Copyright © 2021 Charles E. Boyk Law Offices, LLC. All rights reserved. Reproduced with Permission.
Slipping and falling can be a scary experience and depending on where and how you fall, could cause life-altering injuries. As a result of these injuries, victims may face high medical bills and the inability to work.
If you were harmed from a slip and fall incident, you could have a claim for personal injury damages with guidance from a Lima slip and fall lawyer. Consider reaching out to a local personal injury attorney to evaluate your situation.
When someone suffers a bodily injury from a slip and fall accident, they have options for seeking recovery against the party responsible. Identifying the party responsible is the first step in a slip and fall claim, at which point the victim may write an initial demand letter. This letter briefly outlines the events that occurred on the day of the accident and any resulting losses.
According to Ohio Revised Code §2305.10, personal injury claims have a statute of limitations of two years from the date of the accident. In other words, plaintiffs have two years to bring their claim in court from the date of the accident, or they risk losing their right to sue.
The majority of slip and fall injuries happen in businesses, public areas, or municipal buildings. These entities typically have liability insurance, meaning their insurance adjuster would handle any ensuing civil case.
After receiving a demand letter, an insurance company may make an offer to settle through their adjuster. Depending on how settlement negotiations progress, the next step would be to file a personal injury claim in court if the injured party and the insurance company cannot agree on a settlement. A Lima attorney with experience in slip and fall claims can help negotiate with insurance adjusters and file a claim efficiently before the applicable statutory period expires.
In personal injury cases involving a plaintiff who slipped and fell, the issue of negligence becomes vitally important when assessing the cause of the accident and apportioning damages. To prove negligence, a plaintiff must show that the defendant owed them a duty of care which they subsequently breached. Then, the victim must show that this breach directly caused the injuries they sustained.
Ohio follows a modified comparative negligence rule, or “51 percent bar rule,” dictating how damages are awarded when both the plaintiff and defendant contribute to the cause of an accident. Under this rule, a trip and fall victim in Lima cannot recover compensation if they were 51 percent or more to blame for an accident.
If a plaintiff is found to bear 50 percent or less at fault for the accident, their recoverable damages would be reduced by the percentage of fault they contributed to causing the accident. An experienced slip and fall lawyer in Lima could review a victim’s case and evaluate how much compensation they could expect to be able to pursue.
A slip and fall from even a short height can cause a great deal of physical damage, which in turn may lead to significant financial expenses and other losses for the person injured. As such, it may be crucial to hold those responsible for remedying such a hazardous condition accountable for their negligence in caring for their property.
A Lima slip and fall lawyer could help ease the stress of dealing with insurance companies and fighting for compensation. Call now to schedule a consultation and start exploring your options.
By: James C.
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