Our Columbus personal injury lawyers answer many questions about injury and accident claims. It is helpful to understand the answers to the most frequently asked questions about personal injury claims. Keep reading to learn what you need to know about personal injury cases in Ohio.
What Are the Most Common Personal Injury Cases in Columbus, OH?
Personal injury claims can arise from numerous incidents.
Situations that give rise to a personal injury case include, but are not limited to:
- Car accidents
- Product liability claims
- Slip and fall accidents
- Bicycle and pedestrian accidents
- Medical malpractice
- Premises liability claims
- Construction accidents
- Truck accidents
- Wrongful death
- Nursing home abuse
- Motorcycle accidents
- Dog bites and animal attacks
- Workplace accidents
If you are injured, seek immediate medical attention. Delays in medical care could hurt your case. Document the accident scene by taking photographs and asking eyewitnesses for their contact information.
How Do I Prove Liability for an Ohio Personal Injury Claim?
Many personal injury cases are negligence-based claims.
The legal criteria for a negligence-based personal injury claim:
- The party who caused your injuries owed you a legal duty of care
- The party failed to meet the required standard of care, which resulted in a breach of duty
- The party’s actions were a proximate and direct cause of your injuries
- You incurred losses, injuries, and other damages because of the party’s actions
You must have evidence proving your case by a preponderance of the evidence. The jury must believe there is a greater chance than not that the other party caused your injuries.
Personal injury cases may also arise because of intentional torts, such as assaults and other violent acts. Some cases may be based on strict liability, such as product liability claims. A Columbus personal injury lawyer can review your case to determine the basis for seeking compensation for damages.
What Damages Can I Receive for an Ohio Personal Injury Case?
Damages are the remedy the law provides when another party causes your injuries. Compensatory damages are divided into two categories:
Economic Damages
Economic damages reimburse you for your financial losses, including:
- Medical bills
- Property damage
- Lost wages and benefits
- Out-of-pocket expenses
- Rehabilitative therapies
- Personal and/or nursing care
- Decrease in earning capacity
The total of all monetary losses is the value of your economic damages. Document your damages by keeping careful records and copies of all bills, invoices, and receipts for expenses.
Non-Economic Damages
Non-economic damages represent your pain and suffering and include:
- Emotional distress
- Physical discomfort
- Mental anguish
- Diminished quality of life
- Impairments and disabilities
- Loss of enjoyment of life
- Scarring and disfigurement
Valuing non-economic damages can be more difficult. Keeping a pain and suffering journal documenting your recovery can help prove the extent of your suffering.
Punitive Damages
Punitive damages are not awarded to compensate you for your losses. Instead, the jury awards punitive damages because of the at-fault party’s wrongdoing. The jury must find that the party acted with malice, egregious fraud, or intentional acts.
Punitive damages are only awarded in a small number of personal injury lawsuits. Our lawyers assess your case to determine if the facts support an award for punitive damages.
Can I Recover Compensation if I’m Partly to Blame for Causing My Accident?
Ohio’s comparative fault statute bars recovery of damages if the injured party’s fault for causing the accident is 51% or higher. Therefore, if a jury decides you are 55% to blame for a car crash, you will not receive compensation for your injuries and damages.
However, if your fault is less than 51 percent, you can receive a portion of your damages. The amount you receive is based on your level of fault. For example, if you are 25% to blame for a car accident, a judge reduces your damages award by that amount. Instead of receiving the entire damages award, you will receive 75 percent.
Insurance companies use comparative fault to undervalue claims. Even if you are not at fault, an insurance adjuster may use something you say to blame you for causing your injuries. It is best to allow your Columbus personal injury attorney to handle the communications with the insurance company.
How Can a Columbus Personal Injury Lawyer Help Me With My Claim?
Personal injury claims can be complicated. Hiring a personal injury lawyer benefits you in several ways.
An attorney handles all aspects of your case, including:
- Conducting an independent investigation to gather evidence
- Identifying the responsible parties
- Review your legal options and explain how personal injury laws apply to your case
- Verifying insurance coverage and filing insurance claims
- Working with expert witnesses, including accident reconstructionists, medical specialists, financial professionals, and other experts
- Documenting damages and assessing the value of your damages
- Defend you against accusations of contributory fault
- Aggressively negotiating a settlement based on the value of your damages
- File a lawsuit and pursue a case in court if that is necessary to protect your best interests
Insurance companies have lawyers, adjusters, and other professionals to protect them from liability. Hiring personal injury attorneys levels the playing field by giving you a team of attorneys with the resources and skills to fight the insurance company.
How Much Does It Cost to Hire a Personal Injury Lawyer in Columbus, OH?
Most personal injury law firms take cases based on a contingency fee. A contingency fee does not require you to pay any money upfront to hire a lawyer. Instead, the attorney’s fee is based on a percentage of what the attorney recovers for your case. The attorney does not get paid unless they win your case.
What Is the Deadline for Filing a Personal Injury Lawsuit in Ohio?
A statute of limitations sets a deadline for filing a personal injury lawsuit. The Ohio statute of limitations for most personal injury cases is two years from the injury date. If you file your lawsuit after the deadline expires, the court can dismiss your case.
Seeking legal advice promptly after an accident or personal injury is in your best interest. Exceptions to the statute of limitations could change the time you have to file a personal injury lawsuit. Waiting to contact an attorney could result in losing your legal right to file a lawsuit.
Contact Us for a Free Consultation With a Columbus Personal Injury Lawyer
You deserve compensation for the injuries and damages caused by another party. Our attorneys at Mani Ellis & Layne Accident & Injury Lawyers will fight for a fair settlement or verdict for your case. Contact us now or call at (614) 587 8423 for a free case evaluation with a Columbus personal injury attorney.
