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Personal injury litigation is subject to different regulations in every state. To bring a case in Ohio it is very important that you consult an experienced Ohio personal injury lawyer, who can guide you through the states unique laws.
Personal injury litigation includes many types of action, including car accident cases, defective products cases and medical malpractice cases. A personal injury claim in Ohio can arise from negligence or intentional wrongdoing.
In Ohio you must prove four elements to win any negligence case:
1. The defendant owed you a duty
2. The defendant did not fulfill that duty
3. The defendants breach of duty resulted in your injuries
4. You suffered damages
In Ohio personal injury lawsuits you can still recover damages even if your own negligence contributed to the injury. Ohio follows a doctrine of modified comparative negligence. This means that a defendant is responsible for the proportion of the damages equal to their proportion of the blame in the injury. Under Ohio law a plaintiff cannot recover damages if they were more negligent than the defendant.
Ohio personal injury law follows the doctrine of several liability when determining liability between defendants. The doctrine of several liability means that each defendant is responsible to pay only for the portion of the damages equal to their portion of the fault in the case. Under Ohio law if one defendant is unable to pay what they owe, other defendants cannot be held liable for this cost.
In Ohio non-economic damages cannot exceed the greater of $250,000 or three times economic damages in most civil cases. In cases of catastrophic injury the limit can be exceeded. In medical malpractice cases, non-economic damages can be up to $350,000. Non-economic damages include pain and suffering, loss of quality of life, loss of companionship, emotional distress and humiliation.
Punitive damages cannot exceed two times compensatory damages. If the defendant is a small business punitive damages are limited to the lower value of $350,000 or 10% of the business's net worth.
In Ohio you have two years to file a personal injury lawsuit under the states statute of limitation. However, if your injury is related to a contract you may have six years to file your claim.
If you are considering pursuing a claim in Ohio you need the counsel of a personal injury attorney who understands the nuances of Ohio law. The sooner you begin working with an attorney the easier it will be to build your case and reach a successful outcome.
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