Understanding Ohio Personal Injury Laws

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.

What is Ohio’s Statute of Limitations?

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.

Determining Who is “At Fault” for Personal Injury

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.

Personal Injury Claims Against the Government

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.

Limitations of Ohio Injury Damages

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.

• Economic Damages. Economic damage amounts are proved with medical bills, pay statements, and other documents that show your financial losses.
• Noneconomic Damages. These damages are often referred to in personal injury law as the pain and suffering that a Plaintiff has endured due to an accident. In non-catastrophic accidents in the state of Ohio, these non-economic damages are capped at $250,000 or three times the number of economic damages, whichever is greater, and has an overall cap of $350,000.
• Punitive Damage. Punitive damages are considered in Ohio when gross negligence is present. Although rare in personal injury cases, punitive damages can be distributed after exceedingly reckless or malicious behavior causes an injury. The limits to these damages are twice the number of economic damages in the state of Ohio.

Ohio’s Personal Injury Laws for Dog Bites and Attacks

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.

Resources for Those Affected by Ohio’s Personal Injury Laws

For a further, in-depth understanding of Ohio’s personal injury laws, Ohio provides their information online at Ohio Revised Code Chapter 2307: Civil Actions.

Speak with an Ohio Personal Injury Lawyer at The VanNoy Firm

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.