If you are injured while on the job, in an auto accident, through a slip and fall incident, or by another incident in Ohio, financial compensation is available. By filing a personal injury claim, Ohio residents can get the assistance needed to make up for lost wages, cover medical costs, and pay for pain and suffering.
Statute of Limitations
In Ohio, you must file a personal injury claim within a statute of limitations of TWO YEARS. In other words, you have two years from the date of the accident to file your claim. It is important to file your claim within this window of time, or the Ohio court system will most likely refuse to hear your case.
Motor Vehicle Insurance and OH
Ohio is a fault auto insurance state, which means that if you are injured in a car accident, you can file a personal injury claim against the other driver. You are also free to file a claim under your own insurance coverage, if you prefer.
Who is at Fault for an Accident in Ohio
Ohio uses a “modified comparative negligence rule” when determining who is at fault in a personal injury claim. This means that the amount in damages you can get from a claim is directly reduced by the percentage that you are found responsible for the incident. Additionally, if you share over 50% of the claim, you are not entitled to any compensation for your claim. EXAMPLE:
Sean Watkins was working as a line cook at a restaurant in Cleveland when he slipped and fell on a grease spill, spraining his ankle. He filed a personal injury claim against the restaurant for medical bills and lost wages. Sean was not wearing slip resistant shoes, which is a policy at the restaurant, so the judge ruled that he was 50% at fault. Since he wasn’t found over 50% at fault, he could still receive damages. The court awarded Sean a $5,000 settlement, which was reduced to $2,500 due to his shared fault.
A Previous Ohio Personal Injury Claim
According to Your Ohio Legal Help, in 2013 a guest at a Beavercreek, Ohio restaurant slipped and fell in a clear liquid and landed on hard tiles on the restaurant floor. She suffered injuries to her head, shoulders, wrists, hips, and knees and required a visit to the emergency room. After filing a personal injury claim against the restaurant, the court ruled that the establishment failed to keep the premises safe for patrons by warning them of hazardous conditions. The woman was awarded $110,000 in compensation.
Damage Caps in Ohio
Ohio has placed certain limits on the amount of damages you can collect from a personal injury claim. Compensation for a personal injury in OH can be either:
- Non-economic, such as money awarded for pain and suffering
- Economic, such as lost wages and medical bills
- Punitive, which is money for the claimant that is not tied to a specific loss
In most cases, non-economic damages are capped at $250,000, or three times the amount of economic damages, whichever is greater. The whole amount cannot exceed $350,000. Punitive damages cannot be greater than twice the amount of the economic damages.
Filing a Personal Injury Claim in Ohio
If you have suffered a personal injury due to the actions of another party, such as an injury from a slip and fall incident or a car accident, you should consult with a Ohio personal injury attorney to discuss how to recover any losses you may have incurred. Your Ohio personal injury attorney can take your case to court before a judge and jury, work with you to help establish fault, and assist you in understanding exactly what damages you should seek compensation for in addition to helping you understand the monetary amount of any damages you may be entitled to.