
If you have been in an accident that occurred because of another party’s negligent or wrongful conduct, you have rights. Ohio law recognizes that you shouldn’t have to pay for the medical costs of treating your injuries or miss out on lost wages because you’re too hurt to go to work. By filing a personal injury claim, you have a chance to recover the losses you sustained.
To have the best chance of succeeding, however, you need to understand your rights and receive qualified help from a personal injury lawyer. Here’s what you need to know as an injury victim in Ohio.
Understanding the Basics of Ohio Personal Injury Law
Personal injury law refers to the legal rules that protect people who have suffered injuries as a result of negligence or intentional misconduct. Usually, personal injury law works with the legal theory of negligence.
To be able to file a personal injury claim against another party, you’ll have to meet a few key requirements. First, you have to show that the other party owed you a duty of care. If you were in a car accident because the other driver was intoxicated, for example, it’s assumed that the other party owed you a responsibility to drive safely and lawfully.
You then have to show that the other party breached their duty of care. In the case of an accident with a drunk driver, the person being intoxicated is the breach.
The next step is demonstrating that their conduct directly resulted in injuries for which you can be compensated. If you broke your wrist in the collision, then you suffered losses. If you only scratched your arm and needed no medical assistance, then you likely can’t file a claim.
Your Right to Get Compensation
In Ohio, if you can demonstrate that the other party was negligent, you have the right to get compensation. Having a personal injury attorney by your side is then essential because you will be dealing with insurance companies that may try many tactics to pay you less than you deserve.
State law allows you to pursue both economic and non-economic damages. Economic damages compensate you for medical expenses, lost wages, and other financial losses you experienced.
On the other hand, non-economic damages compensate you for losses that aren’t as easy to quantify. These include loss of enjoyment of life, pain and suffering, and loss of companionship and support if the accident resulted in the wrongful death of a loved one.
If insurers dispute the claim or refuse to negotiate fairly, you have the right to take your claim to court. With a personal injury attorney helping you, you can present your case in front of a judge effectively.
Ohio’s Statutes of Limitations
As an injury victim, it’s also important to know your rights when it comes to the statute of limitations. In Ohio, most personal injury claims need to be filed within two years of the accident that caused your injuries. If you don’t do so, your claim can be thrown out.
Keep in mind, however, that in certain instances, you may not discover you suffered an injury until later. If that’s the case, you may still have the right to file a claim. The statute of limitations would then start running from the moment you discovered the injury.
Consulting a Personal Injury Lawyer Is Crucial
Personal injury laws work to protect your rights after being in an accident that someone else’s negligence caused. At Schiff & Associates, our personal injury attorneys are dedicated to making the process of filing a claim as stress-free as possible. We handle the legalities while you focus on recovering.
Don’t wait to pursue the justice and compensation you deserve after an accident. Call us to schedule a free consultation today.