If you’ve been injured due to another person’s negligence or wrongdoing and face mounting medical bills, lost wages, and ongoing stress about returning to a stable and productive lifestyle, you may need to consider a personal injury claim or lawsuit. An attorney who specializes in personal injury law can help gather the necessary documentation and tell your story so you can seek compensation from the responsible party. A qualified personal injury attorney will help ensure that you receive fair restitution for your damages and will guide you through the often-complicated legal process of your claim.
Personal injury cases are governed by a set of laws in Ohio that can affect the outcome of your case. David Bressman is a personal injury attorney in Ohio who understands the intricacies of these laws and has extensive experience helping injured individuals win maximum compensation for their losses.
Ohio Personal Injury Law
Consider the following statutes when making a personal injury claim in the state of Ohio.
- Time limits: All states place limits on the amount of time that can pass before a lawsuit can be filed in civil court. These limits are known as statutes of limitation. In Ohio for personal injury cases, the statute of limitations is two years from the date of the accident or injury (based on Ohio Rev. Code Ann. section 2305.10.). It’s important that you are cognizant of and adhere to all deadlines associated with your case throughout the legal process. If you file your personal injury case after the two-year statute of limitations expires, it is likely that the courts will refuse to hear it. You may sacrifice the ability to seek compensation for injuries and financial damages.
- Modified comparative negligence: Because Ohio enforces this type of negligence law, it is important for you to understand that your own actions can impact the outcome of your case. For example, if you were intoxicated or otherwise negligent at the time of your accident, you could be found partially or fully liable for the accident, even if it occurred on someone else’s property. The extent to which you can collect on financial losses and/or pain and suffering is directly related to what percentage of fault is determined to be yours. If you are found to be 25 percent at fault for the accident, you will be able to recover up to 75 percent of the damages. If you are found to be more than 50 percent at fault for the accident, you are unable to collect any damages from the other party. In other words, you can’t be more than half responsible for the actions and occurrences leading up to your injury, or you will not have a viable personal injury case. Your attorney can help defend you against any perceived fault and can help build a case against the responsible party.
- Maximums on injury cases: Ohio has implemented limits on the types of damages and the maximum dollar amounts that individuals can collect in personal injury cases. For non-financial losses, such as pain and suffering, the dollar amount a court can award to a victim is capped at $250,000, or three times the amount of financial damages (whichever is greater with a total maximum of $350,000). This is upheld in most non-catastrophic cases.
Consult your attorney to determine what might be a fair and reasonable amount to seek in compensation for your specific case.
David Bressman is Available to Help You
If you’ve been injured due to the negligence or wrongdoing of another person in the state of Ohio, David Bressman can help you. Bressman Law specializes in personal injury and premises liability cases and can help obtain the compensation you deserve. Contact David Bressman to review your case. Call 877-538-1116 to schedule a consultation.