Personal Injury Laws in Ohio

Introduction to Personal Injury

Before we move on to the specifics concerning personal injury law in Ohio, let us identify what personal injury law actually is. Personal injury law is a part of tort law, an area of the law that deals with civil disputes surrounding negligence or wrongful conduct that unfairly causes harm to the victim and results in legal liability.

Personal injury law specifically concerns remedies for injuries suffered as a result of the negligence or wrongful acts of others. Cases typically concern motor vehicle accidents, injuries at work, medical malpractice, animal attacks, and defected products.  

Does Ohio have a Statute of Limitations?

It is reasonable for the law to impose limitations on the amount of time an aggrieved victim can bring their case to court in. If people were allowed to sue after ten years of an injury, collectively, the courts would have an unsurmountable case load. Moreover, personal injury law is generally meant to compensate the victim rather than punish the negligent party and if a significant amount of time passes, the courts operate on the presumption that the victim is not really in need of the compensation or has taken care of the injuries in some way.

The Statute of Limitations in Ohio is 2 years, which simply means that a personal injury case must be brought to a court within two years.

What happens in cases of ‘shared fault’?

When it comes to personal injury cases, the most common type of remedy is damages. The courts compensate the victim by making the negligent party or the party at fault pay for costs of medical treatment and rehabilitation. ‘Shared fault’ is simple term for the concept of contributory negligence. It applies in cases where the alleged tortfeasor claims that the accident or the cause of injury was not entirely their fault and that the victim contributed to their injuries.

The shared fault rule applies to the state of Ohio, which means that if the victim was partially at fault, then their damages are reduced to the percentage of fault attributed to the other party. So if the jury finds that the fault of the victim contributed 25% to the entire accident, the compensation will be reduced by 25%. However, if the court finds that both parties or all the parties were equally at fault; meaning that the victim contributed at least 50% to the accident, then no damages can be recovered.

These were some introductory rules regarding personal injury laws in Ohio. If you’re looking for a personal injury law firm in Ohio that has extensive experience, call Baker, Baker & Baker LLC today at 216-771-3966.