Are you suffering due to an injury caused by the negligence of someone else? Maybe you are suffering from a car accident, a slip-and-fall, or are the victim of medical malpractice in Akron. No matter the reason, you might be able to pursue compensation for your injuries and losses. An Akron personal injury lawyer can guide you through filing and settling your claim while you heal.
Call Ben Crump Law, PLLC, today at (800) 730-1331, to learn more about how we might manage your case. Do not let the stress of gathering specific evidence based on laws you may not be familiar with add to your pain and suffering. The sooner you contact our team, the sooner we can start on managing your case.
What Happens in a Personal Injury Lawsuit in Akron?
Personal injury cases are also known as “tort action” lawsuits and follow the law based on Ohio Revised Code § 2307. They involve two parties, the plaintiff, which is you, and the defendant, which can be a person or entity. Most of these cases settle out of court.
Before you file a personal injury claim, make sure you can:
- Prove the defendant owed you a duty of care
- Prove the defendant breached the duty of care
- Prove the defendant was, in fact, responsible for your damages
- Prove that you suffered injury or harm because of the defendant’s actions
Once these have been established, you can file your lawsuit. While you do not need to hire an attorney to represent you, you might want to consider doing so, as cases can become complex. There is a lot involved when proving someone is liable for negligence.
In Ohio, if there is proof that the negligent act was intentional— also known as gross negligence—the judge or jury can also decide to award punitive damages. Although punitive damages are a punishment charge, you have the burden of proof to show you deserve the award associated with the punitive damages.
Moreover, Ohio follows a “modified comparative negligence rule,” meaning if the defendant can prove you are at fault to any percent—sharing fault, that percentage will deduct from the total amount of compensation. You must also prove they are more than 50 percent liable for the negligence to be eligible for any compensation.
For a free legal consultation with a personal injury lawyer serving Akron, call (800) 730-1331
Statute of Limitations for Filing a Personal Injury Claim in Akron
In most cases, the general time frame you have to file a personal injury lawsuit is two years from the accident or when you become aware of an injury, as explained in Ohio Revised Code § 2305. 10(a). When dealing with medical malpractice claims, you have one year from when the patient/doctor relationship ended or from when you become aware of the injury, per Ohio Revised Code § 2305.11(a).
Government Liability Claims
If your lawsuit is against the State of Ohio, there are different rules to follow, as described by the Ohio Court of Claims. You must file your lawsuit through the Court of Claims, and you have two years from the date of the injury to file.
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Types of Personal Injury Lawsuits
You can file a personal injury lawsuit against any person or entity that you can prove has breached their duty of care in any circumstance and that the breach is what caused the injury or death.
Motorized Vehicle Accidents
These accidents are the most common and involve cars, motorcycles, boats, or other motorized vehicles. They are also typically caused by a motorist’s negligence and can bring severe injury and death.
Wrongful Death
Wrongful death claims are sensitive and complicated because the victim cannot defend themselves. Medical professionals and economists can help calculate compensation in a settlement. An attorney can also advise a client on this matter.
Premises Liability
These are your slip and falls and other accidents and injuries associated with a property owner’s negligence. These cases can be tough when proving liability depending on your immediate actions and the property owner’s actions. Therefore, ensuring you effectively manage every detail is vital.
An Akron personal injury lawyer can manage your case, negotiate with other parties, and file your lawsuit in court on time, which allows you time to heal, grieve, and focus on your recovery. At Ben Crump Law, PLLC, we do not shy away from tough cases, and we aim to negotiate the settlement you deserve. Call us today to schedule a free evaluation of your case.
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Is There a Limit on Personal Injury Damages in Akron?
Ohio does not limit economic loss compensation for personal injury claims, but there are limits on punitive and noneconomic damages.
Economic Damages: There is no limit to compensation concerning economic losses.
These include:
- Medical costs
- Loss of wages
- Attorney fees
- Funeral costs
- Lost or damaged property
Noneconomic Damages: As (B)(2) of Ohio Revised Code § 2315.18 explains, the limit for noneconomic damages is $250,000, or three times the amount compensated for economic damages, which cannot exceed $350,000.
These include:
- Pain and suffering
- Loss of care
- Consortium or loss of sexual relations
- Loss of mentorship
Catastrophic loss where there is a loss of a limb or debilitating deformity is the only exception to this rule, as outlined in section (B)(3) of the Ohio Revised Code § 2315.18.
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Contact Ben Crump Law, PLLC, Today
Personal injury lawsuits can cover a broad range of negligence. Ohio laws can make a case more complicated when considering someone’s death or determining whether punitive damages are involved. Either of these cases resulting from another’s negligence is grounds for you to take action.
Furthermore, the pain and suffering you are experiencing, be it an injury or the loss of a loved one, should not be overlooked as you establish your right for compensation.
While you are not required to hire legal representation, an Akron personal injury lawyer could prove beneficial to you. Our team at Ben Crump, PLLC, will organize your case to ensure the laws support your claim. We will manage every detail to safeguard you and your family’s rights, creating space for you to mend.
Call our office today at (800) 730-1331 for a free case evaluation. Let us help you pursue justice and the compensation you deserve.
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