Personal Injury Law in Akron, OH
Were you hurt due to another’s negligence in Akron? If so, it may have far-reaching consequences such as a loss of wages or extensive medical treatment. Personal injury law allows an injured person to get damages if the responsible person acted recklessly. A personal injury attorney in Akron, OH can help make sure you receive the compensation you deserve.
What Is Personal Injury Law?
Personal injury law in Akron often relates to compensation for injuries caused by someone else’s negligent behavior. These cases involve the plaintiff seeking financial compensation for expenses and lost wages. These cases involve both parties’ insurance companies, and most cases settle before going to trial.
Examples of Personal Injury Claims in Akron, OH
Some personal injury claims are more common than others. However, almost any incident that ends with a physical or mental injury could qualify.
A few of the most common personal injury claims are:
- Car Accidents
- Slip and Fall
- Dog Bites
- Medical Malpractice
- Workplace Accidents
- Burn Injuries
Most Common Injuries in Akron
The Ohio Department of Health reports that there has been a massive uptick in personal injuries resulting from drug abuse. Injury reports and emergency room visits resulting from drug use are up significantly. Drug abuse in Akron accounts for a significant portion of injuries, along with workplace and auto accidents.
Steps in a Personal Injury Lawsuit in Akron, OH
Once you determine that you wish to proceed with a personal injury action in Ohio
A lawsuit begins when a complaint goes to court and gets served on the defendant. The complaint alleges your assertion that the negligent behavior resulted in damage to your body or mental state. You may have to go through depositions, independent medical evaluations, and document production along the way. This discovery process is lengthy and ends in either settlement or a court appearance.
Over 90% of personal injury cases end as a result of a settlement. This could happen when you first come before a judge, or during the mediation process. If your case does go to trial, a judge or jury will be the ones to decide the number of damages awarded, if any.
Ohio Personal Injury Settlement
Insurance companies and injured parties prefer settlement negotiations rather than going to trial. As a result, you may wonder how much you should seek in your settlement and factors that impact the final amount.
Settlements in Akron are difficult to average out due to the very nature of the laws. Several factors affect who will win a settlement and what the exact amount will be. However, if you are filing suit against the state of Ohio the parameters change. According to the Ohio Court of Claims, if you are filing against the state for more than $10,000 in damage, you will have to file the case in Columbus.
If the other party has insurance, the insurance company likely wants to settle out of court to avoid leaving the final decision to a jury. Settlements benefit injured parties as much as they do insurance companies. This is because accepting a settlement means you receive compensation sooner rather than later. Also, going to court in OH means you risk not receiving any compensation at all.
Damage Awards in Ohio
If your Ohio personal injury lawsuit goes before a judge or jury, your legal team will be ready with a request for damages. In personal injury cases, there are three types of damage awards a court may order the defendant to compensate for the damage they inflicted.
Special compensatory damages reimburse you for things like lost income, medical bills, and insurance deductibles. You submit receipts proving these losses.
General compensatory damages are subjective. If you receive special compensatory damages, you may also collect general damages. If your injury was particularly painful, you might request that the judge order the defendant to compensate you for the pain and anguish.
Punitive damages are the most rarely awarded and are up to the court. The judge or jury may determine that the defendant’s negligence was particularly heinous, and the resulting injury to you was equally horrific.
Ohio has no laws capping an amount awarded for economic damages. However, non-economic damages, such as money awarded for mental anguish or pain and suffering, cap out at $250,000.
Statute of Limitations in Akron, OH Personal Injury Law?
The injured party may have a set amount of time to file suit for a personal injury case. State law establishes statutes of limitation. Commonly, the plaintiff’s injury or discovery of the injury begins the statute of limitations. However, the latter factor is trickier, as the plaintiff will have to prove when the injury was first realized.
Residents of Akron have 2 years from the date of injury to file a personal injury claim against the responsible party. If you allow this time limit to lapse, the court will most likely dismiss your claim as you are beyond the statute of limitations.
We recommend you speak with a personal injury lawyer for this matter. Don’t wait too long and miss out on receiving the compensation you deserve for your injury.
Work With an Experienced Akron, OH Lawyer
Pursue a personal injury claim in Akron against the responsible person if you are dealing with an injury caused by someone else. One of our experienced lawyers can help you navigate your personal injury claim. We can even help you connect with an attorney across Ohio state lines.
Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!