If you are seeking information about Ohio laws related to personal injuries, you’ve come to the right place. Following are some of the most important things to understand when you’ve been injured and are considering pursuing a lawsuit or seeking a settlement.
Ohio Personal Injury Lawsuits and Statutes of Limitations
The statute of limitations in any state refers to the time limit for filing a personal injury claim. In Ohio, as set forth by Ohio Rev. Code Ann. section 2305.10, the statute of limitations for personal injury claims is two years. This means that you have two years from the date of the accident to file your personal injury claim. If you fail to adhere to this deadline, then you will forfeit your right to seek compensation for your injuries. Thus, it is essential to take action as soon as possible to avoid running out the statute of limitations.
Shared Fault Laws in Ohio
It is very common for those who are accused of being at fault for personal injuries to deny wrongdoing and to turn the blame around on the accuser. In other words, you may be seeking compensation for your injuries, but the entity that you’re holding responsible may say that you caused the injuries yourself. If they can’t put all of the blame on you, then they may simply accuse you of being partially at fault for the injury. If they can prove that you share some liability for the incident that caused your injury, then Ohio’s shared fault laws will apply.
In Ohio, the shared fault laws adhere to the modified comparative negligence rule, which only allows you to be compensated for the percentage of fault that is not attributed to yourself, and only if you are less than 50% at fault for your injuries. For example, if you are 30% at fault for your injuries, then the entity who is 70% at fault will only have to compensate 70% of your damages. However, if you are 60% at fault for your injuries, then the other at fault party does not have to compensate your injuries at all.
To illustrate the modified comparative negligence rule, consider the following scenario: An auto accident occurs because another driver ran a red light. However, it is also determined that you were speeding when the accident occurred. Thus, in court, they decide that you are 20% at fault for the accident, and the driver who ran the red light is 80% at fault. If your damages came to $20,000, then the other driver would be responsible for 80%, or $16,000, and this would be the maximum compensation that you would receive after deducting your 20% of liability.
Ohio Personal Injury Damages Limitations
When the event is non catastrophic, many states place caps on the types of damages that you can receive personal injury cases, and Ohio is among them. There are non-economic damages, economic damages, and punitive damages to be considered. Economic damages are the actual economic losses incurred. Non-economic damages include things like pain and suffering. Punitive damages are intended as punishment for behaviors that are excessively or willfully negligent. The cap for non-economic damages in Ohio is either three times the total of economic damages (up to $350,000) or $250,000 (whichever one is higher). The cap on punitive damages is two times the total of economic damages.
Ohio Laws and Liability In Dog Attacks
There are many states that allow for a ‘one bite rule’ in which the owner of a dog is protected from personal injury liability for the first bite or attack involving their dog. The purpose of this is to protect the owner from a situation that they were not prepared for because they may not have known that their dog was a danger. Ohio is not one of those states. Rather, Ohio has a strict liability rule for dog owners, meaning that the owner is legally responsible for any personal injuries, regardless of whether or not the owner had reason to believe the dog could be a danger to others. The only exception is when the injured party was committing a crime or trespassing at the time that the dog attack or bite occurred.
Contact Chester Law Group for a Free Consultation
If you’ve been injured in Ohio, the best thing you can do to ensure that you take the right steps towards receiving the most compensation allowable for your damages and losses is to consult a skilled Ohio personal injury attorney like the professionals at Chester Law Group. Contact us today for a free consultation of your case and guidance in navigating Ohio’s personal injury laws.