If you’ve sustained a personal injury in the state of Ohio, you may want to file a personal injury lawsuit. Keep reading and see what options you have.
There are several types of personal injuries that, if caused by another party’s negligence, qualify for personal injury lawsuits. These cases don’t just cover injury to a person’s body. A lawsuit can also be made against someone who has damaged your personal property.
We’ll talk about how personal injury lawsuits are a process of determining fault. Once fault is determined, an injured party may receive financial compensation.
This article examines shared fault laws in Ohio, and how your contribution to a personal injury may affect your right to collect.
Types of Personal Injuries
Here are a few of the many types of personal injuries that may qualify for a law suit:
- Medical malpractice
- Motorcycle, trucking and automobile accidents
- Dog bites
- Nursing home abuse
- Sexual abuse
- Wrongful death
This list isn’t exhaustive, but it covers some of the most common personal injury cases. If you, or someone you know, has suffered any kind of harm or mental duress as the result of someone else’s actions, you may qualify for a personal injury lawsuit. The best thing you can do is speak to an attorney and tell them what happened to you.
In order to receive compensation from a personal injury, your lawsuit must prove the other party to be at fault for your injury.
For example, if you slip and fall on an unsafe floor while at work, your case needs to prove that your employer was negligent. You must show that they did not provide you with a safe working environment, and that’s why you got hurt.
In the eyes of the law, in order to prove someone is at fault you must establish:
- The party (or parties) had an obligation to keep you safe from harm, but they did not meet this responsibility.
- This party’s actions (or inability to act) resulted in your injuries.
- The damages you incurred as a result of the injury or accident. These can include medical bills, loss of wages and/or pain and suffering.
Ohio Laws on Shared Fault
In the state of Ohio, the person suffering an accident may have shared fault in the incident. The degree of negligence that the injured party is responsible for directly influences the amount of compensation they are entitled to.
Let’s take a look at what happens in an Ohio auto accident. If a vehicle is struck by another car and the driver is injured, they can seek out damages as the result of their injury. There will be a lawsuit and civil trial where the jury determines the fault of the accident.
If it’s decided that accident was in no way caused by the person filing the suit, than that person can receive full restitution for their injuries. However, if the plaintiff is found to be 10% at fault, and the defendant 90%, than the plaintiff will receive 10% less in their overall compensation.
Furthermore, if the person filing a personal injury lawsuit is found to be 50% or more responsible for the accident, Ohio law does not entitle them to any compensation.
For more information on how shared fault laws work, consult these statutes. It can be confusing waters to navigate. Having a professional personal injury attorney on your side can help you prove the other parties fault and diminish your share of negligence.
What Personal Injury Compensation You May Be Eligible For
After winning or successfully settling a personal injury lawsuit, you may be entitled to several types of compensation. Here are just a few of the things that personal injury lawsuits seek restitution for:
- Medical bills and expenses resulting from the accident or injury
- Repair or replacement of property damaged or destroyed in the incident (ie your car)
- Lost wages from the inability to work (even if you received worker’s compensation)
- Emotional stress and mental damage resulting from the incident
- Living costs associate with or as a direct result from the injury (in-home medical care, house cleaning, etc.)
Your personal injury attorney can help you determine all of the expenses that are eligible to be included in your lawsuit.
Statutes of Limitation in Ohio
If you plan on filing a lawsuit, it’s in your best interest to act fast. There are limits as to when you can file. Here are Ohio’s Statute of Limitations on personal injury related suits:
- Two years for personal injury.
- Two years for wrongful death.
- One year for medical malpractice.
- Two years for property damage.
- Six years for injuries/damages as a result of oral contracts.
- Eight years for injuries/damages as a result of written contracts.
- Four years for general fraud in general.
- Five years for identity fraud.
Ask us and we can go over the full list of Ohio Statutes of Limitations with you.