury law allows a person to recover damages when someone else behaves irresponsibility, or negligently, therefore causing an injury. There are many types of personal injury cases. The following lists the most common types of personal injury lawsuits.
- Traffic accidents (cars, trucks, buses, motorcycles, etc.)
- Slip and fall/premises liability
- Defective products
- Dog bites
- Medical malpractice
Any time that a person is injured because of another person’s actions, they may be able to file a personal injury lawsuit.
Proving Negligence in a Personal Injury Lawsuit
In order to recover compensation for injuries caused by someone else, you will have to prove that the other person behaved negligently and that this negligent behavior was the direct cause of your injuries. Negligence is the legal term for the failure to use reasonable care. For example, if a drunk driver hit you, you can assume that the driver acted negligently by operating a motor vehicle while under the influence of alcohol.
But proving negligence isn’t always straightforward and often requires the help of a legal expert. You must prove the defendant owed you a duty of care, violated that duty by acting negligently, the negligence caused your accident and injuries, and that you suffered damages.
What’s more, it’s important to note that Ohio has a modified comparative negligence law. According to Ohio Revised Code section 2315.33, a plaintiff who was partially responsible for the accident resulting in injuries may be barred from recovering damages if the plaintiff was more than 50 percent at fault. If the person’s fault is less than 50 percent, the amount of damages awarded will be reduced by the plaintiff’s or claimant’s percentage of fault for the accident. For example, a plaintiff who suffered $200,000 in damages may be able to recover only $160,000 in damages if the plaintiff was 20 percent at fault for the accident.
Damages Awarded in a Personal Injury Lawsuit
If you have been injured in Gahanna and hope to recover compensation, there are caps on damages in Ohio of which you should be aware. Section 2315.18(B)(1) of Ohio Revised Code states that there is no cap on economic damages in the state. Economic damages are those that are quantifiable, such as medical expenses or lost wages.
Non-economic damages, such as pain and suffering, are capped in Ohio. Damages shall be capped at $250,000 or three times the amount of economic damages awarded, whichever is greater, up to an overall maximum of $350,000.
Talk to a Personal Injury Attorney Today
If you’ve been injured in Gahanna, a personal injury attorney can help you understand personal injury law as it applies to your case and file a personal injury suit to recover damages you suffered. The statute of limitations for filing a personal injury suit in Ohio is two years from the time when the injury occurred.
The attorneys at Bressman Law know how important it is that you get the money you need and deserve following a serious accident. We are ready to help you today. To speak with an attorney, call our offices today at 1-866-777-6680 or use the form on our contact page to set up a free consultation.