The time limit placed on bringing a personal injury lawsuit is called the “statute of limitations.” It is important to file a legal action within this period because if you don’t, you may forfeit your right to compensation for any damages suffered. The statutes of limitations vary from state to state, and they may differ depending on the type of claim.
Ohio Revised Code Section 2305.10 states that all lawsuits based on bodily injury must be brought within two years from the date the cause of action accrues.
Personal injury and wrongful death lawsuits have one thing in common: They arise when the negligent, reckless, or intentional actions of another cause one to suffer harm. Whatever the particular instances of the claim, both cases involve negligence. Other than that common factor, these claims are very different and their differences must be understood before a person attempts to file either of them.
Any accident involving negligent or reckless behaviors are cause for legal attention. This is particularly true when the actions or inactions of another have led to your personal harm. Had others followed the law and rightfully acted as they were responsible to act, there is less of a chance that you would have sustained an injury. Therefore, you have the right to file a claim and seek due compensation.
Any accident involving negligent or reckless behaviors are cause for legal attention. This is particularly true when the actions or inactions of another have led to your personal harm. Had others followed the law and rightfully acted as they were responsible to act, there is less of a chance that you would have sustained an injury. Therefore, you have the right to file a claim and seek due compensation.
If you are still unsure about whether or not your accident and injury case qualifies for legal action, you can speak with a lawyer who can further explain the details of filing and what exactly is needed.
Reasons to hire an experienced personal injury attorney.
Experience Assessing Claims: Personal injury attorneys are experienced with cases like yours and can tell you at the beginning whether it is worth it to pursue legal action. If you are unlikely to win your case, you can avoid the time and expense of preparing for litigation.
No Fees if You Don’t Recover: Most personal injury attorneys work for a contingency fee, which means that if you do not win your case, you will not pay attorneys’ fees. You are, however, responsible for certain expenses not directly related to an attorney’s services, such as the fees doctors charge for reviewing your records or being interviewed.
Red Tape: Complicated legal procedures, confusing medical terms, and lots and lots of paperwork are common in personal injury cases. An experienced attorney can work through the maze of paperwork necessary to resolve your claim so that you can get on with your life. When you meet with an attorney, he or she will ask you to provide documents you have relating to your injury.
Investigative Team: Usually, attorneys work with a team of investigators who have experience in specialized areas and will skillfully examine the technical aspects of your case. You can help the investigative team by providing important information about your injury.
Objectivity: Anger, pain, frustration, and fear may impact your ability to see the facts clearly. An attorney can be more objective about your case than you and will not make a rash decision. For example, you may be tempted to go for a quick payout, but your attorney may advise you that it is in your best interests to wait for a more appropriate offer.
Alternative Dispute Resolution: Lengthy and complicated trials are not always necessary to resolve a case. An experienced attorney will know whether your case may be best worked out using alternative dispute resolution methods (ADR), thereby saving you time, money, and emotional energy. Common examples of ADR are mediation and arbitration.
Experience Working With Other Lawyers: An experienced personal injury lawyer can deal most effectively and quickly with the other side’s attorney. This is particularly important during the fact-finding part of the litigation when parties are required to exchange facts and documents.
Experience With Insurance Companies: Personal injury lawyers are used to working with insurance companies and will not be confused by their tactics or feel pressured to settle for an unsatisfactory amount.
Best Settlements: Many personal injury cases are resolved by a negotiated settlement instead of trial. Generally, a settlement means the plaintiff will give up the right to sue in exchange for a payment from the defendant or an insurance company. A personal injury attorney will negotiate a settlement on behalf of a client and try to resolve the case as early as possible.
Best Jury Verdicts: If a trial is necessary, a personal injury lawyer can zealously represent you in court and work toward achieving the best possible jury verdict in your favor. He or she will develop a legal strategy designed to help get you any and all compensation available for your injuries.
If you are still unsure about whether or not your accident and injury case qualifies for legal action, you can speak with a lawyer who can further explain the details of filing and what exactly is needed.
Our lawyers know how difficult it is in the wake of a serious injury-causing accident and the serious expenses you will already be facing. We are therefore proud to work on a contingency fee agreement, which means that you only pay if we are able to recover for you.
From the first consultation to the very end of your case, we will front all of the expenses—including man hours we put in and fees of experts that we consult. We are only paid if we win your case, and our payment comes from the total recovery that we make–not directly out of your own pocket.
In most personal injury and wrongful death cases, you will not be barred from recovering compensation even if you or your loved one was partially at fault for the injury or death. A person becomes partially at fault when their injuries were sustained as a result of negligence on behalf of another party, but not completely. If you think that just because you were partially responsible for your injuries that you are not liable to compensation, you are. Whether you were involved in a construction accident, a slip and fall accident, or any other type of accident where you sustained injuries, you may be entitled to compensation even if you are partially to blame.
It is true, not every personal injury claim will result in legal action. However, there are many cases in which people falsely believe that no fault lies in the accident which has left them injured. While drunk driving accidents and medical malpractice cases clearly point to the person to blame for the accident and injury, other situations may be more difficult to identify. For example, slip and fall injuries may seem like mere accidents, but upon closer inspection there is actual responsibility to be placed. Many instances of this type of accident result from a property owner of business manager who failed to follow safety protocols. Ensuring that their premises are safe in all aspects – dry floors, well lit stairways, chemical-free environments, etc. – is the responsibility of a building owner. Failure to adhere to these rules could leave someone severely injured or ill.
Even in cases of natural disaster that cause you injury in your workplace. It may appear as if this act of nature leaves no one at fault for your injuries, but if the incident is examined more in depth, it may be found that your employer did not properly equip your building or work environment with the necessary regulations and did not adhere to safety protocols that they were responsible to adhere to.