If you have been injured due to the actions or inaction of another, it’s important to understand how to recover your losses. Ohio has personal injury laws in place to allow victims to recover financial compensation after an accident, if it can prove that the responsible party was negligent. These laws outline your rights, the appropriate steps to take, and types of compensation you may receive. Navigating these laws can be complex as you also try to focus on your recovery. A personal injury lawyer can help you seek fair compensation.
Types of Personal Injury Claims in Ohio
There are various types of personal injury claims in Ohio. Each type of claim has its own legal nuances to take into consideration.
Here are some of the most common types of personal injury claims:
Automobile Accidents
This type of claim covers car, truck, motorcycle, and pedestrian accidents. Injuries in automobile accidents can range from minor to severe, and in some cases may result in death.
Slip and Fall
If you slip and fall due to unsafe conditions on someone else’s property, you may be able to hold the owner liable. Property owners have a responsibility to keep and maintain a safe premises for guests.
Medical Malpractice
When your healthcare provider fails to meet the industry standard of care, resulting in your injury, this falls under medical malpractice. This can include surgical errors, medication errors, delayed or missed diagnoses, and improper treatment.
Product Liability
If you were injured due to a defective or faulty product, this falls under product liability. Responsible parties could include manufacturers, distributors, or retailers. These types of claims often include dangerous drugs, consumer goods, and faulty machinery.
Workplace Injuries
Typically, workplace injuries are covered under workers’ compensation, however there are some exceptions to this. If a third party was responsible or contributed to your accident, you may also be able to file a personal injury claim.
Wrongful Death
If an injury leads to death, the decedent’s family can pursue a wrongful death claim. This type of claim includes compensation for funeral expenses, lost income, and loss of companionship.
Knowing what type of claim your personal injury falls under can help you take the appropriate steps for seeking compensation under the law.
Calculating Damages in Ohio Personal Injury Cases
After an accident you may be left with medical bills, property damage and emotional trauma. Your personal injury lawyer will take several factors into consideration when calculating what damages should be included in your claim. The severity of your injuries can impact what amount you may be able to recover.
Here are some factors that are taken into consideration when determining the value of your claim.
- Medical Expenses: This includes all costs that are associated with your injury. From the emergency room visit and surgeries to ongoing treatment. You should keep copies of your bills and related expenses to include for calculation.
- Lost Wages: After an accident, your injury may prevent you from returning to work right away or in the same capacity. You will need to provide past pay stubs and the dates that you missed work. If your injury impacts your long-term ability to work, then you can also include your future earning capacity in your damages.
- Pain and Suffering: Injuries cause more than just physical harm, but can also cause emotional distress. The severity of your injury and its long-term impacts will influence the calculation of this type of damage.
- Property Damage: In automobile accidents, you may also be able to claim compensation for damage to your vehicle or property. This can not only include vehicle repairs, but also damage to personal property.
- Punitive Damages: In some cases that involve malicious intent or gross negligence may include punitive damages. This type of damage is used to punish the responsible party to discourage similar behavior in the future.
Ohio does follow a comparative negligence system. If it is determined that you were partially at fault for the accident, then your compensation will be reduced by your percentage of fault. It’s important to understand what factors are taken into consideration when calculating your damages to make sure that all of your losses are included.
The Role of Comparative Fault in Ohio Personal Injury Cases
Your personal injury lawyer can review your accident and advise if comparative fault will play a role in your claim. He or she will also be able to show you how this might impact your recoverable compensation.
Understanding Comparative Fault
Ohio follows a modified comparative fault rule. This means that if you are found to be partially at fault, your compensation will be reduced. Ohio has the 50% bar rule, which means that if you are found to be more than 50% or more at fault for the accident, you cannot recover damages.
Calculating Fault
Fault for an accident is usually determined by the court, although this can also be negotiated during a settlement agreement. The use of evidence, witness testimony, and expert analysis will be used to help determine the fault of each party. Once your percentage of fault has been determined, your compensation will be reduced by that percentage. For example, if you are awarded $100,000 in damages, but are 20% at fault for the accident, then your damages are reduced by the 20% resulting in $80,000 awarded amount.
Defense Strategies for the Comparative Fault
Your personal injury lawyer will be able to develop a defensive strategy if fault is disputed by the other party. Using evidence and witness testimonies, your lawyer will be able to counter these claims.
It is good to know if comparative fault will impact your injury claim after an accident. Your lawyer will be able to review your claim and set realistic expectations for compensation.
The Importance of Hiring a Personal Injury Attorney
Navigating the personal injury process can be complicated and time-consuming if you attempt it on your own. With a personal injury lawyer by your side, you can focus on your health, while your lawyer focuses on recovering fair compensation.
Your personal injury lawyer will:
- Give Legal Guidance: Your lawyer will have current knowledge of Ohio’s personal injury claims to advise of your best legal options. He or she will also make sure that your claim is filed within the required time limit.
- Calculate Damages: Your lawyer will see what types of damages apply in your personal injury claim and calculate them. If your injury lead to a permeant disability, this will also include your future expenses.
- Identify Liable Parties: Establishing fault is one of the most important aspects of your personal injury claim. Your lawyer will be able to provide proof using evidence and expert testimony to determine fault. He or she will also be able to use this evidence to counter any claims of your fault in the accident.
- Negotiate with Insurance Company: Insurance companies will often try to make lowball offers or find ways to avoid paying claims. Your lawyer will be able to negotiate on your behalf to ensure that all of your losses are represented in any settlement agreements.
- Handle Legal Matters: If your claim is not able to be resolved through a settlement agreement, then your personal injury lawyer will represent you in court. He or she will file all the necessary paperwork and make sure that your case progresses smoothly.
Having a personal injury lawyer representing you helps improve your changes of a favorable outcome and recovering compensation after an accident. Giving you support throughout the entire process so that you can recover and move on after being injured.
