Toledo Accident Attorney
Although car crashes are among the most commonly occurring accidents in Ohio, they are unfortunately not the only kinds of accidents usually caused by at least one person’s negligence. In fact, thousands of people are also injured every year by defective consumer products, dangerous medications, medical errors, such as misdiagnosis, workplace accidents, and animal attacks. Fortunately, those who are injured in these types of accidents can collect compensation for their losses by filing a personal injury claim against the at-fault party, so if you were injured in an accident that was not your fault, please contact one of our experienced Toledo accident lawyers for a free evaluation of your case.
What is a Personal Injury Claim?
Personal injury claims are lawsuits filed by those who sustained injuries as a result of the wrongful, negligent, or reckless actions of another person or company. In some cases, government agencies can even be held responsible for any part they played in a person’s accident. However, before a plaintiff can recover damages, he or she will first need to prove that the defendant was negligent, which requires evidence demonstrating that:
- The defendant owed the plaintiff a duty of care;
- The defendant breached his or her duty towards the plaintiff; and
- The plaintiff sustained an injury as a result of the defendant’s breach.
Once these elements have been established to the satisfaction of a judge or jury, the injured party can recover damages compensating him or her for accident-related losses, such as medical bills, lost wages, property damage, and pain and suffering.
Is it Possible to Recover Damages if the Injured Party was Partly Responsible?
It is not uncommon for an accident to involve the negligent or reckless conduct of multiple parties, so it is fortunate that Ohio adheres to the legal theory of comparative negligence. Under this rule, plaintiffs who somehow contributed to their own accidents can still collect compensation for their losses, although the amount they receive will be reduced by their own percentage of fault. The only limitation to this rule is for those whose actions were more than 50 percent responsible for an accident. In these cases, the injured party will be barred from recovery.
How Long do Injured Parties Have to File a Claim?
In Ohio, the statute of limitations for filing a personal injury claim can be as little as one year from the date of the accident. Injured parties who fail to officially file a lawsuit against all responsible parties within the applicable time limit will most likely have their case barred by the court. These are not the only important filing deadlines in Ohio, so if you were injured in an accident, it is important to speak with an attorney who can ensure that your claim is filed correctly and on time.
Contact an Experienced Toledo Accident Attorney Today
Please contact the dedicated Toledo accident attorneys at Lafferty, Gallagher & Scott, LLC by calling 419-241-5500. Initial consultations are conducted free of charge, so please don’t hesitate to call or contact us online today.