What are the Ohio Personal Injury Laws?

When you suffer an injury in Ohio, there are specific laws that govern how you get compensation. From automobile accidents to slip and fall accidents, Ohio laws protect you from personal injury. In this article, we’ll explore everything you need to know about Ohio personal injury laws to help you understand your rights and responsibilities.

What is Personal Injury?

Personal injury is a type of legal dispute that arises when a person gets injured due to the negligence or intentional actions of another person. Personal injury law covers a wide range of incidents, including car accidents, slip and fall accidents, medical malpractice, wrongful death, and product liability claims. Personal injury cases typically involve financial compensation for the victim or their family.

Statute of Limitations

The statute of limitations is essentially a legal deadline that sets a time limit for filing a lawsuit against an individual or organization. In Ohio, the statute of limitations for personal injury cases is two years, which means you have two years from the date of your accident to file a lawsuit. If you fail to file your case within the two-year deadline, you will be barred from seeking compensation for your injuries.

Comparative Negligence

Ohio has a comparative negligence law, meaning both parties involved in a personal injury case can be assigned a percentage of fault. In other words, if the victim is partially responsible for the accident (e.g., they weren’t wearing a seatbelt in a car accident), their compensation may be reduced by the percentage of fault assigned to them. For instance, if the victim is given 10% of the fault, their compensation will be reduced by 10%.

Damages

In Ohio, there are two main types of damages available in personal injury cases: economic and non-economic damages.

Economic Damages

Economic damages refer to actual monetary costs that arise from the injury, such as medical bills, lost wages, and property damage. These damages are relatively easy to quantify and are typically awarded in full.

Non-Economic Damages

Non-economic damages refer to subjective costs that arise from the injury, such as pain and suffering, loss of enjoyment of life, and emotional distress. These damages are more difficult to quantify and are often subject to negotiation.

Cap on Damages

Ohio places a cap on non-economic damages in medical malpractice cases, meaning there is a maximum amount of compensation you can receive for non-economic damages. As of 2021, the cap on non-economic damages in Ohio is $250,000 or three times the economic damages (whichever is greater).

Workers’ Compensation

Ohio has a no-fault workers’ compensation system that provides benefits to injured workers regardless of who is responsible for the injury. However, in some cases, an injured worker may be able to file a third-party lawsuit in addition to their workers’ compensation claim.

Conclusion

Ohio personal injury laws are complicated, and navigating them can be stressful and time-consuming. Working with an experienced personal injury attorney can help ensure that you understand your legal rights and responsibilities and can help you get the compensation you deserve. Whether you’ve suffered an injury due to a car accident, slip and fall, medical malpractice, or some other form of harm, a personal injury attorney can help you fight for justice and fair compensation.

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