Agee Clymer Mitchell & Portman Law will file a personal injury lawsuit for a person who is injured due to the negligence of someone else. It can be the result of a variety of actions or conduct.
Did you suffer injuries because someone else acted negligently or recklessly?
This is the most basic question you must answer in order to know if you have grounds for filing a personal injury lawsuit in Ohio. How serious the injuries are and the degree to which you contributed to causing the injury will also matter.
In summary, you must be able to show each of the following facts if you want to succeed with a personal injury claim”
If you can show that you also experienced physical pain and emotional distress, you can seek compensation for those noneconomic damages in addition to asking the responsible party to compensate you for past and ongoing medical expense, lost wages, and loss of future earnings from work. Importantly, the grounds for a personal injury claim are also the grounds for a wrongful death claim.
Of course, the allegedly negligent or reckless party can contest each of the listed facts. Partnering with an experienced attorney will make it easier to collect, organize, and present the evidence needed to establish fault and to document the losses that merit compensation.
Before listing categories of personal injury cases, it is worth sharing brief definitions of negligence and recklessness.
The Legal Information Institute (LII) at Cornell University states that negligence is “a failure to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances.” An example of this would be a driver running a red light or a surgeon failing to confirm that the left knee, not the right, required repair.
The LII also explains that negligence can “consist of omissions when there is some duty to act.” An example of this would be a store manager failing to warn shoppers of a wet floor and also not fixing or replacing the leaking refrigeration unit that is creating the dangerous situation.
Recklessness has no precise legal definition. It is generally understood to describe actions that are taken without regard to the harm other people may suffer. The classic example of reckless behavior for personal injury lawyers in Ohio is driving under the influence of alcohol or drugs.
Personal injury cases generally fall into the following categories:
The goal of a personal injury action is to determine who was responsible, hold them accountable, and then compel the responsible party to compensate the injured person for the losses sustained. If you delay hiring an attorney, it could harm your chances of getting the compensation you deserve.
In Ohio, the legal definition of a motor vehicle accident (car accident) is when any road vehicle collides with another object, such as a pedestrian, road debris, or another vehicle. If another driver is at fault, and you suffered injuries or property damages, you may be eligible for compensatory damages from the driver. In most situations, you should consult with a personal injury attorney before pursuing your personal injury case. Most people are not prepared to face insurance companies and their legal teams, who are experts at minimizing insurance payouts to wronged parties.
While trucking accidents are a subset of motor vehicle accidents, Ohio has laws that are unique to semi-trucks and other commercial vehicles. An accident involving a truck is more complicated than a normal car accident, and legal action in a personal injury case can include multi-party liability, filing a lawsuit against a company instead of an individual, and potentially criminal charges. You need an experienced personal injury attorney like the personal injury attorneys of Agee Clymer Mitchell and Portman to represent you in your Ohio personal injury case, or you risk losing out on a fair settlement.
In regard to dog bites, Ohio is a “strict liability” state. This means that the dog’s owner is responsible for any damages caused by the dog, even if the dog does not have a history of aggressive behavior or even if the owner tried to prevent the dog from hurting anyone. In Ohio, the injured party must still prove to have not trespassed or teased, tormented, or tortured the dog on the dog owner’s property.
The death of a loved one is an incredibly difficult, emotional experience. An unnecessary death is even more tragic. While no monetary amount can replace a loved one, Ohio wrongful death laws recognize the emotional and financial hardship of an unexpected and wrongful death in the family. According to Ohio laws, a wrongful death occurs when a person dies as the result of a wrongful act, neglect, or default. An individual who files on behalf of the deceased is called the personal representative of the decedent. Compensation is split between the beneficiaries of the deceased. The laws regarding wrongful deaths in Ohio are difficult to navigate.
Traumatic brain injuries fall under three classifications: mild, moderate, and severe. Insurance companies will try and classify your TBI as mild, even if it should be moderate or severe, in an attempt to minimize their financial responsibility. A TBI attorney can help you get the compensation you need. If your injury was caused by the negligent, reckless, or intentional act of someone else, a personal injury attorney can help you recover damages to cover your losses. Compensation usually covers one or more of the following: medical expenses, lost wages and loss of future earning capacity, pain and suffering, loss of consortium, and punitive damages.
Back injuries include a range of injuries, including strains and spinal cord injuries. Damages usually include medical expenses and lost income, but can also include compensation for pain and suffering, emotional distress, and loss of consortium.
A subset of back injuries, a spinal cord injury is when damage to the spinal cord is severe enough to cause full or partial loss of sensation and motor control. The two most common causes for spinal cord injuries are motor vehicle accidents and falls. Compensation in a spinal cord injury lawsuit usually includes medical expenses, pain and suffering, ongoing healthcare and rehabilitation, the cost of medical or assistive devices like wheelchairs, and home modifications like access ramps. The legal and medical issues involved with this kind of personal injury lawsuit are difficult, so if you or a loved one has suffered a spinal cord injury, you need to contact an personal injury attorney in Columbus, Ohio who specializes in spinal cord injury litigation.
Children have the same legal rights as adults in regard to personal injury cases in Columbus Ohio. The parent also has the right to compensation for medical bills paid on behalf of the child.
There Is a Strict Statute of Limitations
State law imposes a two-year statute of limitations on nearly all personal injury claims. The deadline to take legal action falls on the second anniversary of the day on which the injury occurred. Missing the deadline means forfeiting the ability to either negotiate a settlement with an insurance company or take the responsible party to court. Any questions about when the statute of limitations clock for a particular case starts ticking can be referred to an experienced Ohio personal injury attorney.
Workers’ Compensation May Be the Better Option
Ohio, like pretty much every other state, makes it practically impossible for an employee to sue their employer after suffering a work-related injury. Grounds for what is called a third-party lawsuit may exist against an at-fault driver or the maker of a defective tool, but injuries on the job are best handled by applying for workers’ comp benefits.
A Finding of Reckless Behavior Can Entitle the Injured Victim to Punitive Damages
Punitive damages are also called exemplary damages because they are assessed to both punish recklessness and to serve as an example of the consequences for behaving without thinking about how other people could be hurt. Securing punitive damages in Ohio requires taking the person or organization that caused the injury to court for a jury trial.
If you have suffered any of these injuries, the personal injury attorneys of Agee Clymer Mitchell and Portman urge you to contact us today for a free consultation. We have the experience necessary to represent you against insurance companies and corporations who want to minimize their responsibility in your injury. Our Ohio personal injury lawyers will fight for you to gain the compensation you deserve.