We are all required to use a certain degree of care in our day-to-day lives. Unfortunately, even those of us who do our best to ensure the safety of those around us could end up being injured in an accident as a result of someone else’s negligence. Although it is possible to hold negligent parties accountable for their actions, doing so can be difficult. If you have been injured in an accident through no fault of your own, speak with experienced Toledo personal injury attorneys who can walk you through your legal options.
Those who are injured in accidents in Ohio often have standing to file a legal claim against the at-fault entity or person whose negligent or reckless conduct caused their injuries. There are a few types of accidents that are notorious for causing the most injuries amongst accident victims, including:
Plaintiffs who can successfully prove that a defendant’s negligence caused or contributed to one of these types of accidents could be entitled to damages compensating them for related medical bills, lost wages, property damage, and pain and suffering.
Ohio, like the rest of the nation, gives plaintiffs a certain amount of time in which they are permitted to file a negligence-based claim in the civil court system. In most cases, the statute of limitations for filing a personal injury claim in Ohio is two years from the date of the accident in question, except medical negligence claims, which have a one-year statute of limitations. Plaintiffs who fail to file before this deadline could find their claims barred by the court.
Fortunately, just because a plaintiff contributes in some way to his or her accident does not mean that that individual will be barred from recovery. In fact, under Ohio’s modified comparative negligence rule, an injured party can still recover for an accident as long as he or she is no more than 50% at fault. If, however, a person is found to exceed this threshold, he or she will be barred from recovery. Otherwise, the plaintiff’s award will simply be reduced in an amount that is equal to his or her percentage of fault in causing the accident.
When it comes to collecting compensation after an accident, Ohio plaintiffs face a few limitations. For instance, in most non-catastrophic injury cases, plaintiffs are not permitted to collect more than $250,000, or three times the amount of economic damages in non-economic damages, such as pain and suffering. Similarly, punitive damages, which are awarded to punish defendants for particularly egregious conduct cannot exceed twice the amount of the economic damages awarded in a case.
To speak with an experienced Toledo injury lawyer about your own legal options following an accident, please contact Lafferty, Gallagher & Scott, LLC today.
All of our partners are AV Peer Review Rated* through Martindale-Hubbell. Out-of-state referrals are welcome for all
areas of practice we handle, including personal injury, workers’ compensation and insurance claims issues.