Columbus has experienced a growth spurt. At the end of April, 2015, there was a 7% increase in building from the previous year, per the Associated General Contractors of America. The forecast for 2017 is to be up another 3.5%, with housing expected to increase by 10%, all due to Columbus being a hotbed place to live for millennials.
Therefore, jobs in construction will also increase. Unfortunately, while the number of workers increase, so does the number of construction site injuries. Construction sites are hazardous, and involve injuries to many people each year. In fact, it’s been found that people in the construction industry are at least 6 times more likely than other industries to be involved in a fatal workplace accident.
State and federal regulations are strict for safety, and aimed at thwarting injury on the job. But, that doesn’t always prevent a worker or bystander from getting careless, or be the victim of someone else’s mistake. That is when a dedicated legal team is often called in, to help the victim, or victim’s family with financial compensation. Losing the ability to work can cause financial ruin to any family. Chester Law Group, is an Ohio group of experienced attorneys, with an office in Columbus. They will be there for you, from start to finish.
A construction accident can involve an employee, contractor, or even a bystander, and is described at any accident happening on a construction site. In Columbus, a sprawling metropolitan city, construction accidents are common.
Varied Causes of Construction Site Accidents
A construction accident can occur due to a variety of disasters, such as electrocution, falls from ladders or scaffolding, or equipment malfunction. Regardless of how it happened, Ohio law allows for workman’s compensation benefits.
Even though many construction sites adhere to regulations, accidents and negligence are happening throughout Columbus. And those responsible, especially in the case of negligence, can be held accountable to the victims. For example, if there is a fatality as the result of negligence, a wrongful death lawsuit is often filed. But, there doesn’t have to be a fatality to warrant a case. Chester Law Group will help determine if you are entitled to compensation, and what steps to take.
The Right Personal Injury Attorney Fights for You
Fighting insurance companies can be a nightmare, even if you are not distracted and overwhelmed with a health or financial crisis. Let an experienced attorney with Columbus’s Chester Law Group do the dirty work for you.
After suffering a construction site injury, a person’s life can be thrust into utter chaos. This is precisely why you should utilize an attorney who is driven to fight for your rights, so you can focus on getting back to a healthier state of being. If the injury or death occurred in Columbus, it’s in your best interest to hire a local attorney, one who knows the area well.
To win… and collect, a fair settlement, it requires someone who knows the laws, including federal, state, and local. Some laws are universal, while others are not. Your attorney will worry about this for you though. But, it does help to know ahead of time what to expect of the basics in Ohio law regarding personal injury.
Statute of Limitations Law for Personal Injury in Ohio
Each state has their own laws on time limits, also referred to as statute of limitations. These laws determine the time you have before you are no longer able to file a claim, and it varies, depending on which type of case you would like to file.
For personal injury cases in Ohio, an injured party only has 2 years from the date of the injury or death to file a lawsuit. After that time, the responsible parties will no longer be held financially accountable.
You could try fighting that law, but it’s not likely you will succeed in court. So, if you have any doubt whether you have a case, call Chester Law Group as soon as possible. You are not obligated to go further, but get a legal opinion before your time to recoup financial loss runs out.
Personal Injury Damage Caps in Ohio
Similar to statute of limitations laws, cap limits also vary by state. A cap is the limit for money that can be rewarded per case. This can be broken down into 2 categories, compensatory and punitive damages.
Punitive damages can be rewarded to an injured party if maliciousness or negligence is determined. The idea behind punitive is to punish the defendant for their actions, or lack of actions that caused injury or death, and to hopefully deter others from similar acts in the future. Punitive damages are capped in Ohio at 2 times the compensatory damages. The exception is if the defendant is a small business employer or individual, and that cap is limited to 10% of their net worth, up to a maximum of $350,000.
Compensatory damages are broken down to 2 areas, economic and non-economic.
- Economic Damages – This area is designed to compensate an injured party for any economical loss due to the injury or death, which is considered lost wages and medical bills for past, current, and future loss. In Ohio, there are no current caps for economic damages.
- Non-economic Damages – Compensation for pain and suffering to an injured party can also be rewarded. Pain and suffering refers to the intangible stresses brought on by the incident, such as mourning, mental anguish, or emotional distress. The cap in Ohio is $250,000 or 3 times the amount rewarded for economic damages, whichever is greater, but not to exceed $350,000.
Your attorney will be able to explain this to you thoroughly before entering a lawsuit.
Shared Fault in Ohio
There are times when the defense team of the individual or business you are suing will claim that you are partially responsible for your injury. If the court finds you partially responsible, it will most likely influence your rewarded compensation. However, Chester Law Group is prepared for this to happen.
Ohio abides by a “modified comparative negligence rule”, which says the amount of money you are entitled to can be decreased by an amount equivalent to the percentage you are deemed to be responsible. If you are found to be more than 50% responsible, you will not be rewarded any settlement.
And, since Ohio courts are required to adhere to this rule, don’t be surprised if it’s brought up by the defense, even if you hold zero responsibility.
As you can see, personal injury laws can be confusing. So, if you think you might have claim due to construction injury, call a determined Columbus, OH personal injury law attorney today at the Chester Law Group, before it’s too late.