Suppose you are a resident, worker, or visitor in the state of Ohio. In that case, it is a good idea to familiarize yourself with the personal injury laws relevant to the state itself. With this knowledge, incidents and accidents that cause either bodily injury or property damage can be easily navigated by the victim, and therefore better remedied by legal help.
In time, you or someone you know will probably be affected by Ohio personal injury laws. That’s why it’s critical you understand your rights and options surrounding personal injury laws in Ohio. At The VanNoy Firm, we do more than representing people who have been injured. We will guide you through the Ohio legal system and provide you with the resources you need to recover from your injury and receive the compensation you deserve.
Every state has laws defining the time limit that a person has to file a lawsuit in a civil court system for personal injury. There are different names for these parameters, but they are regarded as the Statute of Limitations in Ohio. The specifics can be found at Ohio Rev. Code Ann. Section 2305.10. In Ohio, the statute of personal injury limitations allows an injured person two years from the date of their injury to file a lawsuit against those responsible. If an injured person attempts to file a case outside of this timeframe, they will be refused a trial by the court.
The term that defines who is to blame for an accident or injury is a liability. When a person sues who they believe to be responsible for their damage, they claim that the opposing party holds entire liability. Sometimes, the opposing party argues that there is a shared responsibility for the harm that has occurred.
When this happens, the laws that come into play are applied on a case-by-case basis but frame what happens after liability is decided in court. The state of Ohio follows a “modified comparative negligence rule” that designates the amount of compensation that someone receives for their injuries is reduced by the percentage that they are at fault for the accident. If it is found that the person who is suing for personal injury is 50% or more at fault, they cannot collect anything from other at-fault parties. It is common in personal injury lawsuits that the adjuster, or those who adjust what will be received by the Plaintiff, will bring up comparative negligence during the settlement process.
In the case of a personal injury occurring due to the negligence of a government employee or agency of the government of Ohio, there are different parameters for obtaining compensation for a Plaintiff’s losses. Injury claims have a time limit of two years of the injury at the state’s Court of Claims.
Ohio’s cap on personal injury damages affects what happens after a Defendant has been determined liable by a jury. They define how much a Plaintiff can receive for bodily or property damage in a settlement. Ohio’s limits are in three categories: economic damages, non-economic damages, and punitive damages.
Not all states are as strict as Ohio is about liability for the personal injury lawsuits that involve dog bites or attacks. In Ohio, Ohio Rev. Code Ann. § 955.28 declares, “The owner, keeper, or harborer of a dog is liable in damages for any injury, death, or loss to person or property that is caused by the dog” that is, unless the injured person was trespassing, or committing another non-misdemeanor crime at the time of the incident. It is different from other states that protect owners the first time their dog bites or attacks someone else, qualifying that there is a possibility that the owner did not know that the dog could be dangerous.
The Ohio personal injury lawyers at The VanNoy Firm are here to help you determine the best legal solution for your unique situation. Contact us today to learn more about our practice.
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