Copyright © 2020 Charles E. Boyk Law Offices, LLC. All rights reserved. Reproduced with Permission.
Life can include all sorts of hazards, and personal injuries happens every day as a result. A personal injury may involve a wide range of instances where someone else’s actions or inactions cause you to suffer physical harm.
The financial costs, physical pain, and inconvenience to your livelihood that may result from these mishaps could send your life into a tailspin. However, if you find yourself in need of help after experiencing a personal accident, you may be able to seek recovery for your losses. Calling a Liberty Center personal injury lawyer could be the first step towards getting your life back on track. Speak with an established personal accident claim attorney to begin preparing a claim for damages.
It is important to keep in mind that the statute of limitations for filing a personal injury lawsuit in the state of Ohio is two years, according to Ohio Revised Code §2305.10. That means that anyone who suffers a personal injury in Liberty Center has two years from the date of their accident in which to file a lawsuit.
Filing prior to this deadline is critical to successful negotiations between a Liberty Center lawyer and the opposing party and their insurance company. If a potential plaintiff misses the deadline, they could lose their right to receive compensation.
To win recovery in a personal injury case, the plaintiff must show that the opposing party was negligent. That means that they acted in a way that departed from how a reasonably prudent person would act under similar circumstances, and that their negligence directly caused the plaintiff’s injuries. Examples of negligence in a personal injury case may include but are certainly not limited to:
If a court finds that the victim of a personal accident is partially at fault for their injuries, O.R.C. §2315.33 allows for the reduction of their total damage award by a percentage equivalent to their degree of fault under the modified comparative negligence rule. If they are found to be more that 50 percent liable, they cannot recover any money from the other parties. A personal injury attorney in Liberty Center may be able to structure a case in order to maximize the individual’s chance to recover compensation for their injuries.
Victims of personal injuries may be able to recover for two types of damages if their case is successful. Economic damages are financial losses due to the accident, including medical bills and lost wages. Non-economic losses may include pain and suffering, mental anguish, disfigurement, and inconvenience. In addition, punitive damages can be awarded under certain circumstances, usually if the party responsible for the incident showed wanton malice or disregard.
If the jury finds the defendant in a Liberty Center personal injury case liable for the plaintiff’s injuries, there are limits to what they can recover. non-economic damages are capped at $250,000 or three times the amount of economic damages, whichever is greater, with an overall limit of $350,000 under O.R.C. §2315.18(B)(2). However, there are no caps where a catastrophic injury is involved. meaning permanent and serious injury that impairs life functions.
It may be critical to act promptly to recover losses in a personal injury case, as the process for filing a lawsuit can be complicated and time-consuming. There may be evidence to gather, witnesses to identify and interview, and negotiations to have with a variety of parties.
Between managing your own recovery and the new demands resulting from a personal injury incident, the stresses can be severe—and may grow worse without the proper legal guidance. Contact a Liberty Center personal injury lawyer today to get experienced and compassionate help with your personal injury case.
Charles E. Boyk Law Offices, LLC