Ohio Personal Injury Claim FAQs
I was injured in an accident. Can I file a lawsuit against the party that caused my injury?
In general, when a person is injured as a result of another person's negligence, the injured party may pursue a claim against the party or parties that caused the injuries. You are entitled to compensation for your injuries if it is found that a defendant was negligent and that such negligence was a cause of your injury. Any personal injury case depends on liability, damages, and whether you can collect from the negligent party or parties. Even if you were partially at fault for your injuries, you may be entitled to recover a portion of your damages. Ohio has adopted the doctrine of modified comparative fault which means a claimant's contributory negligence will not bar recovery unless it is greater than the combined negligence of all other persons. A claimant's recoverable damages will be reduced in proportion to his percentage of negligence.
Personal injury law applies to all types of accidents and injuries suffered by individuals. Some of the most common claims are automobile accidents, premises liability, medical malpractice, and product liability, among others. Whether you are entitled to compensation will depend on the circumstances concerning the accident that caused the injury. If you or a loved one have been seriously injured or are unsure as to the outcome of your injury, contact Freking & Betz
How do I decide if I need to hire an attorney?
An attorney should be consulted if you have been seriously injured or are unsure as to the outcome of your injury. These cases can be quite complicated. A personal injury attorney will have the legal knowledge, experience, training, time, and resources to effectively handle your claim. An experienced personal injury attorney will assess the value of your case and will meet the applicable legal rules, requirements, and deadlines. You will have to deal with a professional insurance adjuster from an insurance company. The primary goal of the adjuster is to settle the claim with you as cheap as possible. Without knowledge of the applicable complex insurance laws and policy provisions, a person could easily give away his or her valuable rights and lose due compensation. Also, claims history and statistics show that insurance companies typically pay more than twice the amount of compensation when an attorney represents the injured person. If you or a loved one have been seriously injured or are unsure as to the outcome of your injury, contact Freking & Betz.
How long do I have to hire an attorney?
State law requires that you file your lawsuit within a specified time period depending on the nature of the claim and the person that caused your injury. This is referred to as the statute of limitations. Failure to file suit before this deadline prevents you from filing suit at all. In some instances, there are exceptions to the statutes of limitation that may extend or limit the limitation periods. There may be special pre-suit or notification requirements for claims against state and local government. For these reasons, it is important to promptly consult an attorney so you don't miss a crucial deadline.
In Ohio, most bodily injury or wrongful death lawsuits must be filed within two years from the date when the cause of action accrues. In most cases, the cause of action accrues on the incident date, but there may be an exception when the injury could not have reasonably been discovered until a later date. Medical malpractice actions must be brought within one year of accrual of the cause of action, but not more than four years after the alleged wrongful act, or if the injury is discovered in the last year of the four year period, within one year after discovery. Intentional acts such, as assault must be commenced within one year. When a claimant is a minor, of unsound mind, or imprisoned, the limitation period is suspended until the legal disability is removed. If you have been injured, contact Freking & Betz promptly to get an assessment of your legal issue, and to avoid missing a crucial deadline.
In Kentucky, most bodily injury claims must be filed within one year from when the cause of action occurred. This may be extended for certain cliams. If you have been injured in Kentucky, contact Freking & Betz promptly to get an assessment of your legal issue, and to avoid missing a crucial deadline.
