Understanding the law and how it applies to filing personal injury claims in Cincinnati, Ohio involved detailed and complex paperwork and procedures to be filed. It's due to these facts, that experienced litigators can help guide you on the process and procedures that need to be filed correctly.
Facts about Personal Injury Claims in Cincinnati, Ohio
Every state in the US has limits imposed on how long you have to file a personal injury claim in civil courts. In the State of Ohio the statute of limitations for these claims is two-years from the date that the original injury took place. This means that an individual must have all legal paperwork and filings completed within the two year mark. However, if you speak with most attorneys, they'll argue the reality that waiting longer to file these claims typically hurts the individual case - as witnesses and important data can be lost or information to support the case can be forgotten.
It's critical to file any personal injury claim before the two-year window of opportunity as most courts will refuse to hear any arguments after the statutes of limitation have expired.
Understanding Shared Fault Rules in Ohio
It's very common in personal injury cases for an individual or business that you are attempting to hold at fault for your injuries might make the argument that you are somewhat or partially to blame for what occurred. If you have some liability it doesn't mean that your case is a lost cause. In these shared fault cases of personal injury claims, the State of Ohio has activated a 'modified comparative negligence rule' which simply means that compensation is rewarded based on the percentage of fault you share for the accident. However, if it's determined that the individual is more than 50% at fault for the accident, they can be denied compensation.
What are the Damage Caps in Ohio?
Similar to most US States, Ohio places a limit on the amount and types of damages that can be received by an injured individual through personal injury claims. The limits are based on what a client can receive if a personal injury claim in Cincinnati, Ohio goes to a jury trial. Non-economic damages (which include suffering, pain or emotional stress) are capped at $250,000 or 3-times the amount of the economic damages incurred. Punitive damages can't exceed two-times the economic damage.
Because of this complex process of filing and battling personal injury claims in Cincinnati, Ohio, it's always a good bet to have a professional attorney with experience in these cases fight for the compensation you deserve.