Ohio Has Caps Set on Claims Filed for Injuries
The Ohio Supreme Court has a few rules set and they will affect your settlement in the event one is awarded. As of right now, the cap for non-economic damages is set at $250,000, or three times the amount of economic damages you suffered from. Non-economic damages would include pain and suffering which is often hard to prove. Economic damages consist of accrued medical expenses, lost wages, costs for repairs, etc. The overall cap on this however, is set at $350,000 which means this is the maximum amount you can receive for this damage.
If you are filing for punitive damages, that award cannot exceed twice the amount of economic damages. Punitive damages are filed to punish the negligent individual or entity if your injury was caused by a company or on government property.
Understanding Accountability in an Ohio Accident
Ohio, unlike some states, follows what is known as a modified comparative negligence rule. This means that the courts are going to look into who was involved in the accident, and who played a role in causing it. If you had some sort of involvement with the cause of the accident, whether it is a car accident or construction site incident, you can be held accountable for some of the blame. The judge overseeing your case or the insurance company if you don’t take it that far, will determine the percentage of fault you carry. If you are under 50% at fault, this amount will be reduced from your settlement, however, if you are 50% or above, you risk not receiving anything from other at-fault parties.
You Are on a Time Constraint to File a Claim for Your Accident
If you haven’t begun the claims process or haven’t initiated a lawsuit, allow an accident attorney in Ohio featured right here on our site to help you do so quickly and accordingly. It is important to keep in mind that you are restricted to a timeframe in which your claim needs to be filed. If you have sustained injuries or a loved one of yours has suffered in an accident caused by a reckless person, you have two years from the date of the accident to file a lawsuit or claim.
We often don’t realize it, but time flies and you don’t want too much to pass in the event you have incurred high medical bills along with lost wages as you weren’t able to work as result of this accident. USAttorneys is only a phone call away and will gladly assist you in finding the best Ohio accident lawyer available.
How can an Ohio accident attorney assist victims with injury and property damage recovery?
After an accident, attorneys in Ohio can fight for a victim’s right to compensation for injuries and property damage loss under the State laws that provide for payment when an injured party was not at fault, referred to as “damages. Legal counsel is aware of an insurance company’s desire to close out claims quickly. Contacting an experienced attorney in Ohio shortly after an accident will give them the opportunity to research the case before an insurance company makes a low settlement offer. They can build a strong case by sending investigators to the accident scene; reviewing police reports, witness testimony and medical reports; hiring appropriate financial experts to make valuations of loss; determining the cause of the accident; supporting victim’s rights against aggressive insurance companies; and drafting and filing complicated insurance and legal documents
Because of an accident’s unplanned nature and its occurrence in every type of venue, victims can become overwhelmed with the tasks to be undertaken afterward. In many cases, individuals are left with expensive property damage replacement, or physical injury and loss that requires legal action to address costs above insurance policy limits.
What damages can a victim recover from accidental injuries?
Compensatory damages are an award of money in compensation for actual economic losses, injury, and property damage, not including punitive damages. An Ohio accident lawyer can explain valuation determinations for auto insurance claims, and other accidents requiring damage compensation and assist in determining what types of compensatory award damages are necessary to address: economic loss, including lost wages, medical bills, medical care, and treatment, plus household expenses; and non-economic damages, including pain and suffering, loss of consortium, or companionship.
Punitive damages are meant to punish the individual who caused harm, or injury and loss to the victim. They are contingent upon proving that a defendant deliberately, with reckless disregard, acted in a manner to cause harm to another person, and awarded on a case-by-case basis. There is a cap on damages at either twice the compensatory damages, or 10% of the individual’s net worth at the time of the accident up to $350,000, whichever is lower.
When personal injury is caused by another’s actions in Ohio, the statute of limitations allows an accident victim two years to file a lawsuit from the date the injury occurred, was, discovered, or should have been discovered through reasonable care. An experienced Ohio accident attorney can apprise individuals of any deviations from that timeline.
Motor vehicle.
In an “at-fault” insurance state like Ohio, an accident victim will have to file a claim against the responsible person, or their insurance company to cover all harmful losses, property damages and personal injuries. Victims can file a claim with their own insurer, file a claim directly with the fault party’s insurer, or sue the party at fault for the accident. In many cases the compensation will not be more than the fault party’s insurance policy limits. If a police report is made it will become part of an Ohio driving record but fault will not be specified. Legal action must be commenced within the two year statute of limitations.
Personal injury.
If a person is hurt because of the action, or inaction of another individual, they may be able to recover compensation when fault and/or liability is proven for the resultant harm. The recovery of damages is contingent upon proving that the individual, or entity was negligent, they caused the injury and owed a duty of care to the victim. If a criminal component exists, that legal action may impact the civil case outcome.
Premises liability.
If an individual is hurt on another person’s property, they may take legal action if the accident was caused by poor property conditions, including improper maintenance, upkeep, or from unforeseen interactions with occupants, or others on the premises. An invitee may be owed a duty of care, but a trespasser may not be owed that same duty. Homeowners’ insurance may cover these types of injuries in many cases.
Medical malpractice.
Ohio medical malpractice actions occur when a person becomes injured while under the treatment of a practicing health care provider. Ohio caps medical malpractice non-economic damages at the greater of $250,000 or three times the plaintiff’s economic damages, with an overall maximum of $350,000 per plaintiff, or $500,000 for each case. The cap will be bumped up to $500,000 per plaintiff, or $1 million per case if the malpractice caused certain permanent and/or catastrophic injuries.
The time limitations to file a lawsuit with an affidavit of merit fall within a one year statute of limitations from the date the underlying medical injury, or error occurred, but always check with a medical malpractice attorney to ascertain if there are deviations from that timeline.
Workers’ compensation.
When a person becomes injured on the job, or contracts an illness that is job-related, they should hire the services of an experienced workers’ compensation attorney, who can assist with a claim for monetary damages. Injuries may be caused by an accident, or event that results in a physical injury, a medical condition caused by repetitious use of a body part, or conditions associated with the workplace environment itself. A lawyer can deal with the Ohio Bureau of Workers’ Compensation Claims Division on a client’s behalf.
Wrongful death.
In Ohio, family members, or legal representatives must file a wrongful death lawsuit to secure compensation when a loved one dies because of the negligent, reckless, or deliberate act of another. An Ohio wrongful death attorney can assist with damages in these lawsuits that may include:
- Medical bills and treatment,
- Funeral and burial expenses,
- Lost wages compensation,
- Compensation for pain and suffering,
- Punitive damages base on individual case.
An accident victim in Ohio can take steps to minimize additional stress by hiring competent legal counsel who can objectively speak on their behalf in a courtroom, or against an insurance company’s legal team yielding a swift and fair monetary settlement.
