Pursuing a personal injury claim requires being aware of and understanding many complex legal issues. Ohio state law includes several limitations that affect when, where, and how you file a lawsuit against someone else who is at fault for your injury. These regulations can be complex for most people to remember or apply without proper legal representation.
Statute of Limitations
In the case of personal injury, when someone else is at fault, you have a certain amount of time after the date of the incident to file a claim. The Ohio injury law statute of limitations states that Ohio residents have up to two years to file. The length of the filing period might be different in another state.
Although you have two years to file the claim in Ohio, you are not restricted to that amount of time to resolve the case or reach a settlement. No matter when you were injured, it is crucial that you contact a personal injury attorney right away to go over your case and to make sure you are within the statute of limitations.
Damage Amount Caps
Ohio personal injury law also limits the amount of your compensation if your claim goes to court. Economic damages are capped at $250,000. Monetary amounts for pain and suffering are considered non-economic, and awards for these damages are capped at $250,000 or three times the economic damages—whichever is greater. Also, punitive damages may not exceed twice the amount of economic damages.
Comparative Negligence
Ohio personal injury law uses comparative negligence to determine how liable a plaintiff is for their injuries. Even if an accident was partially your fault, you could still recover damages if your share of the liability was 50% or less. For example, if you were only 20% responsible for your injuries, you could receive up to 80% of the damages.
Finding a Personal Injury Attorney Near You
After suffering an injury because of someone else’s carelessness, you might have several questions about filing a claim or what Ohio state law allows. A personal injury attorney with Clements, Taylor, Butkovich & Cohen, L.P.A., Co., can help you understand how Ohio state limitations affect your personal injury case. For more information or to schedule an initial consultation, call our office at 513.721.6550 or use our contact form to discuss your personal injury case.