For over 100 years, Graham Law’s personal injury attorneys have provided valuable legal assistance to residents of Southeastern Ohio with regards to personal injury claims. We have experience in handling all types of personal injury claims and our attorneys take the responsibility of getting our clients the compensation they deserve seriously.
With an office in both Zanesville and Cambridge, Ohio, we are proud of our local roots in the community. Thanks to virtual technology, we can now provide valuable legal assistance to individuals, regardless of where you reside in Ohio. Contact our personal injury attorneys today for a free consultation and let us put our experience to work for you.
Types of Compensation Available for Personal Injury Claims in Ohio
The Ohio Revised Code (ORC) outlines the framework for damages awarded in personal injury claims in the Sate of Ohio. While there are some exceptions or limitations, here is a general overview on the types of compensation available:
Compensatory Damages: Compensatory damages are intended to compensate you for losses that are distinguished between 2 categories:
- Economic loss: This can cover things like medical expenses, lost wages, rehabilitation expenses and other quantifiable losses. For example, recoverable expenses may include things like lost wages due to missed work time because of your injury, reduced earning capacity due to your injuries or even the costs of X-rays, hospital stays, prescription medications and other out-of-pocket expenses.
- Non-economic loss: This can cover things like pain and suffering, emotional distress, loss of consortium and disfigurement.
Punitive Damages: These are generally awarded in rare cases to punish the defendant for egregious conduct.
What Is Considered a Catastrophic Injury?
Ohio courts have considered the term “catastrophic injury” through case law and legal interpretations for what constitutes a catastrophic injury in personal injury lawsuits. While there is no single definition, the courts focus on the permanence and severity of the injury. Some possible factors that are taken into consideration include things like:
- Permanent and substantial physical deformity that extends to things like severe scarring, loss of limbs or disfigurement
- Loss or significant impairment of a bodily function or system and extends to things like vision, hearing, mobility or cognitive abilities
- Inability to perform activities of daily living (ADLs) without assistance and extends to things like bathing, dressing, eating or using a restroom.
- Substantial and ongoing medical needs that extends to surgeries, long-term therapies or permanent dependence on medical equipment.
At Graham Law, our personal injury attorneys have handled numerous catastrophic injury claims since our firm’s inception. These types of claims are typically more complex and take longer to settle. They’re also accompanied by a lot of emotional frustration and stress because catastrophic injuries have a major impact on the quality of your life. Our attorneys understand the importance of building a strong case for our clients and will work with vocational experts, medical rehab experts to help our clients get set up for success immediately and for the long run. Our legal team will build a strong case using not only experts but also medical visuals and diagnostic imaging to help illustrate the extent of the injuries and how it will impact the overall quality of your life. Contact our law firm for a free consultation if you need legal help in this regard.
Ohio’s Statute of Limitations for Personal Injury Claims
The ORC Section 2305.10 (A) states that “an action based on a product liability claim and an action for bodily injury or injuring personal property shall be brought within two years after the cause of action accrues.” To avoid losing your right to compensation, it is important to file a claim as soon as possible after an accident. This may give you and your legal representatives enough time to build a strong case. In Ohio, a personal injury case can take anywhere from 9 months to a few years to settle depending on how complex the case is with regards to liability, injuries and more. So the earlier you file your claim, the better. And this is something our personal injury attorneys can assist with.
Understanding Negligence in Personal Injury Claims
While the ORC doesn’t provide a specific definition for negligence, negligence in personal injury lawsuits is a concept that has been established through caselaw in Ohio. Negligence is determined based on four elements that the plaintiff (injured party) must provide by a preponderance of the evidence. These include:
- Whether the defendant owed a duty of care to act in a reasonable way to avoid causing harm to the plaintiff and the duty of care can vary depending on the circumstances
- Whether the defendant failed to act in a reasonable way and their actions or inaction caused the accident. This is referred to as a breach of duty.
- Whether the defendant’s breach of duty directly caused the plaintiff’s injury. This is referred to as causation.
- Whether the plaintiff suffered harm (economic/non-economic) as result of the injury. This is referred to as damages.
Understanding Comparative Negligence in Ohio
Comparative negligence in Ohio means there is a percentage of fault assigned to each party involved in an accident. This is sometimes referred to as “shared fault” and is a commonly used defense tactic used by insurance companies from the moment a claim gets initiated, where a percentage of fault is allocated to either the plaintiff or someone else. This percentage may inform the amount of compensation awarded. For example, if you sustained an injury in a car accident but were speeding, you may share some blame for what happened. If a jury determines that your actions were 25% responsible for the incident, 25% may be deducted from the total compensation. However, if your level of responsibility exceeds 50%, then you may not be able to recover any compensation at all. When identifying which party should assume liability after an Ohio car accident occurs, a personal injury attorney can play an important role for the courts and insurance companies when reaching conclusions about the fault of the drivers involved.
It’s important to note that just because a law enforcement officer may say you are at fault in the accident, doesn’t necessarily mean that you were at fault. We’ve had many cases where the law enforcement got it wrong and this was determined after we used accident reconstruction experts to demonstrate that our client was not at fault or had diminished fault in an accident. Another benefit of hiring a personal injury attorney is to help ensure that negligence is accurately proven.
Contact Our Personal Injury Attorneys
A personal injury attorney can help protect you against common errors in the insurance claims process, such as settling too soon for little money or making improper admissions of fault. Our personal injury attorneys are dedicated to helping you navigate your injury claim with insurance companies and pursue meaningful compensation on your behalf. Personal injury law can be a complicated area of law but that doesn’t mean you have to go through this alone. Contact our personal injury attorneys for legal help today.
