01What is a personal injury claim, and what kinds of cases do you handle?
A personal injury claim arises when someone is injured because of another person’s or business’s negligence or wrongful conduct. Depending on the facts, the injured person may be entitled to financial compensation for the harm caused.
The firm handles auto and motorcycle accidents, trucking collisions, premises liability, dog bites, nursing home negligence, product defects, and vaccine injuries.
The same core principles apply across these cases: someone owed a duty of care, failed to meet it, and that failure caused harm. The evidence needed to evaluate those issues depends on what happened and the injury involved.
02Do I have a personal injury case?
The firm evaluates a potential case through three related questions. First is liability: who bears legal responsibility for the injury. In Ohio, even a small share of liability can reduce financial compensation, and a jury finding that you were more than 50 percent responsible generally bars recovery.
Second is damages: what monetary compensation may be available and what evidence proves the damages incurred. The evidence must connect the damages to the accident, while a defense team may argue that an injury was pre-existing or that proper treatment was not received.
Third is collectability: whether damages can be collected from the responsible party. That review can include available insurance, assets, and other debts or obligations of the defendant.
When you contact the firm, a specialist will ask about your injuries, medical treatment, damages, the impact on your life, and your goals. An attorney will then determine whether legal representation could benefit you.
03What damages can I recover in an Ohio personal injury case?
Economic damages may include past and future medical bills, past and future lost wages, and out-of-pocket expenses such as special medical equipment. These losses should be supported by records and other evidence.
Non-economic damages may include pain and suffering, loss of enjoyment of life, emotional distress, loss of consortium, and permanent injury such as disability, disfigurement, or scarring.
Loss of consortium damages compensate family members and loved ones for damage to their relationship with the injured person. The specific claim and available proof depend on the facts.
Punitive damages are available only in limited circumstances. Whether any category of damages may apply depends on the evidence and the law governing the claim.
04How much is my case worth?
A case’s value depends on its unique facts and circumstances. Important considerations include liability, the severity and permanence of the injury, the amount of medical treatment, the impact on work and daily life, and the insurance available.
Under Robinson v. Bates, 112 Ohio St.3d 17, 2006-Ohio-6362, evidence of medical expenses is generally the amount accepted as payment rather than the full amount billed. The records and payment history therefore matter when damages are evaluated.
Ohio’s R.C. 2315.18 generally caps non-economic damages at the greater of $250,000 or three times the economic loss up to $350,000. For catastrophic injuries, the cap can rise to $500,000.
Catastrophic injuries include permanent and substantial physical deformity, loss of use of a limb, loss of a bodily organ system, or a permanent physical functional injury that prevents self-care. The statute and the specific facts determine how any limitation applies; no case-value estimate can be stated from general information.
05What is the deadline to file a personal injury lawsuit in Ohio?
Under R.C. 2305.10, the general deadline for bodily-injury claims in Ohio is two years from the date of injury. The deadline is not the same for every claim, and the facts should be reviewed promptly.
Exceptions and special rules include the two-year wrongful-death period under R.C. 2125.02, tolling for minors and certain persons under a disability under R.C. 2305.16, and shorter or specific notice and filing deadlines for claims against government entities under Ohio’s political-subdivision immunity statutes.
Contractual or statutory deadlines may also apply to some claims, including underinsured-motorist claims. Missing a deadline can permanently bar a claim, and evidence can disappear quickly.
06What happens if I was partly at fault for the accident?
Ohio follows modified comparative fault under R.C. 2315.33. A recovery is reduced in proportion to the injured person’s share of responsibility.
If you are found more than 50 percent at fault, you recover nothing under this rule. The evidence used to assign fault can therefore be important to the case.
Insurance adjusters often raise fault early. Do not admit fault, guess at speeds or distances, or give a recorded statement before speaking with an attorney.
07What does it cost to hire a personal injury attorney?
The firm generally handles personal injury cases on a contingency fee basis. That means there is no fee unless the firm recovers money for the client.
Case costs and the terms of the fee agreement are explained in writing up front. Read the agreement carefully and ask questions about fees, costs, and how any recovery would be handled.
The agreement is specific to the representation. A consultation can help explain what it would cover before you decide whether to move forward.
08Will I have to file a lawsuit, or can my case be settled?
Most personal injury cases resolve through settlement with an insurance company. Settlement is typically much quicker than litigation, and you and your attorney can negotiate until the amount is acceptable.
You can reject an offer that is not acceptable. When an insurer will not make a fair offer, a lawsuit may be filed to pursue the claim through the court process.
Even after a lawsuit is filed, most cases still resolve before trial. The client makes the final decision about whether to accept a settlement.
09How long will my personal injury case take?
The timeline varies with the complexity of liability, the length of treatment, the need for expert review, and the availability of insurance. A straightforward case and a heavily disputed case may move at very different speeds.
A case generally is not resolved until the client has either fully recovered or the injuries are determined to be permanent and stable. Medical information and the likely course of treatment can affect when the claim is ready to evaluate.
Resolving too early can risk under-compensating needs that are still developing. Your attorney can explain what information is still needed and what steps may come next.
10What should I do — and avoid doing — after an injury?
Seek a prompt medical evaluation and follow the treatment plan. Photograph the scene, injuries, and property damage; collect witness names and contact information; obtain the police or crash report, such as the OH-1 report; and preserve physical evidence.
Keep a daily record of symptoms and how the injury affects your life. Save bills, receipts, and wage-loss documents, notify applicable insurers, and preserve the vehicle or product involved.
Do not give a recorded statement to the other side’s adjuster or admit fault. Do not post about the injury or accident on social media, and do not skip or delay treatment.
Do not sign a release or accept a settlement without legal review. These steps help preserve information while you consider what to do next.